Category:109 Measurement and Payment - Revision history

Hoskir: moved sub sections (ex. 109.1) to their own page

2025-06-13T15:08:05Z

moved sub sections (ex. 109.1) to their own page

Hoskir: /* 109.12.1 Change Order Preparation */ removed link

2025-04-11T13:38:43Z

109.12.1 Change Order Preparation: removed link

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	\|<center>'''Change Order Examples'''</center>		\|<center>'''Change Order Examples'''</center>
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	~~\|[[media:109.12.1 Mobilization.pdf\|Adjust Mobilization for Contract Bond]]~~
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	\|[[media:109.12.1 Chief Engineer.pdf\|Chief Engineer Level]]		\|[[media:109.12.1 Chief Engineer.pdf\|Chief Engineer Level]]

Hoskir: Text replacement - "External Civil Rights" to "Business Development and Compliance"

2025-01-09T21:18:29Z

Text replacement - "External Civil Rights" to "Business Development and Compliance"

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	'''Addressing claims from creditors (e.g. supplier, sub, etc.) against the prime contractor:'''		'''Addressing claims from creditors (e.g. supplier, sub, etc.) against the prime contractor:'''

	Intervening in pay disputes between the prime and their creditors should be limited to facilitation efforts by the RE. The RE should contact the prime, discuss details of the payment issue, and advise of Missouri’s Prompt Payment Law if there is not a valid reason for their delay in payment. If no resolution can be facilitated, provide the creditor with the Surety’s name and contact information, as listed in the contract bond. Also, note the name and nature of the dispute for a reference when the C-242 is received at the completion of the job. Pay retainage should not be withheld from the estimate because of a creditor claim. Payments should not be made to the Surety unless the contract is declared to be in default and the Surety submits a formal letter requesting all future contractor payments go directly to them. If the dispute is not resolved prior to the [[:Category:105 Control of Work#105.15.1.4 Acceptance for Maintenance (Final Inspection)\|Final Inspection]], provide the contractor with the [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242_With_Exceptions.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions] form so that they can list all pay disputes and state the reason why full payment was not made. Contact the Division of Construction and request authorization to close out the job despite the unsettled claim(s). Projects will typically be authorized for closure unless the dispute is deemed to directly involve the Commission. If the pay dispute involves a Disadvantaged Business Enterprise (DBE), advise ~~External Civil Rights~~ of the details surrounding the dispute.		Intervening in pay disputes between the prime and their creditors should be limited to facilitation efforts by the RE. The RE should contact the prime, discuss details of the payment issue, and advise of Missouri’s Prompt Payment Law if there is not a valid reason for their delay in payment. If no resolution can be facilitated, provide the creditor with the Surety’s name and contact information, as listed in the contract bond. Also, note the name and nature of the dispute for a reference when the C-242 is received at the completion of the job. Pay retainage should not be withheld from the estimate because of a creditor claim. Payments should not be made to the Surety unless the contract is declared to be in default and the Surety submits a formal letter requesting all future contractor payments go directly to them. If the dispute is not resolved prior to the [[:Category:105 Control of Work#105.15.1.4 Acceptance for Maintenance (Final Inspection)\|Final Inspection]], provide the contractor with the [https://epg.modot.org/forms/CM/Contractors_Affidavit_C-242_With_Exceptions.pdf Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions] form so that they can list all pay disputes and state the reason why full payment was not made. Contact the Division of Construction and request authorization to close out the job despite the unsettled claim(s). Projects will typically be authorized for closure unless the dispute is deemed to directly involve the Commission. If the pay dispute involves a Disadvantaged Business Enterprise (DBE), advise Business Development and Compliance of the details surrounding the dispute.

	==109.9 Retained Percentage (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.9])==		==109.9 Retained Percentage (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.9])==

Hoskir: /* 109.5.2 Daily Force Account Record, Equipment and Materials Account */ updated link for force account rental rate per email

2025-01-03T21:55:00Z

109.5.2 Daily Force Account Record, Equipment and Materials Account: updated link for force account rental rate per email

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	Each equipment unit must be listed separately. The contractor must supply information on all equipment to be used on a force account basis. The information must be in sufficient detail to allow accurate determination of the allowable rental rent according to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.5.4].		Each equipment unit must be listed separately. The contractor must supply information on all equipment to be used on a force account basis. The information must be in sufficient detail to allow accurate determination of the allowable rental rent according to [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.5.4].

