Category:108 Prosecution and Progress
It is the responsibility of the contractor to furnish adequate forces for meeting specified project schedules as well as quality requirements. The Resident Engineer should bring unsatisfactory progress to the contractor's attention in writing. Send copies of such letters to the District Engineer and Construction & Materials. If the contractor fails to respond in keeping with the intent of Sec 108, the matter must be brought immediately to the attention of the district office and the Division of Construction and Materials.
This article also discusses critical and key project dates and extensions or adjustments of time when progress is adversely affected by items beyond a contractor’s control.
108.1 Subletting of Contract (for Sec 108.1)
The prime contractor is obligated to do a specified portion of the work, as indicated in Sec 108.1.1. Any exception to this clause of the contract must be approved by the Division of 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.
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 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 2nd 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 2nd tier requests, the agreement between the 1st and 2nd 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 “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 1st 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 2nd tier sub. The 2nd tier request will only list items the 2nd tier plans to perform. See EPG 108.1.2 Second Tier Subcontracting and EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting for more information.
- 5. Verify that the requested subcontractor is an approved MoDOT subcontractor, has current insurance, and is qualified as a DBE (if the DBE box is checked). All three of these items can be confirmed by consulting the MoDOT Contractors database. If the subcontractor is not listed, they are not to be approved until they complete their registration. Refer unapproved subcontractors to How to Become a MoDOT Subcontractor. If the requested subcontractor is performing a Professional Service, refer to the Professional Service article for exceptions to insurance and registration requirements.
- 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.
- 8. 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 SM. Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in SM). 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 SiteManager (SM) daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.
108.1.2 Second Tier Subcontracting
Upon approval from the prime contractor, subcontractors may sublet a portion of their assigned work to another subcontractor. This relationship is called “2nd tier subcontracting”. A separate C-220, submitted by the prime, is required for 2nd tier subcontract requests. The contractor shall disclose the name of the 1st tier subcontractor on the form.
The C-220 for the 1st tier subcontractor should list all of the work items they plan to perform, as well as all work they plan to sublet to their second tier subcontractors. The quantity and unit price for each line shall be that designated in the subcontract agreement between the prime contractor and the first tier subcontractor. The C-220 for the 2nd tier subcontract work lists only the work the 2nd tier sub will perform, and shows the quantity and price from the subcontract agreement between the 1st and 2nd tier subcontractors.
SM will use the total of all work sublet to 1st tier subcontractors to determine the total percent sublet. The total for the 2nd tier work will not be included in that calculation since 2nd tier work is already included in the 1st tier total.
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 disadvantaged business enterprises (DBE). At the time of bid, all bidders are required to list on the 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 External Civil Rights Division must approve any change to the DBE commitment. In addition, all bidders must submit the 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.
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 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.
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 a reduction in the quantities for DBE firms initially committed on the DBE submittal form,
- If DBEs are working in a 2nd 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.
Any work subcontracted from a 1st tier DBE contractor to a 2nd tier non-DBE contractor will not count towards the DBE contract goal.
Compliance with the DBE goal is determined by the amounts shown on the subcontract agreement between the prime contractor and the DBE subcontractor, and later verified by the actual amount paid to that DBE once the work is complete.
108.1.4 Professional Service
Contractors sometimes hire a Professional Service to perform a support function to one or more line items of work. Use of a Professional Service does not typically require submittal of Form C-220, unless the work is directly tied to a contract line item. For example, Surveying/Staking is considered a Professional Service that does require a Form C-220 when there is a contract line item for that work. When the Surveying/Staking is considered incidental, no Form C-220 is required. The contractor or subcontractor utilizing a Professional Service is responsible for providing insurance coverage for this work if the Professional Service does not have sufficient coverage. Some professional service work may not require registration as a subcontractor. See EPG 110.3 Prevailing Wages and Records for more information on Professional Services.
