Category:108 Prosecution and Progress

It is the responsibility of the contractor to furnish adequate forces for meeting specified project schedules as well as quality requirements. The Resident Engineer should bring unsatisfactory progress to the contractor's attention in writing. Send copies of such letters to the District Engineer and Construction & Materials. If the contractor fails to respond in keeping with the intent of Sec 108, the matter must be brought immediately to the attention of the district office and the Division of Construction and Materials.

This article also discusses critical and key project dates and extensions or adjustments of time when progress is adversely affected by items beyond a contractor’s control.

108.1 Subletting of Contract (for Sec 108.1)

The prime contractor is obligated to do a specified portion of the work, as indicated in Sec 108.1.1. Any exception to this clause of the contract must be approved by the Division of Construction and Materials and a change order must be issued to establish the revised terms.

Specifications permit the contractor to utilize approved subcontractors to perform up to 70 percent of the work under subcontract agreement. The Commission is not a party to the subcontract agreement, but holds final approval on all subcontract requests.

108.1.1 Review and Approval of a Subcontract Request

When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on Request to Subcontract Work (Form C-220). The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:

1. Check all information on the header for accuracy and determine if the request a) involves a 2^nd tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2^nd tier requests, the agreement between the 1^st and 2^nd tier subcontractor should also be submitted.

2. For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. If there are line items listed on the C-220 for a DBE that go beyond the DBE Identification Submittal found in the contract, verify whether they can be counted for DBE credit and if they do not count, a separate C-220 should be submitted for these line items. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the "DBE Change" form so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

3. The Line No. and item Description should be as shown in the contract. However, the Quantity and/or the Subcontracted Unit Price will often differ from the contract; this is acceptable as long as they match the values in the subcontract agreement between the prime and the sub. Additionally, in rare cases, even the unit of measure might differ. For example, let’s say the contract line item is Diamond Grinding – 10,000 SY @ $3/SY = $30,000, yet the C-220 shows “Diamond Grinding (per hour)” with a quantity of 100 @ $250 = $25,000. This is acceptable if those are the terms in the subcontract agreement. Since there is not a field to show a revised Unit of Measure, the form instructions require the contractor to state the revised unit of measure in the Description. Also, even though their subcontract agreement may not include an estimated quantity, insist that your contractor provide an estimated quantity on the C-220. All of the above data is necessary for AWP to accurately track the total percent sublet on 1^st tier subcontracts.

4. Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2^nd tier sub. The 2^nd tier request will only list items the 2^nd tier plans to perform. See EPG 108.1.2 Second Tier Subcontracting and EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting for more information.

5. Verify that the requested subcontractor is on the approved Subcontractor List on the Bid Opening Info page under the Documents section and is qualified as a DBE (if the DBE box is checked) on the MRCC directory page. Refer unapproved subcontractors to the Perform Subcontracting Work webpage. If the requested subcontractor is performing a Professional Service, refer to EPG 108.1.4 Professional Service.

6. For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.

7. Confirm the request has been signed by an authorized representative of the prime contractor.

8. For federal aid projects, the prime contractor is required by federal statute to insert the contract Federal provisions and wage rates (including FHWA 1273) in all subcontract agreements. The reviewer should perform a random check on submitted subcontract agreements to help ensure the prime is meeting this requirement.

9. If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.

10. If any of the information on the form is incorrect, or if approval cannot be granted for any reason, the contractor should be notified immediately with an explanation so they can correct the form or take other actions to proceed without delay. Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.

Subletting Limitation

The self-perform requirement for prime contractors is a minimum of 30% by specification which is also the federal requirement. The minimum requirement is tracked by the C-220 request to subcontract forms. No self-perform re-evaluation will be required for contract change order adjustments. The prime contractor is allowed to purchase materials for subcontractor’s work. The material purchased by the prime for the subcontractor should be clearly indicated on the C-220 subcontract form.

