LPA:136.11 Local Public Agency Construction - Revision history

Hoskir: updated link to Request to Subcontract C 220 (multiple locations) per RR4207

2026-04-16T19:59:53Z

updated link to Request to Subcontract C 220 (multiple locations) per RR4207

Hoskir: fixed a formatting error in link to fig 136.11.11

2026-01-05T15:58:03Z

fixed a formatting error in link to fig 136.11.11

← Older revision		Revision as of 10:58, 5 January 2026
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	* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]		* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]
	* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]		* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]
	* [https://labor.mo.gov/media/pdf/pw-4-ai Fig. 136.11.11, Affidavit (Compliance with Prevailing Wage Law)]]		* [https://labor.mo.gov/media/pdf/pw-4-ai Fig. 136.11.11, Affidavit (Compliance with Prevailing Wage Law)]
	* [[media:136.11.12.doc\|Fig. 136.11.12, Site Visit Checklist]]		* [[media:136.11.12.doc\|Fig. 136.11.12, Site Visit Checklist]]
	* [https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Fig. 136.11.13, Job Bulletin Board Checklist]		* [https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Fig. 136.11.13, Job Bulletin Board Checklist]

Hoskir: updated links to fig 136.11.11

2026-01-05T15:57:14Z

updated links to fig 136.11.11

← Older revision		Revision as of 10:57, 5 January 2026
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	* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]		* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]
	* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]		* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]
	* [~~[media~~:~~136~~.11.~~11.doc\|~~Fig. 136.11.11, Affidavit (Compliance with Prevailing Wage Law)]]		* [https://labor.mo.gov/media/pdf/pw-4-ai Fig. 136.11.11, Affidavit (Compliance with Prevailing Wage Law)]]
	* [[media:136.11.12.doc\|Fig. 136.11.12, Site Visit Checklist]]		* [[media:136.11.12.doc\|Fig. 136.11.12, Site Visit Checklist]]
	* [https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Fig. 136.11.13, Job Bulletin Board Checklist]		* [https://epg.modot.org/forms/CM/Job_Site_Bulletin_Board_Checklist_fillable.pdf Fig. 136.11.13, Job Bulletin Board Checklist]
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	:8. [[media:136.11.2.xlsx\|Final Change Order]] (if needed)		:8. [[media:136.11.2.xlsx\|Final Change Order]] (if needed)

	:9. [~~[media~~:~~136.11~~.11.~~doc\|~~Fig. 136.11.11 Affidavit (Compliance with Prevailing Wage Law)]] from the prime and subcontractors		:9. [https://labor.mo.gov/media/pdf/pw-4-ai Fig. 136.11.11 Affidavit (Compliance with Prevailing Wage Law)] from the prime and subcontractors

	These documents are to be received within 60 days of the Final Inspection date. Final Reimbursement will be processed once all close out documentation has been reviewed and accepted.		These documents are to be received within 60 days of the Final Inspection date. Final Reimbursement will be processed once all close out documentation has been reviewed and accepted.

Hoskir: updated link to form C-239 per RR4017

2025-03-05T18:46:50Z

updated link to form C-239 per RR4017

← Older revision		Revision as of 13:46, 5 March 2025
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	* [[media:136.11.22.docx\|Fig. 136.11.22, LPA Final Acceptance Checklist]]		* [[media:136.11.22.docx\|Fig. 136.11.22, LPA Final Acceptance Checklist]]
	* [[media:136.11.23 2016.pdf\|Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236 LPA)]]		* [[media:136.11.23 2016.pdf\|Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236 LPA)]]
	* [~~[media~~:~~Form C~~-239 ~~2016~~.pdf\|Fig. 136.11.24, LPA Final Acceptance Report (Form C-239 LPA)]]		* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Final_Acceptance_Report_Form_C-239.pdf Fig. 136.11.24, LPA Final Acceptance Report (Form C-239 LPA)]
	* [https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]		* [https://epg.modot.org/forms/CM/CUF_Determination_Form.pdf Commercially Useful Function (CUF) Determination Form]
	* [[Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST)\|Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling & Testing (FAST)]]		* [[Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST)\|Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling & Testing (FAST)]]

