LPA:136.4 Consultant Selection and Consultant Contract Management - Revision history

Hoskir: /* 136.4.1.6 Conflict of Interest */ updated per email

2026-01-30T21:43:42Z

136.4.1.6 Conflict of Interest: updated per email

← Older revision		Revision as of 16:43, 30 January 2026
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	Below are some potential conflict of interest concerns items to consider while working on LPA projects:		Below are some potential conflict of interest concerns items to consider while working on LPA projects:
	* A consultant under contract with the LPA to serve as the Local/City/County Engineer to provide oversight of engineering functions or providing oversight of the work of engineering consultants procured by the LPA will not be allowed to perform engineering work for the LPA for which they are the Local/City/County Engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services. ~~Per [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.6.1.1_Development_of_Preliminary_Project_Documents\|EPG 136.4.1.6.1.1 Development of Preliminary Project Documents]], a~~ consultant can complete a funding application and also compete for consultant work for the same project as long as the consultant is paid for completing the application with non-federal funds.		* A consultant under contract with the LPA to serve as the Local/City/County Engineer to provide oversight of engineering functions or providing oversight of the work of engineering consultants procured by the LPA will not be allowed to perform engineering work for the LPA for which they are the Local/City/County Engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services.
			* A consultant can complete a funding application and also compete for consultant work for the same project as long as the consultant is paid for completing the application with non-federal funds.
	* If a consultant completes a funding application, they should not develop the Independent Cost Estimate (an estimate of preliminary engineering design costs, more information on this can be found in [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.2_Step_1_–_Scope_of_Services\|EPG 136.4.2.2]]) for the same project if they intend to compete for the design and construction engineering work. If the same consultant is used, the Independent Cost Estimate is no longer “independent.”		* If a consultant completes a funding application, they should not develop the Independent Cost Estimate (an estimate of preliminary engineering design costs, more information on this can be found in [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.2_Step_1_–_Scope_of_Services\|EPG 136.4.2.2]]) for the same project if they intend to compete for the design and construction engineering work. If the same consultant is used, the Independent Cost Estimate is no longer “independent.”
	* If an LPA has a Local/City/County Engineer on staff and an on-call consultant list, there is a reduced concern of the consultant acting as the Local/City/County Engineer. The LPA may select a consultant off their on-call list, but as with any other LPA consultant selection, the [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2_Solicitation_&_Selection_Process\|EPG 136.4.2 Consultant Selection process]] must still be followed.		* If an LPA has a Local/City/County Engineer on staff and an on-call consultant list, there is a reduced concern of the consultant acting as the Local/City/County Engineer. The LPA may select a consultant off their on-call list, but as with any other LPA consultant selection, the [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2_Solicitation_&_Selection_Process\|EPG 136.4.2 Consultant Selection process]] must still be followed.