	'''Rental rates on file with the Commission''' are the rates contained in [https://app.equipmentwatch.com/search/by-manufacturer ''Rental Rate Blue Book''] for construction equipment. [~~[media~~:Equipment ~~Rental Rates from the Blue Book~~.~~doc\|Equipment~~ Rental ~~Rates from the Blue Book]~~] [[image:bulldozer.jpg\|20px]] ~~For~~ contractor-owned equipment, apply the Model Year and Region adjustments, then divide the monthly rate by 176 hours to obtain the FHWA approved hourly rate. The listed estimated operating cost per hour is also applied for the time the machine is in use.		'''Rental rates on file with the Commission''' are the rates contained in [https://app.equipmentwatch.com/search/by-manufacturer ''Rental Rate Blue Book''] for construction equipment. [https://epg.modot.org/forms/CM/Equipment%20Watch%20QRG.docx Force Account Rental Rate - Quick Reference Guide] [[image:bulldozer.jpg\|20px]] for contractor-owned equipment, apply the Model Year and Region adjustments, then divide the monthly rate by 176 hours to obtain the FHWA approved hourly rate. The listed estimated operating cost per hour is also applied for the time the machine is in use.

	In all other cases, the resident engineer should negotiate rental rates with the contractor, subject to approval by the district. Sec. 109.5.4 states, "In no case shall the rental rates exceed those of established distributors or equipment rental agencies.” Proposed rates for contractor owned equipment may not exceed the rate determined by the above paragraph or the rate charged locally by equipment rental companies, whichever is lower. If special cases indicate that higher rates may be justified, send the proposed rates to Construction & Materials with the district's recommendation and data to support the proposed rates for division review.		In all other cases, the resident engineer should negotiate rental rates with the contractor, subject to approval by the district. Sec. 109.5.4 states, "In no case shall the rental rates exceed those of established distributors or equipment rental agencies.” Proposed rates for contractor owned equipment may not exceed the rate determined by the above paragraph or the rate charged locally by equipment rental companies, whichever is lower. If special cases indicate that higher rates may be justified, send the proposed rates to Construction & Materials with the district's recommendation and data to support the proposed rates for division review.

Hoskir at 18:23, 12 December 2024

2024-12-12T18:23:57Z

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	See [[:Category:403 Asphaltic Concrete Pavement\|EPG 403 Asphaltic Concrete Pavement]] for guidance on AC price index adjustments.		See [[:Category:403 Asphaltic Concrete Pavement\|EPG 403 Asphaltic Concrete Pavement]] for guidance on AC price index adjustments.

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

Hoskir: /* 109.12.2 Change Order Approval */ updated per RR3959

2024-11-27T19:59:10Z

109.12.2 Change Order Approval: updated per RR3959

← Older revision		Revision as of 14:59, 27 November 2024
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	===109.12.2 Change Order Approval===		===109.12.2 Change Order Approval===

	'''Preview for Sequence 3, 4 or 5 Change Orders.''' All draft Major change orders shall be submitted to the to the Construction Liaison Engineer for initial review prior to submitting to the contractor. Likewise, all district level change orders shall be sent to the DCE prior to submitting to the contractor. This is only considered initial approval, change orders sent to the contractor should not contain any MoDOT approval signatures. MoDOT approval and signing shall occur after the contractor digitally signs the change order.		'''Preview for Sequence 3, 4 or 5 Change Orders.''' All draft Major change orders shall be submitted to the to the Construction Liaison Engineer for initial review prior to submitting to the contractor. Likewise, all district level change orders shall be sent to the DCE prior to submitting to the contractor. This is only considered initial approval, change orders sent to the contractor should not contain any MoDOT approval signatures. MoDOT approval and signing shall occur after the contractor digitally signs the change order.

	Following any required previews, the RE will submit the completed change order to the contractor as an attachment to an email. The contractor’s signature should be requested on all change ~~order~~. If the contractor refuses to sign a change order, their refusal should be documented and disclosed to any subsequent approvers (i.e., district or division level approvers). If the decision is made to execute the change order without the contractor’s signature, all other approval signatures will be applied, and the executed change order will be sent back to the contractor as a directive to proceed with the change in work. If the unsigned change order includes new contingent item work, and no contract price or fixed price exists, payment for that portion of the work will need to be designated force account.		Following any required previews, the RE will submit the completed change order to the contractor as an attachment to an email. The contractor’s signature should be requested on all change orders. If the contractor refuses to sign a change order, their refusal should be documented and disclosed to any subsequent approvers (i.e., district or division level approvers). If the decision is made to execute the change order without the contractor’s signature, all other approval signatures will be applied, and the executed change order will be sent back to the contractor as a directive to proceed with the change in work. If the unsigned change order includes new contingent item work, and no contract price or fixed price exists, payment for that portion of the work will need to be designated force account. The RE should add an informational note to the contractor signature line documenting the contractor’s refusal to sign, stating the change order has been executed by the Commission, and stating the contractor has been directed to proceed with the change.