Professional Service Contract Labor
Contractors sometimes hire a company to provide trade workers for their workforce. These companies charge a fee to the contractor for providing workers and they pay the workers directly. This is permissible. Since the contract is for workforce and not contracting to perform line item work there is no subcontract required. Insurance for the workers would be covered under the contractor hiring them. The workers would fall under the prevailing wage rate. Their rate of pay for prevailing wage rate is what the worker receives and not what the contractor is paying for their services. Therefore the mark up paid to the labor supplier cannot be used as part of the prevailing wage rate determination. The workers would be paid by the company supplying the worker. So the payroll from that company is what is submitted to the Resident Engineer. It should be submitted along with the prime or subcontractors payroll and not separately.
108.1.5 Rental Equipment
Sometimes the contractor will rent equipment from other contractors to perform work on the project. To avoid the possibility of unauthorized subcontracting, the payroll should be checked to confirm that the contractor is paying the wages of operators and supervision. Checking may also be accomplished during routine labor interviews by determining who pays the operator's wages. The findings of such checking procedures should be noted in the project DWR. In lieu of such checking, the resident engineer may accept a written statement over the contractor's signature that all operators and supervisors are carried on the contractor's payroll. These procedures are not necessary for equipment rented from recognized rental agencies that are not also in the highway construction business. Further explanation of Owner Operator can be found in EPG 110.3 Prevailing Wages and Records.
108.1.6 Termination of a Subcontract
Occasionally it becomes necessary for the contractor to terminate a subcontract. The Commission recognizes cancellation of previously approved subcontracts when the contractor provides:
- a. A statement over the signatures of the contractor and the subcontractor that they have mutually agreed to cancel the subcontract, or
- b. A certified copy of the contractor's written notice to the subcontractor of cancellation for cause.
After a subcontract has been cancelled, the percentages of work sublet to date should be adjusted. The work involved in the canceled subcontract quite often is proposed to be sublet again. If condition (a) or (b), above, has been met, the proposal should then be handled as a normal request for approval of subcontract.
If the contractor requests replacement of a DBE subcontractor, approval must first be obtained from the External Civil Rights Division.
If any subcontractor is replaced for any reason, the existing subcontract item(s) of work for that subcontractor are removed from SM. Remarks indicating the reason for the revision are included in the record. No revision of the original C-220 is required. The new subcontractor shall be added using the normal C-220 subcontract process documenting the items of work to be performed.
108.2 Notice to Proceed (for Sec 108.2)
Sec 108.2 provides information on notice to proceed. Early notice to proceed may be granted with the approval of the Division of Construction and Materials.
108.3 Prosecution of Work
Sec 108.3 provides information on prosecution of work.
108.4 Progress Schedules
Refer to Sec 108.4 for information on progress schedules.
108.5 Labor, Methods and Equipment
Sec 108.5 provides information on labor, methods and equipment.
108.6 Temporary Suspension of Work
Refer to Sec 108.6 for information on temporary suspension of work.
108.7 Contract Time for Completion of the Work
108.7.1 Extensions or Adjustments of Time
Sec 108.7 provides a basis for granting adjustments, suspensions or extensions of time when progress is adversely affected by items beyond the contractor's control. Sec. 108.7.1 covers extensions of time for calendar day or calendar date contracts and refers to weighted time tables on file in the office of the Commission. Weighted timetables (for contracts with and without time exclusions) and examples of proper use are shown in Tables 108.7.2 and 108.7.3 and EPG 108.7.4 Examples.
Such requests should be evaluated by the resident engineer and sent to the District Engineer along with a detailed study and recommendation. The district may discuss the request with Construction & Materials before rendering a decision. The resident engineer, with concurrence of the district construction engineer, may make adjustments for errors in assessment of time. Requests from the contractor for major adjustments, suspensions, or extensions of time require thorough study by the resident engineer. In many cases the basis for the request is not subject to a clear-cut policy decision.
It is necessary that these procedures be followed to ensure uniform administration of the liquidated damage provisions of our contracts.
When it is not possible to grant the contractor's request, a thorough report should be sent to Construction & Materials to recover liquidated damages.
108.7.1.1 Assessment of Liquidated Damages and Exceptions
| Guidance for Assessment of Liquidated Damages |
Contract time for project completion should be administered in accordance with 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 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.