Hoskir: /* 136.4.1.6 Conflict of Interest */ updated Spelled ICE out

2026-01-22T17:55:00Z

136.4.1.6 Conflict of Interest: updated Spelled ICE out

← Older revision		Revision as of 12:55, 22 January 2026
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	Below are some potential conflict of interest concerns items to consider while working on LPA projects:		Below are some potential conflict of interest concerns items to consider while working on LPA projects:
	* A consultant under contract with the LPA to serve as the Local/City/County Engineer to provide oversight of engineering functions or providing oversight of the work of engineering consultants procured by the LPA will not be allowed to perform engineering work for the LPA for which they are the Local/City/County Engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services. Per [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.6.1.1_Development_of_Preliminary_Project_Documents\|EPG 136.4.1.6.1.1 Development of Preliminary Project Documents]], a consultant can complete a funding application and also compete for consultant work for the same project as long as the consultant is paid for completing the application with non-federal funds.		* A consultant under contract with the LPA to serve as the Local/City/County Engineer to provide oversight of engineering functions or providing oversight of the work of engineering consultants procured by the LPA will not be allowed to perform engineering work for the LPA for which they are the Local/City/County Engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services. Per [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.6.1.1_Development_of_Preliminary_Project_Documents\|EPG 136.4.1.6.1.1 Development of Preliminary Project Documents]], a consultant can complete a funding application and also compete for consultant work for the same project as long as the consultant is paid for completing the application with non-federal funds.
	* If a consultant completes a funding application, they should not develop the Independent Cost Estimate (an estimate of preliminary engineering design costs, more information on this can be found in [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.2_Step_1_–_Scope_of_Services\|EPG 136.4.2.2]]) for the same project if they intend to compete for the design and construction engineering work. If the same consultant is used, the ~~ICE~~ is no longer “independent.”		* If a consultant completes a funding application, they should not develop the Independent Cost Estimate (an estimate of preliminary engineering design costs, more information on this can be found in [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.2_Step_1_–_Scope_of_Services\|EPG 136.4.2.2]]) for the same project if they intend to compete for the design and construction engineering work. If the same consultant is used, the Independent Cost Estimate is no longer “independent.”
	* If an LPA has a Local/City/County Engineer on staff and an on-call consultant list, there is a reduced concern of the consultant acting as the Local/City/County Engineer. The LPA may select a consultant off their on-call list, but as with any other LPA consultant selection, the [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2_Solicitation_&_Selection_Process\|EPG 136.4.2 Consultant Selection process]] must still be followed.		* If an LPA has a Local/City/County Engineer on staff and an on-call consultant list, there is a reduced concern of the consultant acting as the Local/City/County Engineer. The LPA may select a consultant off their on-call list, but as with any other LPA consultant selection, the [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2_Solicitation_&_Selection_Process\|EPG 136.4.2 Consultant Selection process]] must still be followed.

Hoskir: /* 136.4.1.6 Conflict of Interest */ Attachment G should have been attachment F

2026-01-15T13:59:50Z

136.4.1.6 Conflict of Interest: Attachment G should have been attachment F

← Older revision		Revision as of 08:59, 15 January 2026
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	===136.4.1.6 Conflict of Interest===		===136.4.1.6 Conflict of Interest===
	A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig 136.4.1]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|EPG 134.1.4]].		A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment F of the engineering services contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig 136.4.1]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|EPG 134.1.4]].

	Below are some potential conflict of interest concerns items to consider while working on LPA projects:		Below are some potential conflict of interest concerns items to consider while working on LPA projects:

Hoskir: /* 136.4.1.6 Conflict of Interest */ updated per RR4153

2026-01-13T20:48:09Z

136.4.1.6 Conflict of Interest: updated per RR4153

← Older revision		Revision as of 15:48, 13 January 2026
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	===136.4.1.6 Conflict of Interest===		===136.4.1.6 Conflict of Interest===
	A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig 136.4.1]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|134.1.4]].		A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig 136.4.1]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|EPG 134.1.4]].

	A ~~consulting engineering firm~~ under contract to serve as the ~~city engineer~~ to provide oversight of engineering functions ~~and~~ the work of engineering consultants procured by the ~~city~~ will not be allowed to perform engineering work for the ~~city~~ for which they are ~~city engineer~~. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services.		Below are some potential conflict of interest concerns items to consider while working on LPA projects:
			* A consultant under contract with the LPA to serve as the Local/City/County Engineer to provide oversight of engineering functions or providing oversight of the work of engineering consultants procured by the LPA will not be allowed to perform engineering work for the LPA for which they are the Local/City/County Engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services. Per [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.1.6.1.1_Development_of_Preliminary_Project_Documents\|EPG 136.4.1.6.1.1 Development of Preliminary Project Documents]], a consultant can complete a funding application and also compete for consultant work for the same project as long as the consultant is paid for completing the application with non-federal funds.
			* If a consultant completes a funding application, they should not develop the Independent Cost Estimate (an estimate of preliminary engineering design costs, more information on this can be found in [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2.2_Step_1_–_Scope_of_Services\|EPG 136.4.2.2]]) for the same project if they intend to compete for the design and construction engineering work. If the same consultant is used, the ICE is no longer “independent.”
			* If an LPA has a Local/City/County Engineer on staff and an on-call consultant list, there is a reduced concern of the consultant acting as the Local/City/County Engineer. The LPA may select a consultant off their on-call list, but as with any other LPA consultant selection, the [[:LPA:136.4_Consultant_Selection_and_Consultant_Contract_Management#136.4.2_Solicitation_&_Selection_Process\|EPG 136.4.2 Consultant Selection process]] must still be followed.