108.1.2 Second Tier Subcontracting

Upon approval from the prime contractor, subcontractors may sublet a portion of their assigned work to another subcontractor. This relationship is called “2^nd tier subcontracting”. A separate C-220, submitted by the prime, is required for 2^nd tier subcontract requests. The contractor shall disclose the name of the 1^st tier subcontractor on the form.

The C-220 for the 1^st 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 C-220 for the 2^nd tier subcontract work lists only the work the 2^nd tier sub will perform, and shows the quantity and price from the subcontract agreement between the 1^st and 2^nd tier subcontractors.

AWP will use the total of all work sublet to 1st tier subcontractors to determine the total percent sublet. The total for the 2^nd tier work will not be included in that calculation since 2^nd tier work is already included in the 1^st tier total.

108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting

Note that compliance with Sec 108.1.1 and DBE goals are distinctly separate issues and are based on different requirements, as stated in this article. Most contracts with federal participation include a goal for the amount of work to be awarded to disadvantaged business enterprises (DBE). At the time of bid, all bidders are required to list on the DBE Identification Submittal Form all proposed DBE subcontractors, suppliers and haulers to be used on that contract, including the amount for each line item on each subcontract. If the totals do not meet or exceed the goal, the bidder must document all good faith efforts to meet the goal. After award of the contract, MoDOT's External Civil Rights Division must approve any change to the DBE commitment. In addition, all bidders must submit the DBE and Non-DBE Subcontractor Reporting Form. The DBE and Non-DBE Subcontractor Reporting Form will be due by the last day of the month of the letting being reported.

Once a project is awarded, the contractor must submit a Request to Subcontract Work on Form C-220 to the RE for all DBE subcontractors listed on the DBE Identification Submittal Form with the bid. There may be changes proposed with a C-220 that require ECR pre-approval and others that do not. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the DBE Change form so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

The following are items that require ECR approval:

• Contractor proposes to eliminate one or more DBEs initially committed on the DBE submittal form (see DBE Termination Form),
• Contractor proposes a reduction in the quantities for DBE firms initially committed on the DBE submittal form,
• Propose additional DBE’s beyond the DBE firms initially committed on the DBE submittal form,
• Increased quantities for DBE’s from what was originally committed on the DBE submittal form,
• If DBEs are working in a 2^nd tier capacity.

Additional work items can be added to any DBE subcontractor, and additional DBE subcontractors can be utilized for other work items, but no DBE work disclosed on the DBE Identification Submittal Form can be changed without approval from MoDOT's External Civil Rights division.

Any work subcontracted from a 1^st tier DBE contractor to a 2^nd tier non-DBE contractor will not count towards the DBE contract goal.

Compliance with the DBE goal is determined by the amounts shown on the subcontract agreement between the prime contractor and the DBE subcontractor, and later verified by the actual amount paid to that DBE once the work is complete.

108.1.4 Professional Service

Contractors sometimes hire a Professional Service to perform a support function to one or more line items of work. Use of a Professional Service does not typically require submittal of Form C-220, unless the work is directly tied to a contract line item. For example, Surveying/Staking is considered a Professional Service that does require a Form C-220 when there is a contract line item for that work. When the Surveying/Staking is considered incidental, no Form C-220 is required. The contractor or subcontractor utilizing a Professional Service is responsible for providing insurance coverage for this work if the Professional Service does not have sufficient coverage. Some professional service work may not require registration as a subcontractor. See EPG 110.3 Prevailing Wages and Records for more information on Professional Services.

Professional Service Contract Labor

Contractors sometimes hire a company to provide trade workers for their workforce. These companies charge a fee to the contractor for providing workers and they pay the workers directly. This is permissible. Since the contract is for workforce and not contracting to perform line item work there is no subcontract required. Insurance for the workers would be covered under the contractor hiring them. The workers would fall under the prevailing wage rate. Their rate of pay for prevailing wage rate is what the worker receives and not what the contractor is paying for their services. Therefore the mark up paid to the labor supplier cannot be used as part of the prevailing wage rate determination. The workers would be paid by the company supplying the worker. So the payroll from that company is what is submitted to the Resident Engineer. It should be submitted along with the prime or subcontractors payroll and not separately.