Measurement of contract time for project completion ends when the contractor completes all work, including all corrections listed on the Semi-Final Inspection Form (C-236). The RE sometimes lists “exceptions” on the form. Exceptions are tasks or acceptance periods that are contractually allowed to occur after the contract completion date without penalty. For a list of common exceptions, refer to EPG 108.16.1 Critical Dates. Some exceptions may require a date range attached to the task. For example, removal of the Point of Presence signs should be done approximately 90 days after the semi-final inspection, so the RE should specify a two-week period for the POP sign removal, approximately 90 days out. As that date approaches, the RE should remind the contractor of the looming deadline to remove the signs to avoid having the count of time reinstated and damages assessed.
More details are available in the following Quick Reference Guides: Milestones and Contract Times.
108.7.1.2 Consideration of Time Extensions or Suspensions
Contractors are presumed to have made provisions in their bids for any anticipated delays in procurement of materials. Contract time extensions or suspension of working days should not be based on unsupported claims of delays in delivery of materials. Consideration may be given to delays caused by unusual market conditions such as an industry-wide strike, natural disaster, or area-wide shortage that arises after award of the contract and prevents procurement of materials within the allowable time for contract completion. It will be necessary to evaluate any claim for time extension based on material shortages to determine if the delays were, in fact, beyond the control of the contractor or the fabricator.
108.7.1.3 Progress Schedules
Per Sec 108.4, the contractor is required to provide the Resident Engineer with an initial Progress Schedule prior to or at the pre-construction meeting. The request for the initial schedule is included in the Pre Con Letter-Federal and Pre Con Letter-State. Contracts are generally set up as Completion Day or Completion Date projects; however, there may be some rare instances where a contract will be set up as a Working Day project. Regardless of the method of contract time, the progress schedule shall include an activities bar chart showing the major items of work throughout the life of the project. The initial Progress Schedule is very critical in establishing the basis for the planned work and should account for all limitations that are known at that point in time. It should be thoroughly reviewed for compliance with Sec 108.4, should demonstrate continuous prosecution of the work, achievement of any required milestones and indicate overall project completion within the allotted time. Acceptance of the initial Progress Schedule, and all subsequent progress schedules, will be made by the Resident Engineer.
Once the initial schedule is accepted, if the work plan changes or the contractor falls significantly behind schedule, the Resident Engineer should require a revised schedule be submitted in accordance with Sec 108.4.2.1 and Sec 108.4.4. The revised schedule should clearly show a plan to ensure project completion within the allowable time. Likewise, should an excusable delay occur, the RE should issue the appropriate time adjustment change order and require a revised schedule.
If progress towards completion within the allowable time is in jeopardy, and the cause is due to inexcusable failures by the contractor (see common failures below), a letter should be submitted to the contractor, with a copy to the surety, informing them of the possibility of being declared in default of the contract if the contractor does not proceed with a remedy within ten days of the notice. The State Construction and Materials Engineer should be informed of this notice. If after ten days the contractor has not adequately proceeded with a remedy, the State Construction and Materials Engineer will work with the district and the Chief Counsel’s office to determine the next course of action, which may include declaring the contractor to be in default.
Common contractor failures that could affect schedule and lead to Default of Contract:
- 1. Failure to mobilize and begin work on time.
- 2. Failure to provide sufficient resources (workers and/or equipment) to maintain sufficient progress.
- 3. Unacceptable work that requires extensive time to repair or replace.
- 4. Contractor delay caused by a refusal to remedy work deemed unacceptable.
- 5. Contractor vacates project or discontinues work on the major operation.
- 6. Contractor fails to return to the project in a reasonable time following a stoppage of work.
- 7. A stoppage of work is issued for non-compliance with a contract requirement.
- 8. A federal and or state legal action taken against the contractor.
Two-Week Schedule
In addition to maintaining a current project Progress Schedule, each week the contractor is required to provide the Resident Engineer with a dynamic two-week look-ahead schedule. This two-week schedule is the basis (i.e. agenda) for discussion at the weekly progress meetings. It provides current details that are important in planning and scheduling resources over the following days, including upcoming traffic control changes and inspection resources. This schedule is very important for coordination efforts. It can be in any format acceptable to the RE, but should not be waived except during planned pauses or low activity levels in the work and the RE agrees it is not necessary.