	~~====136.4.1.6.1 Using Consultants for Preliminary Project Documents====~~		These recommendations do not cover all potential conflicts of interest which consultants must consider while completing MoDOT LPA projects.
	~~There are situations when~~ conflicts of interest ~~commonly arise during~~ LPA projects.

	~~=====136~~.4.1.6.~~1.1 Development~~ of ~~Preliminary Project Documents=====~~		Should a potential conflict of interest arise during the consultant selection process, it should be reported to MoDOT Central Office LPA staff. MoDOT will then review the situation, including all necessary documentation requested by MoDOT from consultant and LPA, to make a determination if a potential conflict of interest is present. Coordination/communication between MoDOT, the consultant, and the LPA will occur throughout the review process. If there is a conflict of interest found, the consultant or LPA may choose to not proceed with entry into an engineering services contract to avoid the conflict thus ending the review. If the consultant chooses to enter into the engineering services contract during the investigation or despite a finding of a conflict of interest, MoDOT may notify the Missouri Board For Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects (Board for APEPLSPLA) so they may investigate and take appropriate actions. If there is no conflict of interest found, involved parties will be notified that they may proceed with executing the engineering services contract.
	~~Preliminary project documents~~ may ~~include~~, ~~but are not limited to~~, ~~grant~~ and ~~TIP applications~~, ~~projects scopes, filling out~~ the ~~programming data form and project estimates~~.

	If ~~the LPA needs professional consulting services to develop preliminary project documents, the LPA must execute~~ an engineering services ~~contract. The contract must be at fair market value, and the cost of selecting and negotiating a consultant~~ contract is ~~not eligible for federal funding.~~		If a potential conflict of interest is discovered after an engineering services contract is executed, it will be investigated in the same manner as potential conflict of interest prior to selection and MoDOT may notify the Missouri Board of APEPLSPLA.

	A consultant providing preliminary project deliverables must complete all preliminary activities and receive payment in full from the LPA in order to be eligible to bid on PE or CE services for the project. If the consultant provides preliminary project documents as an in-house consultant or engineer on retainer, ~~all invoices for these services must be paid in full to~~ be ~~to be considered for a PE or CE contract~~

	~~The LPA must include all consultant developed preliminary project documents in the Request for Qualifications (RFQ). <u>If a consultant develops the RFQ or participates~~ in ~~the consultant selection process, regardless of payment, that firm will not be eligible for the next phase of the project.</u>~~

	~~=====136.4.1.6.1.2 Contracts with LPAs and Contractors=====~~
	~~A consultant cannot work for both the LPA and the contractor on~~ the same ~~project as this is seen~~ as a conflict of interest~~. However, the consultant can provide surveying~~ and ~~staking on~~ the ~~project for the contractor but it is limited to that task alone~~.

	===136.4.1.7 Suspension/Debarment===		===136.4.1.7 Suspension/Debarment===

Hoskir: /* 136.4.1.5 Consultant Qualification */ updated link to Uniform Audit and Accounting guide

2025-06-23T13:20:01Z

136.4.1.5 Consultant Qualification: updated link to Uniform Audit and Accounting guide

← Older revision		Revision as of 08:20, 23 June 2025
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	::* A [http://www.modot.org/business/lpa/cert_train.htm list of available training courses can be found on the LPA website under Training]. For more information, refer to [[136.2 Certification and Training\|EPG 136.2 Certification and Training]].		::* A [http://www.modot.org/business/lpa/cert_train.htm list of available training courses can be found on the LPA website under Training]. For more information, refer to [[136.2 Certification and Training\|EPG 136.2 Certification and Training]].

	The prequalification process complies with AASHTO guidelines published in the [https://transportation.org/audit/~~wp-content~~/~~uploads/sites/9/2024/05/UAAG~~-3-~~FINAL.pdf~~ ''Uniform Audit & Accounting Guide, ~~2012~~ Edition'']. This prequalification process ensures that projects are in compliance with state and federal regulations.		The prequalification process complies with AASHTO guidelines published in the [https://transportation.org/audit/resources/eap-subcommittee-resources/ ''Uniform Audit & Accounting Guide, 2024 Edition'']. This prequalification process ensures that projects are in compliance with state and federal regulations.