108.1.5 Rental Equipment

Sometimes the contractor will rent equipment from other contractors to perform work on the project. To avoid the possibility of unauthorized subcontracting, the payroll should be checked to confirm that the contractor is paying the wages of operators and supervision. Checking may also be accomplished during routine labor interviews by determining who pays the operator's wages. The findings of such checking procedures should be noted in the project DWR. In lieu of such checking, the resident engineer may accept a written statement over the contractor's signature that all operators and supervisors are carried on the contractor's payroll. These procedures are not necessary for equipment rented from recognized rental agencies that are not also in the highway construction business. Further explanation of Owner Operator can be found in EPG 110.3 Prevailing Wages and Records.

108.1.6 Termination of a Subcontract

Occasionally it becomes necessary for the contractor to terminate a subcontract. The Commission recognizes cancellation of previously approved subcontracts when the contractor provides:

a. A statement over the signatures of the contractor and the subcontractor that they have mutually agreed to cancel the subcontract, or

b. A certified copy of the contractor's written notice to the subcontractor of cancellation for cause.

After a subcontract has been cancelled, the percentages of work sublet to date should be adjusted. The work involved in the canceled subcontract quite often is proposed to be sublet again. If condition (a) or (b), above, has been met, the proposal should then be handled as a normal request for approval of subcontract.

If the contractor requests replacement of a DBE subcontractor, approval must first be obtained from the External Civil Rights Division.

If any subcontractor is replaced for any reason, the existing subcontract item(s) of work for that subcontractor are removed from AWP. Remarks indicating the reason for the revision are included in the record. No revision of the original C-220 is required. The new subcontractor shall be added using the normal C-220 subcontract process documenting the items of work to be performed.

108.2 Notice to Proceed (for Sec 108.2)

Sec 108.2 provides information on notice to proceed. Early notice to proceed may be granted with the approval of the Division of Construction and Materials.

108.3 Prosecution of Work

Sec 108.3 provides information on prosecution of work.

108.4 Progress Schedules

Refer to Sec 108.4 for information on progress schedules.

108.5 Labor, Methods and Equipment

Sec 108.5 provides information on labor, methods and equipment.

108.6 Temporary Suspension of Work

Refer to Sec 108.6 for information on temporary suspension of work.

108.7 Contract Time for Completion of the Work

108.7.1 Extensions or Adjustments of Time

Sec 108.7 provides a basis for granting adjustments, suspensions or extensions of time when progress is adversely affected by items beyond the contractor's control. Sec. 108.7.1 covers extensions of time for calendar day or calendar date contracts and refers to weighted time tables on file in the office of the Commission. Weighted timetables (for contracts with and without time exclusions) and examples of proper use are shown in Tables 108.7.2 and 108.7.3 and EPG 108.7.4 Examples.

Such requests should be evaluated by the resident engineer and sent to the District Engineer along with a detailed study and recommendation. The district may discuss the request with Construction & Materials before rendering a decision. Requests from the contractor for major adjustments, suspensions, or extensions of time require thorough study by the resident engineer. In many cases the basis for the request is not subject to a clear-cut policy decision.

It is necessary that these procedures be followed to ensure uniform administration of the liquidated damage provisions of our contracts.

When it is not possible to grant the contractor's request, a thorough report should be sent to Construction & Materials to recover liquidated damages.

108.7.1.1 Assessment of Liquidated Damages and Exceptions

Guidance for Assessment of Liquidated Damages

Contract time for project completion should be administered in accordance with Sec 108.7 as well as all applicable job special provisions. At a minimum, all contracts should have a JSP for Contract Liquidated Damages that identifies the time limits along with penalties for both Road User Costs and Contract Administrative Costs. A guide for assessment of liquidated damages is available.