Hoskir: /* 136.11.19 Final Acceptance */ updated link to Form C-239 per RR4017

2025-03-05T18:45:43Z

136.11.19 Final Acceptance: updated link to Form C-239 per RR4017

← Older revision		Revision as of 13:45, 5 March 2025
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	After corrections <u>and</u> exceptions have been successfully completed, the LPA inspection party shall perform a ''final inspection'' and grant ''final acceptance''. The LPA takes over maintenance responsibility for the project from the contractor.		After corrections <u>and</u> exceptions have been successfully completed, the LPA inspection party shall perform a ''final inspection'' and grant ''final acceptance''. The LPA takes over maintenance responsibility for the project from the contractor.

	''Final acceptance'' by MoDOT occurs after the LPA has submitted all the applicable [[media:136.11.22.docx\| final documents]] (certifications) listed in EPG 136.11.20 Project Closeout Certifications. These documents are to be received within 60 days of the final inspection date. After review and acceptance of the documentation, MoDOT will issue a [~~[media~~:~~Form C~~-239 ~~2016~~.pdf\|final acceptance report (Form C-239 LPA)]] and process final reimbursement to the LPA.		''Final acceptance'' by MoDOT occurs after the LPA has submitted all the applicable [[media:136.11.22.docx\| final documents]] (certifications) listed in EPG 136.11.20 Project Closeout Certifications. These documents are to be received within 60 days of the final inspection date. After review and acceptance of the documentation, MoDOT will issue a [https://epg.modot.org/forms/general_files/DE/RW-LPA/Final_Acceptance_Report_Form_C-239.pdf final acceptance report (Form C-239 LPA)] and process final reimbursement to the LPA.

	==136.11.20 Project Closeout Certifications==		==136.11.20 Project Closeout Certifications==

Hoskir: updated links to FHWA Form 1391

2025-03-05T16:04:24Z

updated links to FHWA Form 1391

← Older revision		Revision as of 11:04, 5 March 2025
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	* [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action]]		* [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action]]
	* [https://epg.modot.org/forms/CM/CR1_Wage_Rate_Interview.pdf Fig. 136.11.7, Wage Rate Interview (Labor Compliance/EEO)]		* [https://epg.modot.org/forms/CM/CR1_Wage_Rate_Interview.pdf Fig. 136.11.7, Wage Rate Interview (Labor Compliance/EEO)]
	* [~~[media~~:~~136.11~~.8.~~doc\|~~Fig. 136.11.8, Form FHWA-1391]]		* [https://www.modot.org/media/43964 Fig. 136.11.8, Form FHWA-1391]
	* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]		* [[media:136.11.9 2016.docx\|Fig. 136.11.9, Contractor DBE Certification]]
	* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]		* [[media:136.11.10.doc\|Fig. 136.11.10, Contractor’s Affidavit Regarding Settlement of Claims]]
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	The [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.1&idno=41 EEO requirements (41 CFR 60.1)] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.2&idno=41 (41 CFR 60.2)] are contained in the contract. The local agency should be familiar with and enforce those requirements.		The [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.1&idno=41 EEO requirements (41 CFR 60.1)] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.2&idno=41 (41 CFR 60.2)] are contained in the contract. The local agency should be familiar with and enforce those requirements.

	The LPA shall furnish the name of the contractor or subcontractor whose contract or subcontract is $10,000.00 or more and must submit Federal-Aid Highway Construction Contractors Annual EEO Report, [~~[media~~:~~136.11~~.8.~~doc\|~~Fig. 136.11.8, Form FHWA-1391]], to the MoDOT Business Development and Compliance Division. Employment data should total correctly on this report.		The LPA shall furnish the name of the contractor or subcontractor whose contract or subcontract is $10,000.00 or more and must submit Federal-Aid Highway Construction Contractors Annual EEO Report, [https://www.modot.org/media/43964 Fig. 136.11.8, Form FHWA-1391], to the MoDOT Business Development and Compliance Division. Employment data should total correctly on this report.