	The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#136.4.2.7.3 Subconsultants\|EPG 136.4.2.7.3 Subconsultants]].		The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#136.4.2.7.3 Subconsultants\|EPG 136.4.2.7.3 Subconsultants]].

Hoskir: removed outdated document

2025-06-12T15:16:30Z

removed outdated document

← Older revision		Revision as of 10:16, 12 June 2025
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	====136.4.1.3.2 Preliminary Engineering Activities by Local Forces====		====136.4.1.3.2 Preliminary Engineering Activities by Local Forces====
	PE activities can be performed in-house by LPA staff. Please see [[136.3 Federal Aid Basics#136.3.12.3 Federal-aid Participation for In-House Services\|EPG 136.3.12.3 Federal-aid Participation for In-House Services]] for more details. If the LPA is not requesting reimbursement for the in-house design services, they still must have the plans signed and sealed by a registered professional engineer in the state of Missouri. Keep in mind, however, if the design includes any right of way, temporary easements included, then the LPA must still follow the Uniform Act. Even if no federal dollars are utilized for PE or for right of way, the LPA must still follow the Uniform Act because federal dollars are utilized on at least one phase of the project. For more right of way information see [[136.8 Local Public Agency Land Acquisition\|EPG 136.8 Local Public Agency Land Acquisition]].		PE activities can be performed in-house by LPA staff. Please see [[136.3 Federal Aid Basics#136.3.12.3 Federal-aid Participation for In-House Services\|EPG 136.3.12.3 Federal-aid Participation for In-House Services]] for more details. If the LPA is not requesting reimbursement for the in-house design services, they still must have the plans signed and sealed by a registered professional engineer in the state of Missouri. Keep in mind, however, if the design includes any right of way, temporary easements included, then the LPA must still follow the Uniform Act. Even if no federal dollars are utilized for PE or for right of way, the LPA must still follow the Uniform Act because federal dollars are utilized on at least one phase of the project. For more right of way information see [[136.8 Local Public Agency Land Acquisition\|EPG 136.8 Local Public Agency Land Acquisition]].
	~~{\|style="padding: 0.3em; margin-left:1px; border:2px solid #a9a9a9; text-align:left; font-size: 95%; background:#f5f5f5" width="360px" align="right"~~
	\|-
	~~\|<center>'''Additional Information'''</center>~~
	\|-
	~~\|<center>[[media:136.4.1.ppt\|Construction Inspection]]</center>~~
	\|}

	====136.4.1.3.3 Construction Engineering/Construction Inspection (CE)====		====136.4.1.3.3 Construction Engineering/Construction Inspection (CE)====

Hoskir: updated formatting in forms section

2025-06-02T12:51:45Z

updated formatting in forms section

← Older revision		Revision as of 07:51, 2 June 2025
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	<div style="float: right; margin-top: 5px; margin-left: 5px; width:375px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-top: 5px; margin-left: 5px; width:375px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Figures</center></u>'''		'''<u><center>Figures</center></u>'''
	* [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx 136.4.1]		* [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1, Engineering Services Contract]
	* [[media:Fig._136.4.2_2022.doc\|Fig. 136.4.2, Consultant Selection Criteria]]		* [[media:Fig._136.4.2_2022.doc\|Fig. 136.4.2, Consultant Selection Criteria]]
	* [[media:134.3.2 2021.pdf\|Fig. 136.4.3/134.3.2, Allowable Profit Curve as a % of Direct Salary Costs]]		* [[media:134.3.2 2021.pdf\|Fig. 136.4.3/134.3.2, Allowable Profit Curve as a % of Direct Salary Costs]]

Hoskir: updated links to new Engineering Services Contract Fig 136.4.1 per RR4064

2025-05-30T17:26:29Z

updated links to new Engineering Services Contract Fig 136.4.1 per RR4064

Hoskir: /* 136.4.2.7.2 Basis of Payment */ updated broken links to mileage and per-deim rates