Contract time for specific milestone events, such as a road closure, should be administered as specified in the contract Liquidated Damages Specified JSP for that event. Sec 108.7 does not apply to specific milestone events, therefore, liquidated damages are generally charged 7 days/week with no waivers for weekends and holidays. Refer to the terms in the contract Liquidated Damages Specified JSP and administer accordingly.

Measurement of contract time for project completion ends when the contractor completes all work, including all corrections listed on the Semi-Final Inspection Form (C-236). The RE sometimes lists “exceptions” on the form. Exceptions are tasks or acceptance periods that are contractually allowed to occur after the contract completion date without penalty. For a list of common exceptions, refer to EPG 105.15.1.2 Exceptions. Some exceptions may require a date range attached to the task. For example, removal of the Point of Presence signs should be done approximately 90 days after the semi-final inspection, so the RE should specify a two-week period for the POP sign removal, approximately 90 days out. As that date approaches, the RE should remind the contractor of the looming deadline to remove the signs to avoid having the count of time reinstated and damages assessed.

More details are available in the following Quick Reference Guides: Milestones and Contract Times.

108.7.1.2 Consideration of Time Extensions or Suspensions

Contractors are presumed to have made provisions in their bids for any anticipated delays in procurement of materials. Contract time extensions or suspension of working days should not be based on unsupported claims of delays in delivery of materials. Consideration may be given to delays caused by unusual market conditions such as an industry-wide strike, natural disaster, or area-wide shortage that arises after award of the contract and prevents procurement of materials within the allowable time for contract completion. It will be necessary to evaluate any claim for time extension based on material shortages to determine if the delays were, in fact, beyond the control of the contractor or the fabricator.

108.7.1.3 Progress Schedules

Per Sec 108.4, the contractor is required to provide the Resident Engineer with an initial Progress Schedule prior to or at the pre-construction meeting. The request for the initial schedule is included in the Pre Con Letter-Federal and Pre Con Letter-State. Contracts are generally set up as Completion Day or Completion Date projects; however, there may be some rare instances where a contract will be set up as a Working Day project. Regardless of the method of contract time, the progress schedule shall include an activities bar chart showing the major items of work throughout the life of the project. The initial Progress Schedule is very critical in establishing the basis for the planned work and should account for all limitations that are known at that point in time. It should be thoroughly reviewed for compliance with Sec 108.4, should demonstrate continuous prosecution of the work, achievement of any required milestones and indicate overall project completion within the allotted time. Acceptance of the initial Progress Schedule, and all subsequent progress schedules, will be made by the Resident Engineer.

Once the initial schedule is accepted, if the work plan changes or the contractor falls significantly behind schedule, the Resident Engineer should require a revised schedule be submitted in accordance with Sec 108.4.2.1 and Sec 108.4.4. The revised schedule should clearly show a plan to ensure project completion within the allowable time. Likewise, should an excusable delay occur, the RE should issue the appropriate time adjustment change order and require a revised schedule.

If progress towards completion within the allowable time is in jeopardy, and the cause is due to inexcusable failures by the contractor (see common failures below), a letter should be submitted to the contractor, with a copy to the surety, informing them of the possibility of being declared in default of the contract if the contractor does not proceed with a remedy within ten days of the notice. The State Construction and Materials Engineer should be informed of this notice. If after ten days the contractor has not adequately proceeded with a remedy, the State Construction and Materials Engineer will work with the district and the Chief Counsel’s office to determine the next course of action, which may include declaring the contractor to be in default.