	If a contractor or subcontractor has been active on a project but no work was performed during the above payroll report period, a “No Work Was Performed” report is to be submitted. If a project has not started, no report is required.		If a contractor or subcontractor has been active on a project but no work was performed during the above payroll report period, a “No Work Was Performed” report is to be submitted. If a project has not started, no report is required.
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	The frequency of the site visits will be at the discretion of the MoDOT district representative and the adequacy of the LPA’s administration. At least one visit and review at the beginning of the project and near the end of the project shall be conducted. If any deficiencies are sited or further assistance is required by the LPA more visits are warranted.		The frequency of the site visits will be at the discretion of the MoDOT district representative and the adequacy of the LPA’s administration. At least one visit and review at the beginning of the project and near the end of the project shall be conducted. If any deficiencies are sited or further assistance is required by the LPA more visits are warranted.






	[[Category:136 Local Public Agency (LPA) Policy\|136.11]]		[[Category:136 Local Public Agency (LPA) Policy\|136.11]]

Hoskir: updated links and formatting

2025-03-04T15:08:56Z

updated links and formatting

Show changes

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

2025-01-09T21:18:44Z

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

← Older revision		Revision as of 16:18, 9 January 2025
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	The [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.1&idno=41 EEO requirements (41 CFR 60.1)] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.2&idno=41 (41 CFR 60.2)] are contained in the contract. The local agency should be familiar with and enforce those requirements.		The [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.1&idno=41 EEO requirements (41 CFR 60.1)] and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3275bea9e2d87163209535159a10234d&rgn=div5&view=text&node=41:1.2.3.1.2&idno=41 (41 CFR 60.2)] are contained in the contract. The local agency should be familiar with and enforce those requirements.

	The LPA shall furnish the name of the contractor or subcontractor whose contract or subcontract is $10,000.00 or more and must submit Federal-Aid Highway Construction Contractors Annual EEO Report, [[media:136.11.8.doc\|Fig. 136.11.8, Form FHWA-1391]], to the MoDOT ~~External Civil Rights~~ Division. Employment data should total correctly on this report.		The LPA shall furnish the name of the contractor or subcontractor whose contract or subcontract is $10,000.00 or more and must submit Federal-Aid Highway Construction Contractors Annual EEO Report, [[media:136.11.8.doc\|Fig. 136.11.8, Form FHWA-1391]], to the MoDOT Business Development and Compliance Division. Employment data should total correctly on this report.

	If a contractor or subcontractor has been active on a project but no work was performed during the above payroll report period, a “No Work Was Performed” report is to be submitted. If a project has not started, no report is required.		If a contractor or subcontractor has been active on a project but no work was performed during the above payroll report period, a “No Work Was Performed” report is to be submitted. If a project has not started, no report is required.
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	==136.11.8 Disadvantaged Business Enterprise (DBE)==		==136.11.8 Disadvantaged Business Enterprise (DBE)==

	Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]]. DBE compliance consists of ensuring that the prime contractors utilize DBEs as indicated in their good faith effort. These vendors will be a combination of subcontractors working on the project, suppliers, brokers, and trucking companies. DBE vendors must be on the MoDOT-approved [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC] listing at the bid opening. After the contract is awarded, the contractors should provide a [https://www.modot.org/media/12323 Request to Subcontract Work form] for each subcontractor noting the DBE/non-DBE classification. If a subcontractor is added to the project, they need to be pre-approved by MoDOT prior to performing any work. The LPA should track the DBE progress throughout the project to ensure the goal is met. In calculating the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices. Sample forms ([https://epg.modot.org/forms/general_files/DE/RW-LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4] and [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]]) may be used for submitting subcontractor information and instructions for completing the form ([[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) are available. If there is a concern during the project, contact the [https://www.modot.org/welcome-external-civil-rights ~~External Civil Rights~~ Division]. The prime contractor and LPA should ensure that the DBE vendors used to achieve the goal are performing a Commercially Useful Function (CUF).		Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]]. DBE compliance consists of ensuring that the prime contractors utilize DBEs as indicated in their good faith effort. These vendors will be a combination of subcontractors working on the project, suppliers, brokers, and trucking companies. DBE vendors must be on the MoDOT-approved [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC] listing at the bid opening. After the contract is awarded, the contractors should provide a [https://www.modot.org/media/12323 Request to Subcontract Work form] for each subcontractor noting the DBE/non-DBE classification. If a subcontractor is added to the project, they need to be pre-approved by MoDOT prior to performing any work. The LPA should track the DBE progress throughout the project to ensure the goal is met. In calculating the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices. Sample forms ([https://epg.modot.org/forms/general_files/DE/RW-LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4] and [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]]) may be used for submitting subcontractor information and instructions for completing the form ([[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) are available. If there is a concern during the project, contact the [https://www.modot.org/welcome-external-civil-rights Business Development and Compliance Division]. The prime contractor and LPA should ensure that the DBE vendors used to achieve the goal are performing a Commercially Useful Function (CUF).