2025-05-29T20:47:49Z

136.4.2.7.2 Basis of Payment: updated broken links to mileage and per-deim rates

← Older revision		Revision as of 15:47, 29 May 2025
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	Mileage, subsistence and lodging must follow federal travel regulation guidelines.		Mileage, subsistence and lodging must follow federal travel regulation guidelines.
	:* [~~http~~://www.gsa.gov/~~portal~~/~~content~~/~~100715 Current POV~~ Mileage Reimbursable Rates]		:* [https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement?topnav=travel Mileage Reimbursable Rates]
	:* [~~http~~://www.gsa.gov/~~portal~~/~~category~~/~~100120~~ Current Per Diem Rates for Missouri]		:* [https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025&state=MO&city=&zip= Current Per Diem Rates for Missouri]

	====136.4.2.7.3 Subconsultants====		====136.4.2.7.3 Subconsultants====

Hoskir: updated link to UAAG Guide

2025-04-01T14:42:53Z

updated link to UAAG Guide

← Older revision		Revision as of 09:42, 1 April 2025
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	::* A [http://www.modot.org/business/lpa/cert_train.htm list of available training courses can be found on the LPA website under Training]. For more information, refer to [[136.2 Certification and Training\|EPG 136.2 Certification and Training]].		::* A [http://www.modot.org/business/lpa/cert_train.htm list of available training courses can be found on the LPA website under Training]. For more information, refer to [[136.2 Certification and Training\|EPG 136.2 Certification and Training]].

	The prequalification process complies with AASHTO guidelines published in the [~~http~~://~~audit.~~transportation.org/~~Documents~~/UAAG-3~~%20FINAL~~.pdf ''Uniform Audit & Accounting Guide, 2012 Edition'']. This prequalification process ensures that projects are in compliance with state and federal regulations.		The prequalification process complies with AASHTO guidelines published in the [https://transportation.org/audit/wp-content/uploads/sites/9/2024/05/UAAG-3-FINAL.pdf ''Uniform Audit & Accounting Guide, 2012 Edition'']. This prequalification process ensures that projects are in compliance with state and federal regulations.

	The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#136.4.2.7.3 Subconsultants\|EPG 136.4.2.7.3 Subconsultants]].		The prequalification is only required for prime consultants. Subconsultants are strongly encouraged to become prequalified in order to reduce repetitive paperwork for future projects. For more information on subconsultant requirements see [[#136.4.2.7.3 Subconsultants\|EPG 136.4.2.7.3 Subconsultants]].

← Older revision		Revision as of 12:26, 30 May 2025
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	<div style="float: right; margin-top: 5px; margin-left: 5px; width:375px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-top: 5px; margin-left: 5px; width:375px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Figures</center></u>'''		'''<u><center>Figures</center></u>'''
	* [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx~~\|Fig.~~ 136.4.1~~, Engineering Services Contract ]~~]		* [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx 136.4.1]
	* [[media:Fig._136.4.2_2022.doc\|Fig. 136.4.2, Consultant Selection Criteria]]		* [[media:Fig._136.4.2_2022.doc\|Fig. 136.4.2, Consultant Selection Criteria]]
	* [[media:134.3.2 2021.pdf\|Fig. 136.4.3/134.3.2, Allowable Profit Curve as a % of Direct Salary Costs]]		* [[media:134.3.2 2021.pdf\|Fig. 136.4.3/134.3.2, Allowable Profit Curve as a % of Direct Salary Costs]]
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	===136.4.1.6 Conflict of Interest===		===136.4.1.6 Conflict of Interest===
	A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig 136.4.1]]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|134.1.4]].		A conflict of interest occurs when a consultant has a financial or personal interest in a federally funded project. To avoid a potential conflict of interest, see [https://www.ecfr.gov/cgi-bin/text-idx?SID=004674eb2f1f808c87da0c3713c3662e&mc=true&node=se23.1.1_133&rgn=div8 23 CFR 1.33] for the Federal Law governing Conflict of Interest. To certify that no conflict of interest has taken place on any given project, the LPA and consultant must fill out Attachment G of the engineering services contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig 136.4.1]). If the LPA and consultant choose not to use the standard template engineering services contract found in Fig 136.4.1 the consultant and LPA must fill out the [[media:136.4.15 2014.doc\|Conflict of Interest Disclosure Form (Fig 136.4.15)]] and submit it to MoDOT along with the executed engineering services contract for each project. For additional information, refer to [[:Category:134_Engineering_Professional_Services#134.1.4_Conflict_of_Interest\|134.1.4]].