Common contractor failures that could affect schedule and lead to Default of Contract:

1. Failure to mobilize and begin work on time.

2. Failure to provide sufficient resources (workers and/or equipment) to maintain sufficient progress.

3. Unacceptable work that requires extensive time to repair or replace.

4. Contractor delay caused by a refusal to remedy work deemed unacceptable.

5. Contractor vacates project or discontinues work on the major operation.

6. Contractor fails to return to the project in a reasonable time following a stoppage of work.

7. A stoppage of work is issued for non-compliance with a contract requirement.

8. A federal and or state legal action taken against the contractor.

Two-Week Schedule

In addition to maintaining a current project Progress Schedule, each week the contractor is required to provide the Resident Engineer with a dynamic two-week look-ahead schedule. This two-week schedule is the basis (i.e. agenda) for discussion at the weekly progress meetings. It provides current details that are important in planning and scheduling resources over the following days, including upcoming traffic control changes and inspection resources. This schedule is very important for coordination efforts. It can be in any format acceptable to the RE, but should not be waived except during planned pauses or low activity levels in the work and the RE agrees it is not necessary.

108.7.2 Table for Contracts with No Time Exclusion

Table 108.7.2 Weighted Time Table for Contracts with No Time Exclusion (to be used with EPG 108.7.4)

Day	January	February	March	April	May	June	July	August	September	October	November	December
1	0	32	88	154	244	356	487	614	738	834	919	978
2	1	34	90	157	247	360	492	618	742	837	921	979
3	2	36	92	160	250	364	497	622	746	840	923	980
4	3	38	94	163	253	368	497	626	750	843	925	981
5	4	40	96	166	256	372	502	630	754	846	927	982
6	5	42	98	169	259	376	507	634	758	849	929	983
7	6	44	100	172	262	380	512	638	762	852	931	984
8	7	46	102	175	265	384	517	642	765	855	933	985
9	8	48	104	178	268	388	522	646	768	858	935	986
10	9	50	106	181	271	392	526	650	771	861	937	987
11	10	52	108	184	274	396	530	654	774	864	939	988
12	11	54	110	187	277	400	534	658	777	867	941	989
13	12	56	112	190	280	404	538	662	780	870	943	990
14	13	58	114	193	284	408	542	666	783	873	945	991
15	14	60	116	196	288	412	546	670	786	876	947	992
16	15	62	118	199	292	416	550	674	789	879	949	993
17	16	64	120	202	296	420	554	678	792	882	951	994
18	17	66	122	205	300	424	558	682	795	885	953	995
19	18	68	124	208	304	428	562	686	798	888	955	996
20	19	70	126	211	308	432	566	690	801	891	957	997
21	20	72	128	214	312	437	570	694	804	894	959	998
22	21	74	130	217	316	442	574	698	807	897	961	999
23	22	76	132	220	320	447	578	702	810	900	963	1000
24	23	78	134	223	324	452	582	706	813	903	965	1000
25	24	80	136	226	328	457	586	710	816	905	967	1000
26	25	82	138	229	332	462	590	714	819	907	969	1000
27	26	84	140	232	336	467	594	718	822	909	971	1000
28	27	86	142	235	340	472	598	722	825	911	973	1000
29	28	86	145	238	344	477	602	726	828	913	975	1000
30	29		148	241	348	482	606	730	831	915	977	1000
31	30		151		352		610	734		917		1000

108.7.3 Table for Contracts with Time Exclusion

Table 108.7.3 Weighted Time Table for Contracts with Time Exclusion, as of 5/10/2006 (to be used with EPG 108.7.4)