108.7.2 Table for Contracts with No Time Exclusion
| Day | January | February | March | April | May | June | July | August | September | October | November | December |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 0 | 32 | 88 | 154 | 244 | 356 | 487 | 614 | 738 | 834 | 919 | 978 |
| 2 | 1 | 34 | 90 | 157 | 247 | 360 | 492 | 618 | 742 | 837 | 921 | 979 |
| 3 | 2 | 36 | 92 | 160 | 250 | 364 | 497 | 622 | 746 | 840 | 923 | 980 |
| 4 | 3 | 38 | 94 | 163 | 253 | 368 | 497 | 626 | 750 | 843 | 925 | 981 |
| 5 | 4 | 40 | 96 | 166 | 256 | 372 | 502 | 630 | 754 | 846 | 927 | 982 |
| 6 | 5 | 42 | 98 | 169 | 259 | 376 | 507 | 634 | 758 | 849 | 929 | 983 |
| 7 | 6 | 44 | 100 | 172 | 262 | 380 | 512 | 638 | 762 | 852 | 931 | 984 |
| 8 | 7 | 46 | 102 | 175 | 265 | 384 | 517 | 642 | 765 | 855 | 933 | 985 |
| 9 | 8 | 48 | 104 | 178 | 268 | 388 | 522 | 646 | 768 | 858 | 935 | 986 |
| 10 | 9 | 50 | 106 | 181 | 271 | 392 | 526 | 650 | 771 | 861 | 937 | 987 |
| 11 | 10 | 52 | 108 | 184 | 274 | 396 | 530 | 654 | 774 | 864 | 939 | 988 |
| 12 | 11 | 54 | 110 | 187 | 277 | 400 | 534 | 658 | 777 | 867 | 941 | 989 |
| 13 | 12 | 56 | 112 | 190 | 280 | 404 | 538 | 662 | 780 | 870 | 943 | 990 |
| 14 | 13 | 58 | 114 | 193 | 284 | 408 | 542 | 666 | 783 | 873 | 945 | 991 |
| 15 | 14 | 60 | 116 | 196 | 288 | 412 | 546 | 670 | 786 | 876 | 947 | 992 |
| 16 | 15 | 62 | 118 | 199 | 292 | 416 | 550 | 674 | 789 | 879 | 949 | 993 |
| 17 | 16 | 64 | 120 | 202 | 296 | 420 | 554 | 678 | 792 | 882 | 951 | 994 |
| 18 | 17 | 66 | 122 | 205 | 300 | 424 | 558 | 682 | 795 | 885 | 953 | 995 |
| 19 | 18 | 68 | 124 | 208 | 304 | 428 | 562 | 686 | 798 | 888 | 955 | 996 |
| 20 | 19 | 70 | 126 | 211 | 308 | 432 | 566 | 690 | 801 | 891 | 957 | 997 |
| 21 | 20 | 72 | 128 | 214 | 312 | 437 | 570 | 694 | 804 | 894 | 959 | 998 |
| 22 | 21 | 74 | 130 | 217 | 316 | 442 | 574 | 698 | 807 | 897 | 961 | 999 |
| 23 | 22 | 76 | 132 | 220 | 320 | 447 | 578 | 702 | 810 | 900 | 963 | 1000 |
| 24 | 23 | 78 | 134 | 223 | 324 | 452 | 582 | 706 | 813 | 903 | 965 | 1000 |
| 25 | 24 | 80 | 136 | 226 | 328 | 457 | 586 | 710 | 816 | 905 | 967 | 1000 |
| 26 | 25 | 82 | 138 | 229 | 332 | 462 | 590 | 714 | 819 | 907 | 969 | 1000 |
| 27 | 26 | 84 | 140 | 232 | 336 | 467 | 594 | 718 | 822 | 909 | 971 | 1000 |
| 28 | 27 | 86 | 142 | 235 | 340 | 472 | 598 | 722 | 825 | 911 | 973 | 1000 |
| 29 | 28 | 86 | 145 | 238 | 344 | 477 | 602 | 726 | 828 | 913 | 975 | 1000 |