	A consulting engineering firm under contract to serve as the city engineer to provide oversight of engineering functions and the work of engineering consultants procured by the city will not be allowed to perform engineering work for the city for which they are city engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services.		A consulting engineering firm under contract to serve as the city engineer to provide oversight of engineering functions and the work of engineering consultants procured by the city will not be allowed to perform engineering work for the city for which they are city engineer. A potential conflict of interest would arise if the consulting firm were awarded the project-related design services.
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	====136.4.2.7.2 Basis of Payment====		====136.4.2.7.2 Basis of Payment====
	The Engineering Services Contract in the [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1]] is an actual cost contract. This means that all cost estimates must be based on actual wages and overhead. Federal regulations ([https://www.acquisition.gov/content/16102-policies FAR Part 16.102]) prohibit the use of cost plus a percentage of cost or percentage of construction costs as a method of compensation. The following methods maybe used as the basis of payment in a contract:		The Engineering Services Contract in the [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1] is an actual cost contract. This means that all cost estimates must be based on actual wages and overhead. Federal regulations ([https://www.acquisition.gov/content/16102-policies FAR Part 16.102]) prohibit the use of cost plus a percentage of cost or percentage of construction costs as a method of compensation. The following methods maybe used as the basis of payment in a contract:

	:* Actual Cost Plus Fixed Fee		:* Actual Cost Plus Fixed Fee
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	Each subconsultant must be identified in the contract. Subconsultant expenses should be calculated based upon actual costs. Prompt payment of subconsultants is required per [https://www.acquisition.gov/content/subpart-329-prompt-payment FAR Subpart 32.9].		Each subconsultant must be identified in the contract. Subconsultant expenses should be calculated based upon actual costs. Prompt payment of subconsultants is required per [https://www.acquisition.gov/content/subpart-329-prompt-payment FAR Subpart 32.9].

	Retainage is not allowed as a routine part of the contract i.e. blanket retainage is prohibited. Payment may be withheld on any particular work item that has not been completed in accordance with the contract. This can include work incidental to the work item, and required documentation directly related to the work.		Retainage is not allowed as a routine part of the contract i.e. blanket retainage is prohibited. Payment may be withheld on any particular work item that has not been completed in accordance with the contract. This can include work incidental to the work item, and required documentation directly related to the work.

	Direct costs must be estimated using current Privately Owned Vehicle (POV) mileage reimbursement rates and per diem rates for Missouri. These rates can be found on the following web pages.		Direct costs must be estimated using current Privately Owned Vehicle (POV) mileage reimbursement rates and per diem rates for Missouri. These rates can be found on the following web pages.
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	=====136.4.2.7.3.1 Subconsultant cost exceeding $25,000=====		=====136.4.2.7.3.1 Subconsultant cost exceeding $25,000=====
	If the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include Attachments B and C of [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1]], a detailed estimate of cost and a detailed overhead rate schedule. If the subconsultant is prequalified, the overhead rate listed must be the current overhead rate accepted by MoDOT through the annual financial prequalification process. In this case, a detailed overhead schedule would not be required.		If the consultant is using a subconsultant with a cost exceeding $25,000, then the subconsultant shall include Attachments B and C of [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1], a detailed estimate of cost and a detailed overhead rate schedule. If the subconsultant is prequalified, the overhead rate listed must be the current overhead rate accepted by MoDOT through the annual financial prequalification process. In this case, a detailed overhead schedule would not be required.