Day	March	April	May	June	July	August	September	October	November	December
1		24	102	198	316	457	610	758	887	971
2		26	105	202	321	462	615	763	890	974
3		28	108	205	325	466	620	767	893	977
4		30	111	209	330	471	625	771	895	980
5		32	114	213	334	476	630	776	898	983
6		34	117	217	339	480	635	780	901	985
7		36	120	221	343	485	640	784	904	987
8		38	123	225	348	490	645	789	906	989
9		40	126	229	352	495	650	793	909	991
10		42	129	233	357	500	655	797	912	993
11		44	132	236	361	505	660	802	915	995
12		46	135	240	366	510	665	806	917	997
13		49	138	244	370	515	670	810	920	999
14		52	141	248	375	520	675	815	923	1000
15	0	54	144	252	379	525	680	819	926
16	1	57	147	256	384	530	685	823	928
17	2	60	150	260	388	535	690	827	931
18	3	63	153	264	393	540	695	832	934
19	4	66	156	268	397	545	700	836	937
20	5	69	159	272	402	550	705	840	940
21	6	72	162	276	406	555	710	844	942
22	7	75	165	280	411	560	715	848	945
23	8	78	168	284	415	565	720	852	948
24	9	81	171	288	420	570	724	856	951
25	10	84	174	292	424	575	729	860	954
26	12	87	177	296	429	580	734	864	957
27	14	90	180	300	433	585	739	868	960
28	16	93	183	304	438	590	744	872	963
29	18	96	186	308	442	595	749	876	966
30	20	99	190	312	447	600	753	880	968
31	22		194		452	605		884
Monthly	22	77	95	118	140	153	148	131	84	32
Cumulative	22	99	194	312	452	605	753	884	968	1000

108.7.4 Examples

Five examples are provided, below.

Example 1

Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. No time will be charged December 15 to March 15.

From weighted time table:
Completion date Sept. 1	610 Units
Notice to Proceed May 5	-114 Units
Total Contract Units for Project	496 Units
496 * 2.6% = 12.9 (Adjustment for Overrun), so use 13 Units
Contract Completion Sept. 1	610 Units
Added time due to overrun	+ 13 Units
Revised completion date units	623 Units
So, from table the revised completion date is September 4.

Example 2

Assume the following: Contract completion date – December 1. Project was delayed from July 10 through August 5. No time will be charged December 15 to March 15.

From weighted time table:
Completion date Dec. 1		971 Units
Units at August 5	476 Units
Units at July 10	-357 Units
Units during delay	119 Units
		+ 119 Units
Revised completion date units		1090 Units
So from table, the revised completion date is April 27.

Example 3

Assume the following: Project costs overrun 2.6%. Contract completion date – September 1. Notice to proceed date – May 5. Time will be charged December 15 to March 15.

From weighted time table:
Completion date Sept. 1	738 Units
Notice to Proceed May 5	-256 Units
Total Contract Units for Project	482 Units
482 * 2.6% = 13.9 (Adjustment for Overrun), so use 14 Units
Contract Completion Sept. 1	738 Units
Added time due to overrun	+ 14 Units
Revised completion date units	752 Units
So from table, the revised completion date is September 5.

Example 4

Assume the following: Contract completion date – December 1. Project was delayed from July 5 through August 5. Time will be charged December 15 to March 15.

From weighted time table:
Completion date Dec. 1		978 Units
Units at August 5	630 Units
Units at July 5	-502 Units
Units during delay	128 Units
		+ 128 Units
Revised completion date units		1106 Units
So from table, the revised completion date is March 10

Example 5

Assume the following: Project costs overrun 10%. Contract completion date – October 1. Notice to proceed date – March 5. Working days allowed = 10. Weighted time table units available for project = 60. No time will be charged December 15 to March 15.

From weighted time table:
Total Contract Units for Project	60 Units
60 * 10% = 6 (Adjustment for Overrun), so use 6 Units
Contract Completion Oct. 1	758 Units
Added time due to overrun	+ 6 Units
Revised completion date units	764 Units
So from table, the revised completion date is October 3.

108.8 Liquidated Damages for Failure or Delay in Completing Work on Time

Refer to Sec 108.8 for information on liquidated damages. Instructions for handling milestone disincentives through AWP are provided in the AWP CO Milestones.

108.9 Signal and Lighting Malfunctions

Refer to Sec 108.9for information on signal and lighting malfunctions, and what to do when an emergency repair is required.