	Once the digitally signed change order is returned from the contractor, the RE shall upload it to eProjects, sign, and then approve in AWP. For change orders that require district level or higher approval, the RE will then send an email to the District Construction Engineer with a direct link to the change order, along with a link to any supporting documentation. If the change order requires division level approval, the RE should also copy the Construction Liaison Engineer. After approval has been completed at the district level, the DCE will forward the email on to the Construction Liaison Engineer if division level approval is required. The highest-level approver will reply to the RE confirming that the pdf is signed and the change order is approved in AWP. For PODI projects that are designated for change order review by FHWA, the highest-level approver will forward the email on to the appropriate FHWA Transportation Engineer and copy the RE. The FHWA Transportation Engineer will reply to all when approved.		Contractor disclaimers (i.e., notes, special terms, or conditions to signing) that are added to the returned change order by the contractor should not be allowed. If the contractor requests to add terms to the agreement, and those terms are deemed acceptable to MoDOT, the RE should revise the change order and add the terms to the explanation/description field. Likewise, the RE should not type additional contract terms or disclaimers on the change order form (outside of the proper field). However, non-contractual informational notes/comments can be added at the RE’s discretion (see previous paragraph for an example).

			Once the digitally signed change order is returned from the contractor, the RE shall upload it to eProjects, sign, and then approve in AWP. For change orders that require district level or higher approval, the RE will then send an email to the District Construction Engineer with a direct link to the change order, along with a link to any supporting documentation. If the change order requires division level approval, the RE should also copy the Construction Liaison Engineer. After approval has been completed at the district level, the DCE will forward the email on to the Construction Liaison Engineer if division level approval is required. The highest-level approver will reply to the RE confirming that the pdf is signed and the change order is approved in AWP. For PODI projects that are designated for change order review by FHWA, the highest-level approver will forward the email on to the appropriate FHWA Transportation Engineer and copy the RE. The FHWA Transportation Engineer will reply to all when approved.

	===109.12.3 Time Adjustment Change Orders===		===109.12.3 Time Adjustment Change Orders===

Hoskir at 20:40, 26 November 2024

2024-11-26T20:40:37Z

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	See [[:Category:403 Asphaltic Concrete Pavement\|EPG 403 Asphaltic Concrete Pavement]] for guidance on AC price index adjustments.		See [[:Category:403 Asphaltic Concrete Pavement\|EPG 403 Asphaltic Concrete Pavement]] for guidance on AC price index adjustments.

			[[Category:100 General]]

Hoskir: /* 109.12.1 Change Order Preparation */ removed C06 link per RR3958

2024-11-19T18:52:31Z

109.12.1 Change Order Preparation: removed C06 link per RR3958

← Older revision		Revision as of 13:52, 19 November 2024
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	::* [https://epg.modot.org/forms/CM/AWP_CO_4ChangeOrderValueEngineering.doc AWP CO 4 Change Order Value Engineering]		::* [https://epg.modot.org/forms/CM/AWP_CO_4ChangeOrderValueEngineering.doc AWP CO 4 Change Order Value Engineering]
	::* [https://epg.modot.org/forms/CM/AWP_CO_5ChangeOrderNoCostContractModification.doc AWP CO 5 Change Order, No Cost Contract Modification]		::* [https://epg.modot.org/forms/CM/AWP_CO_5ChangeOrderNoCostContractModification.doc AWP CO 5 Change Order, No Cost Contract Modification]
	~~::* [https://epg.modot.org/forms/CM/AWP_CO_6ChangeOrderMobilizationAndContractBond.doc AWP CO 6 Change Order, Mobilization and Contract Bond]~~
	::* [https://epg.modot.org/forms/CM/AWP_CO_7ChangeOrderApproval.doc AWP CO 7 Change Order Approval]		::* [https://epg.modot.org/forms/CM/AWP_CO_7ChangeOrderApproval.doc AWP CO 7 Change Order Approval]
	::* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Codes.doc AWP CO Change Order Codes]		::* [https://epg.modot.org/forms/CM/AWP_CO_Change_Order_Codes.doc AWP CO Change Order Codes]

Hoskir: /* 109.11 Compensation for Project Delays (for Sec 109.11) */

2024-11-19T18:49:38Z

109.11 Compensation for Project Delays (for Sec 109.11)

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	==109.11 Compensation for Project Delays (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.11])==		==109.11 Compensation for Project Delays (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.11])==

	Sec 109.11 designates the conditions for which compensation may be appropriate to cover the cost of a project delay. Review the specification and refer any questions to the ~~[http://sp/sites/cm/Pages/default.aspx~~ Construction and Materials] Division.		Sec 109.11 designates the conditions for which compensation may be appropriate to cover the cost of a project delay. Review the specification and refer any questions to the Construction and Materials Division.