	==136.11.9 Commercially Useful Function (CUF)==		==136.11.9 Commercially Useful Function (CUF)==
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	==136.11.10 On-the-job Training (OJT)==		==136.11.10 On-the-job Training (OJT)==

	On-the-job Training (OJT) requirements are also covered in [[136.9 Plans, Specs and Estimates (PS & E)#136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230)\|EPG 136.9.4.1.1.16 On the Job Training]]. All training goals are established by the MoDOT ~~External Civil Rights~~ (BDC) Division prior to letting.		On-the-job Training (OJT) requirements are also covered in [[136.9 Plans, Specs and Estimates (PS & E)#136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230)\|EPG 136.9.4.1.1.16 On the Job Training]]. All training goals are established by the MoDOT Business Development and Compliance (BDC) Division prior to letting.

	Prior to the notice to proceed, the contractor shall submit the [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf Trainee Notification form] to the RC or delegated representative. They will then forward the notification to MoDOT BDC Division for approval of the proposed trainee(s). This process will be repeated if a trainee is added anytime during the project.		Prior to the notice to proceed, the contractor shall submit the [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf Trainee Notification form] to the RC or delegated representative. They will then forward the notification to MoDOT BDC Division for approval of the proposed trainee(s). This process will be repeated if a trainee is added anytime during the project.

Hoskir: Text replacement - "ECR" to "BDC"

2025-01-09T19:50:01Z

Text replacement - "ECR" to "BDC"

← Older revision		Revision as of 14:50, 9 January 2025
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	==136.11.10 On-the-job Training (OJT)==		==136.11.10 On-the-job Training (OJT)==

	On-the-job Training (OJT) requirements are also covered in [[136.9 Plans, Specs and Estimates (PS & E)#136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230)\|EPG 136.9.4.1.1.16 On the Job Training]]. All training goals are established by the MoDOT External Civil Rights (~~ECR~~) Division prior to letting.		On-the-job Training (OJT) requirements are also covered in [[136.9 Plans, Specs and Estimates (PS & E)#136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230)\|EPG 136.9.4.1.1.16 On the Job Training]]. All training goals are established by the MoDOT External Civil Rights (BDC) Division prior to letting.

	Prior to the notice to proceed, the contractor shall submit the [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf Trainee Notification form] to the RC or delegated representative. They will then forward the notification to MoDOT ~~ECR~~ Division for approval of the proposed trainee(s). This process will be repeated if a trainee is added anytime during the project.		Prior to the notice to proceed, the contractor shall submit the [https://epg.modot.org/forms/CM/OJT_1_Trainee_Notification.pdf Trainee Notification form] to the RC or delegated representative. They will then forward the notification to MoDOT BDC Division for approval of the proposed trainee(s). This process will be repeated if a trainee is added anytime during the project.

	In addition to the trainee notification form, the contractor must submit [https://epg.modot.org/forms/CM/OJT_2_Contractor_Monthly_Trainee_Report.pdf monthly trainee reports] throughout the course of the training and the [https://epg.modot.org/forms/CM/OJT_3_Training_Completion.pdf trainee completion form]. The final trainee summary shall be completed at the end of the project or when the trainee goal on the project has been achieved. These forms shall also be submitted to the RC or delegated representative. The LPA will then forward the notification to MoDOT ~~ECR~~ Division for approval. The monthly trainee reports will be verified by the RC or delegated representative against the certified payroll for accuracy and then forwarded to MoDOT ~~ECR~~ Division.		In addition to the trainee notification form, the contractor must submit [https://epg.modot.org/forms/CM/OJT_2_Contractor_Monthly_Trainee_Report.pdf monthly trainee reports] throughout the course of the training and the [https://epg.modot.org/forms/CM/OJT_3_Training_Completion.pdf trainee completion form]. The final trainee summary shall be completed at the end of the project or when the trainee goal on the project has been achieved. These forms shall also be submitted to the RC or delegated representative. The LPA will then forward the notification to MoDOT BDC Division for approval. The monthly trainee reports will be verified by the RC or delegated representative against the certified payroll for accuracy and then forwarded to MoDOT BDC Division.

