Minnesota Department of Transportation

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Construction Tools, Supplemental Agreements

Determining which Supplemental Agreement to use

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Supplemental Agreement

There are two types of Supplemental Agreements (SA). Which one you use depends on the urgency of getting the supplemental work started.

SA Types

Standard SA - use when there is time to execute the SA, get the appropriate original signatures and encumber funds before beginning work. 

SA Part A and Part B - use when work needs to be authorized quickly.

  • Part A: Work can start sooner since this method allows simpler language while also encumbering money.
  • Part B: Must be written within 45 days after execution of Part A (some exclusions apply). Needs more details and a justification letter.

SA Forms

Standard SA

Part A SA

Part B SA

SA Justification Letter

SA Justification letter required with all Standard SA and Part B SA.

SA Sample language

Download the desired sample and paste it onto an SA form.  Replace the underlined phrases and quest ion marks with the appropriate information. Since each SA is a legal document, submit a draft of your SA to the SA Tech before getting Contractor's signature.

Situation When to Use

2461 Specification Change

 

Special Provision Modification

 

SA Justification Letter

To incorporate 2461 “Structural Concrete” specification from 2016 spec book into active contracts using 2014 Standard Specifications – 2461, “Structural Concrete.”

Also changes to ASTM gradations.

Claims

Discuss all claims with the Claims Engineer at 651/366-4219.

Situation When to Use
Claim with Exceptions After settling as many of Contractor's claims as possible.  Remaining claims can be brought up for alternative dispute resolution.
Claim at End of Project For multiple claims and issues settled at the end of a project

SA Process

OCIC – Office of Construction and Innovative Contracting
OCC – Office of Chief Counsel
CMS – Contract Management System

SA - Part A


Step

Responsible Entity

Action

1*

Project Engineer

Determine Contract Change is warranted
Negotiate with Contractor
Verify Math
Obtain signatures from PE, ADE, Contractor, and Local agency (if needed)
Send scanned document via email to ContractChanges-Enc

2

OCIC Contract Change Specialist

Check language
Approve prices
Enter into CMS
Determine distribution list (Finance, FHWA, Tech Support, Metro Finance)
Enter into Workflow allowing for electronic signatures

3

OCIC Project Controls Review

In workflow, review contract time aspects of SA (if needed)

4

OCIC Claims Engineer

Review language, if not acceptable, return to originator

5

MnDOT Finance

If funds needed, create SWIFT encumbrance

6

OCIC (delegated authority for Commissioner of Transportation)

Electronically sign SA

7

OCC (delegated authority for Commissioner of Department of Admin.)

Electronically sign SA

SA Part A is fully executed. The approval date is date of OCC signature.

8

OCIC Contract Change Specialist

Update tracking in CMS
Notify District of execution
Store electronically
Clean out email box

9

District Construction Staff

Files SA
Distribute to District Management as determined by District
Create Backsheet pay item(s) in proper groups and with proper Fed-part designation (No pay lines are created by OCIC for Part A SAs)
Document and pay for Revised Work

10

Project Engineer

Write Part B within 45 business days (some exceptions apply)
Write justification letter
Follow process for PartB/Standard SA

*OCIC will review draft documents, prior to signature gathering, at Engineer’s request.

SA – Standard and SA Part B


Step

Responsible Entity

Action

1*

Project Engineer

Determine Contract Change is warranted
Negotiate with Contractor
Verify Math
Obtains signatures from PE, ADE, Contractor, and Local agency (if needed)
Write SA justification letter
Send scanned document via email to ContractChanges-Enc

2

OCIC Contract Change Specialist

Check language
Approve prices
Enter into CMS
Determine distribution list (Finance, FHWA, Tech Support, Metro Finance)
Enter into Workflow allowing for electronic signatures

3

OCIC Project Controls Review

In workflow, review contract time aspects of SA (if needed)

4

OCIC Claims Engineer

Review language, if not acceptable, return to originator

5

MnDOT Finance

If funds needed, create SWIFT encumbrance

6

OCIC (delegated authority for Commissioner of Transportation)

Electronically sign SA

7

OCC (delegated authority for Commissioner of Department of Admin.)

Electronically sign SA

SA is fully executed. The approval date is date of OCC signature.

8

OCIC Contract Change Specialist

Update tracking in CMS
Notify District of execution
Store electronically
Update Master File
Clean out email box

9

District Construction Staff

File SA
Distributes to District Management as determined by District
Document and pay for Revised Work on downloaded pay lines

*OCIC will review draft documents, prior to signature gathering, at Engineer’s request.

SA Reasons

Entitlement codes and explanations for use on Justification letters.

A Justification letter required with all Standard SA and Part B SA.