	===109.11.1 Documentation of Delay Costs===		===109.11.1 Documentation of Delay Costs===

Hoskir: /* 109.10 Contract Assignment Process - Contract Reassignment to a New Contractor (for Sec 109.10) */

2024-11-19T18:47:50Z

109.10 Contract Assignment Process - Contract Reassignment to a New Contractor (for Sec 109.10)

← Older revision		Revision as of 13:47, 19 November 2024
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	==109.10 Contract Assignment Process - Contract Reassignment to a New Contractor (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.10])==		==109.10 Contract Assignment Process - Contract Reassignment to a New Contractor (for [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 109.10])==

	The Missouri Highway and Transportation Commission (MHTC) and MoDOT advertise construction projects, open bids and award several hundred contracts each year. Typically, the awarded contractor performs the work, with subcontractors, through completion and the contract is closed out. Sometimes contractors may be purchased by other contractors, may have taken on too much work, or decide for other reasons not to finish a contract they were awarded, and then wish to make an arrangement with another contractor to complete the project(s) under the same contract conditions. MoDOT has prepared for this slight possibility with a process for transferring the contract to a new prime contractor by reassigning the contract through an “Assignment Agreement”, subject to consent and approval by the MHTC. ~~[http://sp/sites/cc/Pages/default.aspx~~ Chief Counsel's Office] has created [[153.7 Construction and Materials\|template assignment agreements for the typical scenarios]]. ~~[http://sp/sites/cm/Pages/default.aspx~~ The Construction and Materials Division] is responsible for working with the contractors to process the assignment agreement allowing the new contractor to work on the project and collect payment from MoDOT.		The Missouri Highway and Transportation Commission (MHTC) and MoDOT advertise construction projects, open bids and award several hundred contracts each year. Typically, the awarded contractor performs the work, with subcontractors, through completion and the contract is closed out. Sometimes contractors may be purchased by other contractors, may have taken on too much work, or decide for other reasons not to finish a contract they were awarded, and then wish to make an arrangement with another contractor to complete the project(s) under the same contract conditions. MoDOT has prepared for this slight possibility with a process for transferring the contract to a new prime contractor by reassigning the contract through an “Assignment Agreement”, subject to consent and approval by the MHTC. Chief Counsel's Office has created [[153.7 Construction and Materials\|template assignment agreements for the typical scenarios]]. The Construction and Materials Division is responsible for working with the contractors to process the assignment agreement allowing the new contractor to work on the project and collect payment from MoDOT.

	Although the original contract remains in place, the assignment agreement assigns responsibilities for completing the contract to the new contractor. MoDOT does not pay any additional compensation to the contractor when agreeing to an assignment, nor does either contractor pay MoDOT any compensation for the transfer. The original contractor (assignor) and the new contractor (assignee) have their own agreement regarding this transaction which sometimes includes transferring other assets from one contractor to the other. MoDOT is only concerned with continuing surety protection while the work is still active and completing the contract on time and within budget. MoDOT and the MHTC could object to a transfer, but the likely outcome is a situation where the original prime contractor has been purchased, has no assets remaining and their surety would have to be engaged to complete the work. Therefore, consenting to the assignment is generally in the best interest of all involved parties and likely the best way to get work completed in these situations.		Although the original contract remains in place, the assignment agreement assigns responsibilities for completing the contract to the new contractor. MoDOT does not pay any additional compensation to the contractor when agreeing to an assignment, nor does either contractor pay MoDOT any compensation for the transfer. The original contractor (assignor) and the new contractor (assignee) have their own agreement regarding this transaction which sometimes includes transferring other assets from one contractor to the other. MoDOT is only concerned with continuing surety protection while the work is still active and completing the contract on time and within budget. MoDOT and the MHTC could object to a transfer, but the likely outcome is a situation where the original prime contractor has been purchased, has no assets remaining and their surety would have to be engaged to complete the work. Therefore, consenting to the assignment is generally in the best interest of all involved parties and likely the best way to get work completed in these situations.