| 30 | 29 | 148 | 241 | 348 | 482 | 606 | 730 | 831 | 915 | 977 | 1000 | |
| 31 | 30 | 151 | 352 | 610 | 734 | 917 | 1000 |
108.7.3 Table for Contracts with Time Exclusion
| Day | March | April | May | June | July | August | September | October | November | December |
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 24 | 102 | 198 | 316 | 457 | 610 | 758 | 887 | 971 | |
| 2 | 26 | 105 | 202 | 321 | 462 | 615 | 763 | 890 | 974 | |
| 3 | 28 | 108 | 205 | 325 | 466 | 620 | 767 | 893 | 977 | |
| 4 | 30 | 111 | 209 | 330 | 471 | 625 | 771 | 895 | 980 | |
| 5 | 32 | 114 | 213 | 334 | 476 | 630 | 776 | 898 | 983 | |
| 6 | 34 | 117 | 217 | 339 | 480 | 635 | 780 | 901 | 985 | |
| 7 | 36 | 120 | 221 | 343 | 485 | 640 | 784 | 904 | 987 | |
| 8 | 38 | 123 | 225 | 348 | 490 | 645 | 789 | 906 | 989 | |
| 9 | 40 | 126 | 229 | 352 | 495 | 650 | 793 | 909 | 991 | |
| 10 | 42 | 129 | 233 | 357 | 500 | 655 | 797 | 912 | 993 | |
| 11 | 44 | 132 | 236 | 361 | 505 | 660 | 802 | 915 | 995 | |
| 12 | 46 | 135 | 240 | 366 | 510 | 665 | 806 | 917 | 997 | |
| 13 | 49 | 138 | 244 | 370 | 515 | 670 | 810 | 920 | 999 | |
| 14 | 52 | 141 | 248 | 375 | 520 | 675 | 815 | 923 | 1000 | |
| 15 | 0 | 54 | 144 | 252 | 379 | 525 | 680 | 819 | 926 | |
| 16 | 1 | 57 | 147 | 256 | 384 | 530 | 685 | 823 | 928 | |
| 17 | 2 | 60 | 150 | 260 | 388 | 535 | 690 | 827 | 931 | |
| 18 | 3 | 63 | 153 | 264 | 393 | 540 | 695 | 832 | 934 | |
| 19 | 4 | 66 | 156 | 268 | 397 | 545 | 700 | 836 | 937 | |
| 20 | 5 | 69 | 159 | 272 | 402 | 550 | 705 | 840 | 940 | |
| 21 | 6 | 72 | 162 | 276 | 406 | 555 | 710 | 844 | 942 | |
| 22 | 7 | 75 | 165 | 280 | 411 | 560 | 715 | 848 | 945 | |
| 23 | 8 | 78 | 168 | 284 | 415 | 565 | 720 | 852 | 948 | |
| 24 | 9 | 81 | 171 | 288 | 420 | 570 | 724 | 856 | 951 | |
| 25 | 10 | 84 | 174 | 292 | 424 | 575 | 729 | 860 | 954 | |
| 26 | 12 | 87 | 177 | 296 | 429 | 580 | 734 | 864 | 957 | |
| 27 | 14 | 90 | 180 | 300 | 433 | 585 | 739 | 868 | 960 | |
| 28 | 16 | 93 | 183 | 304 | 438 | 590 | 744 | 872 | 963 | |
| 29 | 18 | 96 | 186 | 308 | 442 | 595 | 749 | 876 | 966 | |
| 30 | 20 | 99 | 190 | 312 | 447 | 600 | 753 | 880 | 968 | |
| 31 | 22 | 194 | 452 | 605 | 884 | |||||
| Monthly | 22 | 77 | 95 | 118 | 140 | 153 | 148 | 131 | 84 | 32 |
| Cumulative | 22 | 99 | 194 | 312 | 452 | 605 | 753 | 884 | 968 | 1000 |
108.7.4 Examples
Five examples are provided, below.