	If the subconsultant is not prequalified with MoDOT, then the firm shall also include their [[media:134.3.5.1 Form.pdf\|Consultant Certification of Indirect Cost Form]]. Each subconsultant in this category must show its overhead in the required format. [[media:136.4.16.pdf\|Fig. 136.4.16]] provides an example Overhead Schedule. The detailed overhead schedule should be reviewed for possible unallowable costs per [https://www.acquisition.gov/far/subpart-31.2 FAR Part 31.2]. [[media:136.4.6.docx\|Fig. 136.4.6]] lists common unallowable costs. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.		If the subconsultant is not prequalified with MoDOT, then the firm shall also include their [[media:134.3.5.1 Form.pdf\|Consultant Certification of Indirect Cost Form]]. Each subconsultant in this category must show its overhead in the required format. [[media:136.4.16.pdf\|Fig. 136.4.16]] provides an example Overhead Schedule. The detailed overhead schedule should be reviewed for possible unallowable costs per [https://www.acquisition.gov/far/subpart-31.2 FAR Part 31.2]. [[media:136.4.6.docx\|Fig. 136.4.6]] lists common unallowable costs. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.

	=====136.4.2.7.3.2 Subconsultant cost NOT exceeding $25,000=====		=====136.4.2.7.3.2 Subconsultant cost NOT exceeding $25,000=====
	If the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant shall be submitted with the engineering service contract. The letter should quote the subconsultant’s cost shown in Attachment B of the contract ([~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1]]). If the subconsultant is not prequalified with MoDOT, then the subconsultant firm shall also include their [[media:134.3.5.1 Form.pdf\|Consultant Certification of Indirect Cost Form]]. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.		If the consultant is using a subconsultant with a cost that DOES NOT exceed $25,000 then a letter quote from the subconsultant shall be submitted with the engineering service contract. The letter should quote the subconsultant’s cost shown in Attachment B of the contract ([https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1]). If the subconsultant is not prequalified with MoDOT, then the subconsultant firm shall also include their [[media:134.3.5.1 Form.pdf\|Consultant Certification of Indirect Cost Form]]. The prime consultant is responsible for ensuring that all subconsultants comply with state and federal regulations, such as E-Verify, and are registered to do business in Missouri.

	====136.4.2.7.4 Ceasing Negotiation====		====136.4.2.7.4 Ceasing Negotiation====
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	====136.4.2.7.5 Contract Execution====		====136.4.2.7.5 Contract Execution====
	The [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Engineering Services Contract, (Fig. 136.4.1)]], must be signed by both parties (LPA and consultant). The LPA has one year from the time the RFQ expires to get a consultant contract negotiated and executed. However, it is desirable to have the contract executed in a much shorter timeframe.		The [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Engineering Services Contract, (Fig. 136.4.1)], must be signed by both parties (LPA and consultant). The LPA has one year from the time the RFQ expires to get a consultant contract negotiated and executed. However, it is desirable to have the contract executed in a much shorter timeframe.

	====136.4.2.7.6 Liability Insurance====		====136.4.2.7.6 Liability Insurance====
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	===136.4.2.8 Step 7 – Engineering Services Contract (ESC) Submittal to MoDOT===		===136.4.2.8 Step 7 – Engineering Services Contract (ESC) Submittal to MoDOT===
	The Engineering Services Contract (ESC) format illustrated in [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1]] is required, unless the LPA gets prior approval from MoDOT to deviate from this form. The LPA must submit the unexecuted ESC to the [https://www.modot.org/about-lpacontact-us MoDOT District LPA Contact] for review and approval along with the cover letter found in [[media:136.4.9 Sept 2013.doc\|Fig. 136.4.9]]. For a complete list of items required to be submitted along with the ESC, see [[media:136_4_11_rev05012023.docx\|Fig. 136.4.11]]. Also see [[media:136_4_14_05012023.doc\|Fig. 136.4.14]] to view a checklist that MoDOT will use when reviewing the ESC. The LPA should also use this checklist prior to submitting to MoDOT to ensure the ESC is complete.		The Engineering Services Contract (ESC) format illustrated in [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1] is required, unless the LPA gets prior approval from MoDOT to deviate from this form. The LPA must submit the unexecuted ESC to the [https://www.modot.org/about-lpacontact-us MoDOT District LPA Contact] for review and approval along with the cover letter found in [[media:136.4.9 Sept 2013.doc\|Fig. 136.4.9]]. For a complete list of items required to be submitted along with the ESC, see [[media:136_4_11_rev05012023.docx\|Fig. 136.4.11]]. Also see [[media:136_4_14_05012023.doc\|Fig. 136.4.14]] to view a checklist that MoDOT will use when reviewing the ESC. The LPA should also use this checklist prior to submitting to MoDOT to ensure the ESC is complete.

