105.15 Project Acceptance

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Refer to Sec 105.15 for contractual terms regarding acceptance of a project. All projects require a final review and progressive acceptance process to ensure the work has been completed in accordance with the plans and all contract requirements. The term “partial acceptance” simply means acceptance of maintenance on all or a portion of the work. Final acceptance requires both completion of the work, and receipt of all essential project documents. A Project Acceptance Flow Chart is available as a general guide.

105.15.1 Partial Acceptance of a Project (Semi-Final Inspection)

Upon completion of work on a project, in accordance with Sec 105.10.7, the District Construction & Materials Engineer (DCME), joined by the Resident Engineer, project inspector and a contractor representative, shall promptly perform a semi-final inspection of the project. This project site review shall be documented on Semi-Final Inspection (C-236) and submitted electronically to the contractor immediately following the inspection. Every effort should be made by MoDOT staff to perform the inspection as close as possible to the date the work is presumed complete. This is especially important if contract time is about to expire and the contractor is in jeopardy of incurring liquidated damages. If the inspection must be postponed due to a scheduling conflict among MoDOT staff (DCME/RE), this should be documented on the form and measures should be taken to excuse any delay time specifically attributed to unavailability of MoDOT staff (this would qualify as an excusable, but non-compensable delay). If a contract includes multiple projects, a separate semi-final inspection is done for each project and documented on individual reports. For guidance on documenting Partial Acceptance of only a portion of the work, see EPG 105.15.1.3.

105.15.1.1 Corrections

The inspection team should list on the form all known corrections that are necessary before the count of contract time ceases and the project can be partially accepted. Corrections include, but are not limited to, work items that are not considered complete, corrective work (i.e. work items not completed to the satisfaction of the engineer), removal of construction signs and general clean-up of the project site (removal of asphalt header piles, trash, porta-potty, excess material, etc.). The Resident Engineer shall document the date all corrections are complete on the Semi-Final Inspection (C-236) since this represents the final day in the measurement of contract time. This date shall be entered into AWP as the Actual Completion (Work Complete Date) for the project. A checkbox is available on the form to indicate if the inspection is for the final remaining project within a contract. If so, this date also represents the contract completion date and shall be entered into AWP as the Actual Completion (Work Complete Date) for the contract.

105.15.1.2 Exceptions

The inspection team should also list all known “exceptions” to the work. Exceptions are tasks or test/acceptance periods that are contractually allowed to occur beyond the contract time limits.

Examples of Common Exceptions:

a) Acceptance of permanent seeding in accordance with Sec 805.4 (set a calendar reminder for this subsequent evaluation of final stabilization).
b) Retroreflectivity measurements on pavement marking in accordance with Sec 620.2.3.
c) Removal of Point of Presence signs approximately 90 days from the date of the Semi-Final Inspection (establish a 14-day window when you expect the signs to be removed).
d) Acceptance of sodding in accordance with Sec 803.4.
e) Maintenance of all temporary erosion & sediment control devices until final stabilization has been achieved.
f) Removal of all temporary sediment control devices after final stabilization has been achieved.
g) Final Plant Inspection (trees, shrubs, etc.) in accordance with Sec 808.4.3.
h) Thirty-day test period for Traffic Signals in accordance with Sec 902.12.8.
i) Fifteen-day test period for Lighting Systems in accordance with Sec 901.14.1.
j) Fifteen-day test period for Navigation lighting in accordance Sec 901.6.5.

105.15.1.3 Partial Acceptance of a Portion of the Work

Prior to completion of the project, the contractor may request that the engineer inspect for acceptance specific portions of completed work. A list of eligible work items are listed in Sec 105.15.1. If the RE concurs that inspection and partial acceptance is warranted, acceptance of that portion of the work should be documented on the Semi-Final Inspection (C-236), except as otherwise allowed for Guardrail Acceptance. The limits of the accepted work should be clearly defined.

When a portion of the work is partially accepted, the Commission assumes responsibility for the cost of the repair should the work be damaged by the elements or by others after acceptance. However, if the overall project has not been finally accepted, the engineer retains the authority to direct the contractor to perform the needed repair or replacement of the damaged work. Payment for the repair or replacement of accepted work should be made at the contract unit prices. If total replacement is not required, other methods in Sec 109.4 can be utilized to determine the amount to be paid for the repair.

Partial acceptance should not be made for temporary work and no payment should be made for damage to items that are considered temporary work (e.g. temporary shoring, CMS boards, traffic control devices, temporary barrier, etc.) unless specifically provided in the contract (e.g. sand-filled attenuator replacements).