Example 1
Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. No time will be charged December 15 to March 15.
| From weighted time table: | |
| Completion date Sept. 1 | 610 Units |
| Notice to Proceed May 5 | -114 Units |
| Total Contract Units for Project | 496 Units |
| 496 * 2.6% = 12.9 (Adjustment for Overrun), so use 13 Units | |
| Contract Completion Sept. 1 | 610 Units |
| Added time due to overrun | + 13 Units |
| Revised completion date units | 623 Units |
Example 2
Assume the following: Contract completion date – December 1. Project was delayed from July 10 through August 5. No time will be charged December 15 to March 15.
| From weighted time table: | ||
| Completion date Dec. 1 | 971 Units | |
| Units at August 5 | 476 Units | |
| Units at July 10 | -357 Units | |
| Units during delay | 119 Units | |
| + 119 Units | ||
| Revised completion date units | 1090 Units | |
Example 3
Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. Time will be charged December 15 to March 15.
| From weighted time table: | |
| Completion date Sept. 1 | 738 Units |
| Notice to Proceed May 5 | -256 Units |
| Total Contract Units for Project | 482 Units |
| 482 * 2.6% = 13.9 (Adjustment for Overrun), so use 14 Units | |
| Contract Completion Sept. 1 | 738 Units |
| Added time due to overrun | + 14 Units |
| Revised completion date units | 752 Units |
Example 4
Assume the following: Contract completion date – December 1. Project was delayed from July 5 through August 5. Time will be charged December 15 to March 15.
| From weighted time table: | ||
| Completion date Dec. 1 | 978 Units | |
| Units at August 5 | 630 Units | |
| Units at July 5 | -502 Units | |
| Units during delay | 128 Units | |
| + 128 Units | ||
| Revised completion date units | 1106 Units | |
Example 5
Assume the following: Project costs overrun 10%. Contract completion date – October 1. Notice to proceed date – March 5. Working days allowed = 10. Weighted time table units available for project = 60. No time will be charged December 15 to March 15.
| From weighted time table: | |
| Total Contract Units for Project | 60 Units |
| 60 * 10% = 6 (Adjustment for Overrun), so use 6 Units | |
| Contract Completion Oct. 1 | 758 Units |
| Added time due to overrun | + 6 Units |
| Revised completion date units | 764 Units |
108.8 Liquidated Damages for Failure or Delay in Completing Work on Time
Refer to Sec 108.8 for information on liquidated damages. Instructions for handling milestone disincentives through SM are provided in the Milestones: Incentives/Disincentives and Adjustments QRG.
108.9 Signal and Lighting Malfunctions
Refer to Sec 108.9for information on signal and lighting malfunctions, and what to do when an emergency repair is required.
108.10 Default of Contract
Sec 108.10 provides information on what constitutes a default of contract and related issues.
108.11 Termination of Contract for Convenience of the Commission
Refer to Sec 108.11 for information on the termination of a contract.
Guidance for Sec 108.11.2 Settlement Provisions (Particularly Settlement for Left-Over Material on a Construction Project)
When contract pay items are eliminated from the contract, the Resident Engineer should notify the contractor in writing as soon as possible so that the contractor can stop any unnecessary material purchases. If the material is delivered prior to notification, use the following guidance to settle the cost of returning or purchasing the material. If the cost of the material is significant, consult with the District Construction Engineer to discuss whether this resolution is appropriate.
- 1. Request that the contractor make every effort to return the material to the supplier. We should avoid adding inventory items to MoDOT maintenance lots if at all possible. Make payment to the contractor for the shipping cost, return shipping cost, plus any restocking fee charged by the manufacturer. To this total, add an amount equal to 5% of the invoice cost of the material to cover the contractor's general overhead expenses.
- 2. If the manufacturer will not accept the return, a negotiated settlement with the contractor can be made so that the contractor retains the material at the salvage value.
- 3. If the material cannot be returned or retained by the contractor, purchase of the material can be made. Delivery of the material should be made to the local maintenance facility. For this option, payment should be made to the contractor for the invoice cost of the material, plus 5% for overhead, plus shipping cost, plus any cost incurred by the contractor for delivering the material to the maintenance lot.