	===136.4.2.9 Step 8 – MoDOT Review of Consultant Contract===		===136.4.2.9 Step 8 – MoDOT Review of Consultant Contract===
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	====136.4.2.12.2 LPA Consideration of DBE for On-Call Contracts====		====136.4.2.12.2 LPA Consideration of DBE for On-Call Contracts====
	All LPA On-Call Consultant contracts will be reviewed individually to establish a DBE goal. Strong consideration of DBE firms as prime and sub-consultants must be taken into account when selecting a consultant team. DBE sub-consultant firms can be found by visiting the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC Directory] and DBE prime consultant firms are highlighted on the LPA On-Call Consultant list. If the On-Call Consultant selected by the LPA cannot meet the established DBE goal, the consultant must document the Good Faith Efforts made to achieve that DBE goal. Good Faith Effort examples are found in [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1, Engineering Services Contract ]](Attachment E, Section 7). DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].		All LPA On-Call Consultant contracts will be reviewed individually to establish a DBE goal. Strong consideration of DBE firms as prime and sub-consultants must be taken into account when selecting a consultant team. DBE sub-consultant firms can be found by visiting the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC Directory] and DBE prime consultant firms are highlighted on the LPA On-Call Consultant list. If the On-Call Consultant selected by the LPA cannot meet the established DBE goal, the consultant must document the Good Faith Efforts made to achieve that DBE goal. Good Faith Effort examples are found in [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1, Engineering Services Contract] (Attachment E, Section 7). DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].

	====136.4.2.12.3 Engineering Services Contract (ESC) Execution Process====		====136.4.2.12.3 Engineering Services Contract (ESC) Execution Process====

	:'''1.''' The Engineering Services Contract (ESC) format illustrated in [~~[media~~:Fig. ~~136~~.4.1 ~~May 2016~~.docx\|Fig. 136.4.1]] is required, unless the LPA gets prior approval from MoDOT to deviate from this contract form. Once the scope of work is defined, the LPA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, estimated consultant cost, and potential subcontracting opportunities) to the appropriate [https://www.modot.org/about-lpacontact-us MoDOT District LPA Contact]. The District LPA Contact is to submit the information to MoDOT Business Development and Compliance (BDC) for review at DBEConsultGoal@modot.mo.gov. The scope for each On-Call Consultant Engineering Services Contract (ESC) must be submitted to MoDOT and reviewed for a DBE Goal prior to selecting the On-Call Consultant. The DBE goal shall be included in the ESC. (DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].) All consultant contracts <u>that utilize federal funds</u> must be reviewed by BDC, regardless of the dollar amount of the contract.		:'''1.''' The Engineering Services Contract (ESC) format illustrated in [https://epg.modot.org/forms/general_files/DE/LPA/Fig._136.4.1.docx Fig. 136.4.1] is required, unless the LPA gets prior approval from MoDOT to deviate from this contract form. Once the scope of work is defined, the LPA must obtain a DBE Goal by sending the appropriate project information (including scope, county, estimated construction cost, estimated consultant cost, and potential subcontracting opportunities) to the appropriate [https://www.modot.org/about-lpacontact-us MoDOT District LPA Contact]. The District LPA Contact is to submit the information to MoDOT Business Development and Compliance (BDC) for review at DBEConsultGoal@modot.mo.gov. The scope for each On-Call Consultant Engineering Services Contract (ESC) must be submitted to MoDOT and reviewed for a DBE Goal prior to selecting the On-Call Consultant. The DBE goal shall be included in the ESC. (DBE requirements are also covered in [[:Category:146 Disadvantaged Business Enterprise (DBE)\|EPG 146 Disadvantaged Business Enterprise (DBE)]].) All consultant contracts <u>that utilize federal funds</u> must be reviewed by BDC, regardless of the dollar amount of the contract.

	:'''2.''' If the prime consultant or any sub-consultants are DBE firms, the DBE section of the ESC must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank.		:'''2.''' If the prime consultant or any sub-consultants are DBE firms, the DBE section of the ESC must be filled out. If the prime or subs are not DBE firms, the DBE section can be left blank.