Guardrail Acceptance

Contractors commonly request partial acceptance of completed sections guardrail. The accepted rail should be grouped into definable sections, as determined by the engineer, and not accepted per daily installation. In lieu of using the Semi-Final Inspection (C-236), it is acceptable for the RE or inspector to document guardrail acceptance by simply sending an Acceptance email notice to the prime while copying the guardrail subcontractor. The inspector should also note the acceptance in their daily work report in AWP. If the guardrail is subsequently damaged after partial acceptance, but prior to project completion, several options are available to complete the repair. A flow chart is available to guide the Resident Engineer with guardrail repair options.

105.15.1.4 Acceptance for Maintenance (Final Inspection)

The Resident Engineer, or designated representative, shall perform a final inspection after all corrections and exceptions are complete. The final inspection is to verify completeness of all items listed during the semi-final inspection. If no items were listed on the semi-final, then the semi-final is also considered the final inspection and dated as such. The date of the final inspection shall be noted on the Semi-Final Inspection (C-236). This is the date the Commission accepts responsibility for maintenance of the entire project (Partial Acceptance). When final inspection is made on the last remaining project in the contract, indicate this by checking the box on the inspection form and enter the date into AWP as the Final Inspection Date. The RE should notify the DCME (cc: DFP&RP) by email immediately following final inspection on all projects within the contract. Include a link to the completed Form C-236.

Upon notification from the RE that final inspection has been made on all projects within a contract, the DCME shall submit a letter to the contractor formally accepting maintenance of the project(s) in accordance with Sec 105.15.1.1. The letter should also request the final project documentation listed in EPG 105.15.2 Final Acceptance (these submittals are a contractual requirement per Sec 109.8, Sec 105.15.2.1), as well as any other absent documents, be submitted to the RE within 14 days (allow more time for large/complex projects) so that Final Acceptance can be made. An Acceptance for Maintenance letter is available. The DMCE may delegate issuance of this letter to the RE.

Final Inspection is also the date that starts the “clock” for final project close-out. MoDOT’s goal is to close out projects within 120 days of the Final Inspection. To keep on track towards this goal, the project office should have the as-built plans prepared and all project closeout tasks completed no later than eight (8) weeks following Final Inspection, or within four (4) weeks if the time between the Actual Completion (Work Complete Date) and Final Inspection is more than four (4) weeks. The RE then notifies the District Final Plans & Reports Processor (DFP&RP) that all as-built records are ready for review in eProjects. The DFP&RP should complete the district review within two (2) weeks of receipt and notify the CM Final Plans Reviewer the contract documents are ready for Division review. Preparation of as-built plans and other closeout tasks should not be delayed for such reasons as: waiting for the contractor to provide final documentation, waiting for exception periods, or delays due to other contract issues. Reference EPG 108.16 Project Dates for guidance on entering project dates into AWP.

105.15.2 Final Acceptance

Refer to Sec 105.15.2 for information regarding Final Acceptance of the project.

Following partial acceptance, the Resident Engineer shall verify that all quantities and adjustments are accurate and support the final payment estimate. The RE will either submit a final change order to the contractor for review, or, if no changes are necessary, will notify the contractor that no final change order will be forthcoming as all quantities have been confirmed as final. Either way, the contractor should be given the opportunity to review the final quantities and verify concurrence prior to declaring final acceptance.

Upon verification of the accuracy of final quantities and payment, and receipt of the required Final Acceptance documents listed below, the Resident Engineer shall recommend to the DCME that Final Acceptance of the contract (i.e. acceptance is for all projects in the contract) be made. Copy the District Final Plans & Reports Processor on this notification.

Per Sec 105.10.7, Final Acceptance should be made within 30 days of receipt of all final documentation. The Final Acceptance report is generally prepared by the District Final Plans & Reports Processor and presented to the DCME for signature. An auto-generated Final Acceptance Report (C-239), Cognos Report - AWP is available, or the report can be filled out manually using this Final Acceptance Report (C-239), pdf version. The DCME shall sign the report and submit to both the RE and contractor (or delegate that the RE forward the report to the contractor). The District Final Plans & Reports Processor shall enter the Final Acceptance Date in AWP as described in EPG 108.16.1 (See Acceptance Date).

Final Acceptance Documents

The following documents are required prior to declaring Final Acceptance unless a waiver is otherwise approved by the Division of Construction:

If the contractor is non-responsive, or otherwise refuses to submit the Final Acceptance documents, thus delaying project closeout, see EPG 105.15.2.1 for guidance on how to proceed.