108.12 Notice to Contractor and Surety
Refer to EPG 152 Contactor Bonding Responsibilities and Sec 108.12 for information on notice to the contractor when a contract has been terminated or default has occured.
108.13 Termination of Contract for Misconduct
Refer to Sec 108.13 for information on termination of a contract for misconduct.
108.14 Determination of Compensation and Contract Time Extension for Excusable, Noncompensable and Compensable Delays
Refer to Sec 108.14 for information related to delays in completing the work.
108.15 Suspension of Work Directed by the Engineer
Refer to Sec 108.15 for information related to a suspension of work as directed by the engineer.
108.16.1 Informational Dates
Informational dates are defined by each agency using AWP (AASHTOWARE Project) and may be used for any purpose. MoDOT has decided to use these dates for tracking significant contract events and to facilitate the final plans process.
The person(s) responsible for entering the Informational dates and their definitions follow, listed alphabetical order of abbreviation in AWP:
- 1. Acceptance Date (ACCEPT-DT) – This is the Final Acceptance date as confirmed and documented by the District Construction & Materials Engineer (DCE) on the Final Acceptance Report (C-239). The DCE makes Final Acceptance after receiving the Final Inspection notice from the RE and confirming that all requirements listed in Sec 105.15.2 have been met. Final Acceptance should be made as soon as possible after receiving the final documentation from the contractor, but no later than the 30 day maximum allowed per Sec 105.10.7. The Final Acceptance date (Actual) is entered by the District Final Plans and Reports Processor.
- 2. 105 – Date Approved by DBE (ADBE) – The date the External Civil Rights Division (ECR) approved the final DBE participation of the project. The Actual date is populated by the ECR – CM Division.
- 3. Award Date (AWRD-DT) - The date of action of the Commission accepting the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or as required by law. The Actual date passes into AWP during contract transition from Preconstruction to Construction.
- 4. Contract Items Complete Date (CICM) – This will be the same date as the date of the Final Payment letter from the Financial Services office. The Actual Date is entered by the Final Plans Reviewer.
- 5. Contract Closed for CRLMS Date (CRLMS-DT) - This date represents the review and approval of the final DBE participation for a contract. Entry of this date is necessary for the project data to be reported on the DBE Uniform Report. The Actual date is populated by ECR - CM Division.
- 6. 050 Date Final Plans Received at HQ (DFPR) - The projected date for this field is populated by the District Final Plans and Reports processor immediately following Final Inspection. This date is 2 weeks after the projected date the plans are due in the District Office (per guidance in #8). After the district check of the final plans is complete, the DFP&RP shall notify the Final Plans Reviewer by email that the project is ready for final review and processing. After confirming that all needed documents are present in eProjects, the Final Plans Reviewer will enter the Actual date into this record to indicate the plans have been received by central office.
- 7. Execution Date (EXEC) - The date that the contract has been signed by all parties and approved by the Chief Counsel's Office. The contractor has 15 days from award to return an executed contract for execution by the commission. The actual execution date can be more or less than 15 days after award based on the time the contractor takes to return the contract and the time for review and execution by the commission. The actual date for this record passes through at time of contract transition from Preconstruction to Construction.
- 8. 020 Date of Final Inspection (FI) - See Sec 105.10.7 for details on the contractual requirements for the Final Inspection. This is the date that all corrections and exceptions listed on the Semi-final Inspection (Form C-236) are complete. If there are no corrections or exceptions listed, then the date of the Semi-final inspection is also considered the Final Inspection date. If there are multiple Jobs within the contract, the date that the last job was completed is the Final Inspection date for the contract. The Resident Engineer documents Final Inspection by recording this date on the Semi-final Inspection form and entering it into AWP. Immediately following Final Inspection, the Resident Engineer or DFP&RP shall send formal notification (digitally signed letter) to the contractor stating the date of Final Inspection and relieving the contractor of any further maintenance. The letter should also request that all documents listed in Sec 105.15.2 be submitted to the RE office within two weeks so that Final Acceptance can be made. A sample Final Inspection letter is available. Final Inspection is also the date that starts the “clock” for the completion of the Final Plans. Final plans and materials summaries are to be submitted to the District Final Plans & Reports Processor no later than eight (8) weeks following Final Inspection, except that only four (4) weeks following Final Inspection is allowed when there is more than four (4) weeks between Partial Acceptance (Actual Completion Date) and Final Inspection. The district is allowed an additional two (2) weeks to review and submit the Final Plans to the division. Preparation of Final Plans should not be delayed for such reasons as: waiting for the contractor to provide final documentation, waiting for exception periods, or delays due to contract issues. The Final Inspection Date (Projected and Actual) is entered by the Project Office.