	For further information and guidance about the OJT program and the submittal forms, you may access [https://www.modot.org/job-trainingcontract-compliance the ~~ECR~~ website] or call (573) 751-2978.		For further information and guidance about the OJT program and the submittal forms, you may access [https://www.modot.org/job-trainingcontract-compliance the BDC website] or call (573) 751-2978.

	==136.11.11 Value Engineering Change Proposals==		==136.11.11 Value Engineering Change Proposals==

Hoskir: /* 136.11.16 Dispute and Claim Resolution */

2024-12-02T18:37:01Z

136.11.16 Dispute and Claim Resolution

← Older revision		Revision as of 13:37, 2 December 2024
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	Development of an Issue Resolution Process – The key players should design their own systems for resolving issues on the project. Specific teams composed of personnel from the various stakeholders, who are knowledgeable about their particular technical portions of the contract, discuss potential problems and the way they would like to see them handled. They decide how issues that are not resolved at their level will be escalated to the next level in a timely fashion so that the decision-making process becomes more efficient and costly delays are avoided.		Development of an Issue Resolution Process – The key players should design their own systems for resolving issues on the project. Specific teams composed of personnel from the various stakeholders, who are knowledgeable about their particular technical portions of the contract, discuss potential problems and the way they would like to see them handled. They decide how issues that are not resolved at their level will be escalated to the next level in a timely fashion so that the decision-making process becomes more efficient and costly delays are avoided.

	~~The [http://www.modot.mo.gov/business/materials/Project%20Conflict%20Resolution%20Flowchart.pdf MoDOT Conflict Resolution Flowchart] is available.~~

	Contractor Claims – In the event of a claim, contact your MoDOT representative. If federal-aid participation is desired in a contract claim payment, early and often coordination is necessary between FHWA, MoDOT and the LPA.		Contractor Claims – In the event of a claim, contact your MoDOT representative. If federal-aid participation is desired in a contract claim payment, early and often coordination is necessary between FHWA, MoDOT and the LPA.

← Older revision		Revision as of 14:59, 16 April 2026
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	* [[media:136.11.2.xlsx\|Fig. 136.11.2, Change Order Form]]		* [[media:136.11.2.xlsx\|Fig. 136.11.2, Change Order Form]]
	* [[media:136.11.3 2016.pdf\|Fig. 136.11.3, Progress Report]]		* [[media:136.11.3 2016.pdf\|Fig. 136.11.3, Progress Report]]
	* [https://epg.modot.org/forms/general_files/DE/~~RW-~~LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4, Request for Approval of Subcontract]		* [https://epg.modot.org/forms/general_files/DE/LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4, Request for Approval of Subcontract]
	* [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5, DBE Subcontract Worksheet]]		* [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5, DBE Subcontract Worksheet]]
	* [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action]]		* [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action]]
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	Federal-aid contracts require that no less than 30% of the contract work shall be performed by the prime contractor’s own forces and equipment. All contracts shall further hold to the right of approval of any subcontracts prior to performance of subcontract work. The local agency is responsible for assuring the proposed subcontractors are both qualified to perform the proposed items of work and legally bound to comply with all the requirements of the contract as they would apply to the prime contractor, for example, wage rates, equal employment opportunity regulations, submittal of payrolls, etc.		Federal-aid contracts require that no less than 30% of the contract work shall be performed by the prime contractor’s own forces and equipment. All contracts shall further hold to the right of approval of any subcontracts prior to performance of subcontract work. The local agency is responsible for assuring the proposed subcontractors are both qualified to perform the proposed items of work and legally bound to comply with all the requirements of the contract as they would apply to the prime contractor, for example, wage rates, equal employment opportunity regulations, submittal of payrolls, etc.

