POLICY: It is important that the language and the quantities contained in the Supplemental Agreement be precise. The Local Government Agency (LGA) must verify that the Supplemental Agreement is within the scope of work for the contract and the work is necessary to complete the project.
|
A Supplemental Agreement is an agreement between the LGA and the Contractor that amends the contract as necessary to satisfactorily complete the proposed construction. The information contained in the Supplemental Agreement becomes a part of the contract documents.
The LGA must obtain concurrence from NCDOT prior to executing the Supplemental Agreement with the Contractor. Failure to gain concurrence may result in non-reimbursement for the project-related costs associated with the Supplemental Agreement. If the Supplemental Agreement is required, the LGA should verify that funding is available for these costs through the Agreement for the project.
When the LGA and/or NCDOT are not in agreement with the Contractor's prices, NCDOT may authorize the LGA to utilize Force Account provisions (Article 109-3 of the Standard Specifications).
Procedure
Preparing a Supplemental Agreement:
- Review the
Supplemental Agreement Chart to determine what is needed
- The LGA/Contractor identifies potential extra work or change in scope (in accordance with
104-3 or
104-7 of the NCDOT Construction Manual)
- The LGA investigates the validity of the extra work in consultation with the NCDOT Division
- If valid, the LGA negotiates pricing (to include labor rate, equipment rates, material quotes, and estimated time), using
Form 880
- The LGA submits the completed Form 880 and supporting documentation through the
Enterprise Business Services (EBS) Portal as Document Type: “CON_Supplemental Agreement with Contractor”
- Receive concurrence/approval from NCDOT