- What are Exceptions? Exceptions are tasks or test/acceptance periods that are contractually allowed to occur after the contract completion date.
- Examples of “exceptions”:
- a. Acceptance of permanent seeding in accordance with Sec 805.4.
- b. Acceptance of sodding in accordance with Sec 803.4.
- c. Maintenance of all temporary erosion & sediment control devices until final stabilization has been achieved.
- d. Removal of all temporary sediment control devices after final stabilization has been achieved.
- e. Removal of Point of Presence signs approximately 90 days from the date of the Semi-Final Inspection.
- f. Retroreflectivity measurements on pavement marking in accordance with Sec 620.2.3.
- g. Final Plant Inspection (trees, shrubs, etc.) in accordance with Sec 808.4.3.
- h. Thirty-day test period for Traffic Signals in accordance with Sec 902.12.8.
- i. Fifteen-day test period for Lighting Systems in accordance with Sec 901.14.1.
- j. Fifteen-day test period for Navigation lighting in accordance Sec 901.6.5.
- 9. 060 Date Final Plans Check is Complete (FPC) - The Final Plans Reviewer will enter this Actual date after completing the review of the final plans and passing them for final payment.
- 10. 040 Date Final Plans Recvd at District (FPR) - The Projected date that final plans should be completed by the project office is entered by the District Final Plans and Reports Processor immediately following Final Inspection. The projected date should be based on guidance in #8 above. After the project office completes the final plans, the RE shall notify the DFP&RP by email that the project is complete and ready for review by the district. After confirming all final documents are present in eProjects, the DFP&RP shall enter the Actual date final plans were received by the district.
- 11. Letting Date (LETD) - The date on which bids for the project are accepted and opened publicly by MoDOT. Date passes into AWP during the transition from Preconstruction to Construction.
- 12. 030 Project Data ready for Matls Summary (MCF) - The Projected and Actual date is entered by the project office when the last change order is approved or when it is determined that the current contract quantities are final. The date is used to notify district materials personnel that the materials summary may be completed.
- 13. Notice to Proceed Date (NTP) - The date on or before which prosecution of the work is to begin. This date is specified in the contract and is generally about 60 days after letting. If the contractor does not begin work by this date, the count of working days begins on this date. If the contractor starts before this date, the count of working days begins when the contractor starts work. Date passes into AWP during transition from Preconstruction to Construction.
- 14. Open to Traffic Date (OPTF) – Leave this field blank except for special program projects that are designated by the Division to have the “opening” date documented. When required, this date serves as a measure of progress towards completion of the special program. Smooth Road Initiative and Focus on Bridges are examples of past programs that required tracking of the Open to Traffic date. The Division will let the REs know what programs require tracking and what parameters constitute the project as being “Open to Traffic”.
- 15. 110 Date Received from DBE (RDBE) - The Final Plans Reviewer enters this Actual date when the final plans are received from External Civil Rights after their review.
- 16. 095 Materials Summary Approved by HQ (SAH) – The Actual date is entered by the Division of Construction and Materials after the materials summary is approved.
- 17. 100 Date Sent to DBE (SDBE) – The Final Plans Reviewer enters this Actual date when the final plans are sent to External Civil Rights for their review.
- 18. 080 Materials Summary Submitted to HQ (SSH) - Actual date is entered by District Materials when the materials summary is completed, uploaded to eProjects and available for review by the Central Office.
- 19. Work Begin Date (WKBG-DT) - This is the actual date the contractor begins work and is used by AWP as the start date for the count of contract time. This date is entered by the Project Office.
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: AWP CO Contract Times and Change Order Time Extension.