	The LPA shall furnish the MoDOT representative the name and address of each subcontractor, the percentage of work sublet to that particular subcontractor, the percentages awarded to DBEs, and the total percentage of work sublet to date. DBEs must be on the MoDOT-approved listing at the time of letting. Subcontract approval forms ([https://epg.modot.org/forms/general_files/DE/~~RW-~~LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4], [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]] and [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) must be used for submitting subcontractor information. [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf 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.		The LPA shall furnish the MoDOT representative the name and address of each subcontractor, the percentage of work sublet to that particular subcontractor, the percentages awarded to DBEs, and the total percentage of work sublet to date. DBEs must be on the MoDOT-approved listing at the time of letting. Subcontract approval forms ([https://epg.modot.org/forms/general_files/DE/LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4], [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]] and [[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) must be used for submitting subcontractor information. [http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf 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.

	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 [https://epg.modot.org/forms/general_files/DE/~~RW-~~LPA/Request_to_Subcontract_C_220.pdf Fig.136.11.4], Request for Approval of Subcontract, 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.		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 [https://epg.modot.org/forms/general_files/DE/LPA/Request_to_Subcontract_C_220.pdf Fig.136.11.4], Request for Approval of Subcontract, 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 Request for Approval of Subcontract 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 Request for Approval of Subcontract 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.		The Request for Approval of Subcontract 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 Request for Approval of Subcontract 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.
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	==136.11.8 Disadvantaged Business Enterprise (DBE)==		==136.11.8 Disadvantaged Business Enterprise (DBE)==

	Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]]. DBE compliance consists of ensuring that the prime contractors utilize DBEs as indicated in their good faith effort. These vendors will be a combination of subcontractors working on the project, suppliers, brokers, and trucking companies. DBE vendors must be on the MoDOT-approved [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC] listing at the bid opening. After the contract is awarded, the contractors should provide a [https://www.modot.org/media/12323 Request to Subcontract Work form] for each subcontractor noting the DBE/non-DBE classification. If a subcontractor is added to the project, they need to be pre-approved by MoDOT prior to performing any work. The LPA should track the DBE progress throughout the project to ensure the goal is met. In calculating the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices. Sample forms ([https://epg.modot.org/forms/general_files/DE/~~RW-~~LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4] and [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]]) may be used for submitting subcontractor information and instructions for completing the form ([[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) are available. If there is a concern during the project, contact the [https://www.modot.org/welcome-external-civil-rights Business Development and Compliance Division]. The prime contractor and LPA should ensure that the DBE vendors used to achieve the goal are performing a Commercially Useful Function (CUF).		Disadvantaged Business Enterprise (DBE) requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]]. DBE compliance consists of ensuring that the prime contractors utilize DBEs as indicated in their good faith effort. These vendors will be a combination of subcontractors working on the project, suppliers, brokers, and trucking companies. DBE vendors must be on the MoDOT-approved [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC] listing at the bid opening. After the contract is awarded, the contractors should provide a [https://www.modot.org/media/12323 Request to Subcontract Work form] for each subcontractor noting the DBE/non-DBE classification. If a subcontractor is added to the project, they need to be pre-approved by MoDOT prior to performing any work. The LPA should track the DBE progress throughout the project to ensure the goal is met. In calculating the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices. Sample forms ([https://epg.modot.org/forms/general_files/DE/LPA/Request_to_Subcontract_C_220.pdf Fig. 136.11.4] and [[media:136.11.5 Dec 2015.xls\|Fig. 136.11.5]]) may be used for submitting subcontractor information and instructions for completing the form ([[media:136.11.6 Dec 2015.pdf\|Fig. 136.11.6]]) are available. If there is a concern during the project, contact the [https://www.modot.org/welcome-external-civil-rights Business Development and Compliance Division]. The prime contractor and LPA should ensure that the DBE vendors used to achieve the goal are performing a Commercially Useful Function (CUF).

	==136.11.9 Commercially Useful Function (CUF)==		==136.11.9 Commercially Useful Function (CUF)==