LPA:136.11 Local Public Agency Construction - Revision history

Hoskir: /* 136.11.5 Subcontracts */ updated link to FHWA 1273

2026-10-27T15:05:39Z

136.11.5 Subcontracts: updated link to FHWA 1273

← Older revision		Revision as of 09:05, 27 October 2026
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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/CM/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/CM/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. [https://epg.modot.org/forms/general_files/DE/LPA/FHWA_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/CM/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/CM/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.

Hoskir: /* 136.11.2 Work by LPA Forces */ updated link to FHWA 1273

2026-10-27T15:04:45Z

136.11.2 Work by LPA Forces: updated link to FHWA 1273

← Older revision		Revision as of 09:04, 27 October 2026
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	==136.11.2 Work by LPA Forces==		==136.11.2 Work by LPA Forces==

	The LPA may elect, with MoDOT and FHWA approval, to perform work with its own forces (see [[136.3 Federal Aid Basics#136.3.12 Federal-aid Participation for Local Work\|EPG 136.3.12 Federal-aid Participation for Local Work]] for more information), if done so they will not need to comply with the labor records, postings, payroll checking, interviews, and Davis-Bacon minimum prevailing wages requirements. However, it will be necessary for the LPA to comply with the provisions of [~~http~~://~~www~~.~~fhwa~~.~~dot.gov~~/~~programadmin~~/~~contracts~~/~~1273~~/~~1273~~.pdf Form PR-1273], Required Federal-Aid Provisions - All Federal-Aid Construction Contracts, Section II - Equal Opportunity, and Section III - Non-segregated Facilities. These two sections essentially require that the local agency be an “Equal Opportunity Employer.” See [[136.3 Federal Aid Basics#136.3.15 Reimbursement and Auditing\|EPG 136.3.15 Reimbursement and Auditing]] for required records to support reimbursement for work performed by LPA forces.		The LPA may elect, with MoDOT and FHWA approval, to perform work with its own forces (see [[136.3 Federal Aid Basics#136.3.12 Federal-aid Participation for Local Work\|EPG 136.3.12 Federal-aid Participation for Local Work]] for more information), if done so they will not need to comply with the labor records, postings, payroll checking, interviews, and Davis-Bacon minimum prevailing wages requirements. However, it will be necessary for the LPA to comply with the provisions of [https://epg.modot.org/forms/general_files/DE/LPA/FHWA_1273.pdf Form PR-1273], Required Federal-Aid Provisions - All Federal-Aid Construction Contracts, Section II - Equal Opportunity, and Section III - Non-segregated Facilities. These two sections essentially require that the local agency be an “Equal Opportunity Employer.” See [[136.3 Federal Aid Basics#136.3.15 Reimbursement and Auditing\|EPG 136.3.15 Reimbursement and Auditing]] for required records to support reimbursement for work performed by LPA forces.

	==136.11.3 Notice to Proceed==		==136.11.3 Notice to Proceed==

Hoskir: updated links to request to subcontract

2026-10-06T14:44:56Z

updated links to request to subcontract

Hoskir: updated links

2026-09-11T19:56:12Z

updated links

← Older revision		Revision as of 13:56, 11 September 2026
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	==136.11.7 Equal Employment Opportunity Requirements==		==136.11.7 Equal Employment Opportunity 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 [https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-1 EEO requirements (41 CFR 60.1)] and [https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-2 (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, [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.		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.

Hoskir: updated links

2026-08-26T17:05:59Z

updated links

← Older revision		Revision as of 11:05, 26 August 2026
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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)]]
	* [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/general_files/DE/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)]]
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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 [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.		''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/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 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 09:58, 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 09:57, 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 12:46, 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 12:45, 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==

← Older revision		Revision as of 08:44, 6 October 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/LPA~~/Request_to_Subcontract_C_220.pdf Fig. 136.11.4, Request for Approval of Subcontract]		* [https://epg.modot.org/forms/CM/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/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/CM/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/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/CM/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/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://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf 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/CM/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)==

← Older revision		Revision as of 13:59, 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)==