108.10 Default of Contract

Sec 108.10 provides information on what constitutes a default of contract and related issues.

108.11 Termination of Contract for Convenience of the Commission

Refer to Sec 108.11 for information on the termination of a contract.

Guidance for Sec 108.11.2 Settlement Provisions (Particularly Settlement for Leftover Material on a Construction Project)

When contract pay items are eliminated from the contract, the Resident Engineer should notify the contractor in writing as soon as possible so that the contractor can stop any unnecessary material purchases. If the material is delivered prior to notification, use the following guidance to settle the cost of returning or purchasing the material. If the cost of the material is significant, consult with the District Construction Engineer to discuss whether this resolution is appropriate.

1. Request that the contractor make every effort to return the material to the supplier. We should avoid adding inventory items to MoDOT maintenance lots if at all possible. Make payment to the contractor for the shipping cost, return shipping cost, plus any restocking fee charged by the manufacturer. To this total, add an amount equal to 5% of the invoice cost of the material to cover the contractor's general overhead expenses.

2. If the manufacturer will not accept the return, a negotiated settlement with the contractor can be made so that the contractor retains the material at the salvage value.

3. If the material cannot be returned or retained by the contractor, purchase of the material can be made. Delivery of the material should be made to the local maintenance facility. For this option, payment should be made to the contractor for the invoice cost of the material, plus 5% for overhead, plus shipping cost, plus any cost incurred by the contractor for delivering the material to the maintenance lot.

108.12 Notice to Contractor and Surety

Refer to EPG 152 Contactor Bonding Responsibilities and Sec 108.12 for information on notice to the contractor when a contract has been terminated or default has occured.

108.13 Termination of Contract for Misconduct

Refer to Sec 108.13 for information on termination of a contract for misconduct.

108.14 Determination of Compensation and Contract Time Extension for Excusable, Noncompensable and Compensable Delays

Refer to Sec 108.14 for information related to delays in completing the work.

108.15 Suspension of Work Directed by the Engineer

Refer to Sec 108.15 for information related to a suspension of work as directed by the engineer.

108.16 Project Dates

Project dates are divided into two groups: Informational Dates and Contract Site Times. A sample project timeline includes most of the project dates.

108.16.1 Informational Dates

Informational dates are defined by each agency using AWP (AASHTOWARE Project) and may be used for any purpose. MoDOT has decided to use these dates for tracking significant contract events and to facilitate the final plans process.

The person(s) responsible for entering the Informational dates and their definitions follow, listed alphabetical order of abbreviation in AWP:

1. Acceptance Date (ACCEPT-DT) – This is the Final Acceptance date as confirmed and documented by the District Construction & Materials Engineer (DCE) on the Final Acceptance Report (C-239). The DCE makes Final Acceptance after receiving the Final Inspection notice from the RE and confirming that all requirements listed in Sec 105.15.2 have been met. Final Acceptance should be made as soon as possible after receiving the final documentation from the contractor, but no later than the 30 day maximum allowed per Sec 105.10.7. The Final Acceptance date (Actual) is entered by the District Final Plans and Reports Processor.

2. 105 – Date Approved by DBE (ADBE) – The date the External Civil Rights Division (ECR) approved the final DBE participation of the project. The Actual date is populated by the ECR – CM Division.

3. Award Date (AWRD-DT) - The date of action of the Commission accepting the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or as required by law. The Actual date passes into AWP during contract transition from Preconstruction to Construction.

4. Contract Items Complete Date (CICM) – This will be the same date as the date of the Final Payment letter from the Financial Services office. The Actual Date is entered by the Final Plans Reviewer.

5. Contract Closed for CRLMS Date (CRLMS-DT) - This date represents the review and approval of the final DBE participation for a contract. Entry of this date is necessary for the project data to be reported on the DBE Uniform Report. The Actual date is populated by ECR - CM Division.