105.15.2.1 Contractor Delays in Submittal of Final Acceptance Documents

If Final Acceptance is in delay due to the contractor’s failure to submit one or more of the Final Acceptance documents listed in the DCME’s Acceptance for Maintenance letter, the Resident Engineer should make every effort to obtain the absent documents from the contractor to keep project closeout on track (120 days maximum from Final Inspection to closeout). These efforts should include at least one verbal contact and one written request (email) to the contractor’s project manager. Following that, at least one verbal or written contact should be made to the contractor’s President or owner. Ask the reason for the delay and set a revised deadline for submittal. If these efforts do not produce results, proceed with the following action(s), as appropriate for the absent document(s):

Contractor Affidavit Regarding Settlement of Claims, Form C-242

Ask the contractor why they are not submitting this affidavit. Often the contractor is simply withholding the C-242 due to one or more financial disputes with subcontractors or suppliers. EPG 109.8 provides guidance to help facilitate a resolution, but project closeout should not be delayed. If pending creditor claims are determined to be the reason for the prime not completing the C-242, insist the contractor complete this modified Contractor's Affidavit Regarding Settlement of Claims (C-242) with Exceptions, which provides a field to list details of all unresolved claims. Send the Delay_C-242_Affidavit letter to the prime, if necessary. After receiving the completed C-242 (with exceptions) review the listed claim(s) to determine if they involve the Commission. If you feel they do, submit the completed C-242 (with exceptions) to the CM Liaison and inquire if project closeout should proceed. If the Commission is not a party to the dispute, submit the C-242 (with exceptions) to the DCME and recommend Final Acceptance be made (unless other final documents are also absent). If the prime is non-responsive or otherwise refuses to submit the C-242 for other reasons, the RE should proceed with completing the as-built documents and notify the District Final Plans & Reports Processor (DFP&RP) the project is ready for district review (unless other final documents are absent as well). Note the absent C-242 in the submittal letter and recommend Final Acceptance not be made until receipt of the C-242. The DFP&RP should proceed with the district review and notify the CM Final Plans Reviewer when ready for Division review, also noting that Final Acceptance has not been made due to the absent C-242. If the C-242 is still not received after District review, the DFP&RP should notify the CM Liaison. The CM Liaison will consult the State Construction Engineer to determine if Final Acceptance should be made and project closeout should occur without the C-242.

Affidavit for Compliance with Prevailing Wage Law (from prime and all sub-contractors)

A common reason for delay in submittal of all prevailing wage affidavits is a subcontractor’s refusal to send their affidavit to the prime. Subcontractors sometimes take this action as leverage to force the prime to settle an unrelated pay dispute. This strategy is counterproductive since the Missouri Prompt Payment law allows the prime to withhold retainage until the sub submits all required documents. If the RE learns of such a stalemate, he/she should inform the subcontractor they are in violation of Missouri Statute (Section 290.290, RSMo). According to the Missouri Department of Labor, “Failure to comply with the Prevailing Wage Law can result in civil action and in criminal fines of up to $500 and up to six months of imprisonment for each day there is a violation”. If the prime and/or sub continues to be non-responsive, the RE should send the Delay_PW_Affidavit letter to the prime and copy all subcontractors who have not submitted a signed affidavit. The RE should proceed with notifying the district the as-built documents are ready for review, noting the absent affidavit(s). The DCME should proceed with issuing Final Acceptance (assuming all other required documents have been received).

DBE Participation List and Final Verification (DBE Final Payment Form)

If the contractor is non-responsive or otherwise refuses to submit the DBE Participation List and Final Verification (DBE Final Payment Form), the RE should send the final Delay_DBE_Verification letter to the contractor and copy the Business Development and Compliance director. The RE should proceed with notifying the district the as-built documents are ready for review, noting the absent DBE Final Payment Form. Review of as-built documents should continue at the CM division level, but the DCME should not issue Final Acceptance and the project should not be closed out until the Business Development and Compliance director confirms a resolution of DBE requirements has been reached.

Materials Certifications and QC Testing Reports (uploaded to MoDOT’s external SharePoint site)

If the absent QC documents are from subcontractor work, contact the sub to find out the reason. If the sub is withholding the documents for leverage (see guidance above for absent Prevailing Wage Affidavits), advise the subcontractor of the fact that this action provides the prime protection under the Missouri Prompt Payment law. If the contractor or subcontractor is non-responsive or otherwise refuses to submit all required QC documents, consult the CM Liaison for direction on how to proceed. Deducts and/or further testing at the contractor’s expense may be in order prior to closeout. This issue can be avoided if the project office monitors QC submittals throughout the life of the project and withholds pay until the contractor submits the QC documents.

Final Change Order

If a final change order is necessary, and the contractor is non-responsive or otherwise refuses to sign it, the RE should make every effort to resolve the issue. Contact the DCME and CM Liaison for direction if a resolution cannot be reached. The Delay_Final_Change_Order letter may be appropriate if the issue is not resolved.

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