6. 050 Date Final Plans Received at HQ (DFPR) - The projected date for this field is populated by the District Final Plans and Reports processor immediately following Final Inspection. This date is 2 weeks after the projected date the plans are due in the District Office (per guidance in #8). After the district check of the final plans is complete, the DFP&RP shall notify the Final Plans Reviewer by email that the project is ready for final review and processing. After confirming that all needed documents are present in eProjects, the Final Plans Reviewer will enter the Actual date into this record to indicate the plans have been received by central office.

7. Execution Date (EXEC) - The date that the contract has been signed by all parties and approved by the Chief Counsel's Office. The contractor has 15 days from award to return an executed contract for execution by the commission. The actual execution date can be more or less than 15 days after award based on the time the contractor takes to return the contract and the time for review and execution by the commission. The actual date for this record passes through at time of contract transition from Preconstruction to Construction.

8. Date of Final Inspection - See Sec 105.10.7 and EPG 105.15.1.4 Acceptance for Maintenance (Final Inspection) for detail on the Final Inspection. This is the date of the Final Inspection, which is when all corrections and exceptions are complete on the last remaining project to be finally inspected in the contract. This date is important since it will be pulled from AWP by Cognos and listed on the Final Acceptance form. (See QRG AWP CO Contract Times). The Final Inspection Date (Projected and Actual) is entered into AWP by the Project Office.

9. 060 Date Final Plans Check is Complete (FPC) - The Final Plans Reviewer will enter this Actual date after completing the review of the final plans and passing them for final payment.

10. 040 Date Final Plans Recvd at District (FPR) - The Projected date that final plans should be completed by the project office is entered by the District Final Plans and Reports Processor immediately following Final Inspection. The projected date should be based on guidance in #8 above. After the project office completes the final plans, the RE shall notify the DFP&RP by email that the project is complete and ready for review by the district. After confirming all final documents are present in eProjects, the DFP&RP shall enter the Actual date final plans were received by the district.

11. Letting Date (LETD) - The date on which bids for the project are accepted and opened publicly by MoDOT. Date passes into AWP during the transition from Preconstruction to Construction.

12. 030 Project Data ready for Matls Summary (MCF) - The Projected and Actual date is entered by the project office when the last change order is approved or when it is determined that the current contract quantities are final. The date is used to notify district materials personnel that the materials summary may be completed.

13. Notice to Proceed Date (NTP) - The date on or before which prosecution of the work is to begin. This date is specified in the contract and is generally about 60 days after letting. If the contractor does not begin work by this date, the count of working days begins on this date. If the contractor starts before this date, the count of working days begins when the contractor starts work. Date passes into AWP during transition from Preconstruction to Construction.

14. Open to Traffic Date (OPTF) – Leave this field blank except for special program projects that are designated by the Division to have the “opening” date documented. When required, this date serves as a measure of progress towards completion of the special program. Smooth Road Initiative and Focus on Bridges are examples of past programs that required tracking of the Open to Traffic date. The Division will let the REs know what programs require tracking and what parameters constitute the project as being “Open to Traffic”.

15. 110 Date Received from DBE (RDBE) - The Final Plans Reviewer enters this Actual date when the final plans are received from External Civil Rights after their review.

16. 095 Materials Summary Approved by HQ (SAH) – The Actual date is entered by the Division of Construction and Materials after the materials summary is approved.

17. 100 Date Sent to DBE (SDBE) – The Final Plans Reviewer enters this Actual date when the final plans are sent to External Civil Rights for their review.

18. 080 Materials Summary Submitted to HQ (SSH) - Actual date is entered by District Materials when the materials summary is completed, uploaded to eProjects and available for review by the Central Office.

19. Work Begin Date (WKBG-DT) - This is the actual date the contractor begins work and is used by AWP as the start date for the count of contract time. This date is entered by the Project Office.

108.16.2 Contract Site Times

Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: AWP CO Contract Times and Change Order Time Extension.