136.13 LPA Policy Changes
From Engineering Policy Guide
8/21/15: In the third paragraph of EPG 22.214.171.124 Step 5 - Selection of Consultant, guidance was clarified by eliminating vagueness about the necessity for local public agencies to submit review forms and comments about rating firms.
8/20/15: In EPG 136.3 Federal Aid Basics, three contracts were updated (Fig. 136.3.5, HS 4, Safe Routes to School Program Agreement, Fig. 136.3.9, FS 13, Off-System Bridge Replacement and Rehabilitation Program Agreement and Fig. 136.3.21, BR11, BEAP Hourly Rate Contract.)
8/19/15: The final bullet (about listing the parcel numbers and names of owners of all parcels acquired) in EPG 126.96.36.199.3 Required data to be submitted with clearance certification was deleted to reflect the changes already done in Form 136.8.8, Clearance Certification Statement.
7/27/15: In EPG 188.8.131.52.1.5 Suspension and Debarment Certification, the outdated A Listing of Parties Excluded from Federal Procurement and Non-procurement Programs link was replaced with a new, useful link to System for Award Management.
7/16/15: In the big, gray "Additional Information for MoDOT Employees" box in EPG 136.3.13 Agreements, an old link to CCO's intranet was updated to their new SharePoint site. LPAs will not be able to access the SharePoint site (just like they were not able to access the intranet site). Two EPG article links were also added. Fig. 136.9.3, Federal Project Bid Proposal Boilerplate was updated with a new link to the Affidavit of Compliance in Section 10.
6/30/15: Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects, was updated to correct a technical issue and to reference recently developed bridge documentation standards.
6/22/15: Fig. 136.11.13, Job Bulletin Board Checklist was updated.
6/19/15: In EPG 136.3 Federal Aid Basics, links to numerous contracts were updated. A new link to contract FS 13-SUP BRO Supplemental Agreement (Fig. 136.3.28) was also made available.
6/16/15: To eliminate confusion, a reference in EPG 184.108.40.206 Material Acceptance to one of the types of sampling and testing (a combination of certification documentation, delivery tickets and visual inspection) was deleted.
6/12/15: In EPG 220.127.116.11 Material Acceptance, the Small Material Quantity Acceptance Table was removed. Current info is available at EPG Off-Systems Guide Schedule for Federal-Aid Acceptance Sampling and Testing (FAST).
6/12/15: Both guidance in EPG 18.104.22.168.3.2 Consideration of DBE for On-Call Contracts and Fig. 136.4.1, Engineering Services Contract were updated to show that the engineer is required to submit Good Faith Efforts documentation for all agreements greater than $50,000. The engineer must also document Good Faith Efforts made to achieve that DBE goal if the agreed percentage specified is less than the percentage stated.
6/9/15: A very minor change (adding "LPA" to the title) was made to Fig. 136.6.11, LPA Floodplain Development Permit so that this form will not be confused with MoDOT's other Floodplain Development Permit/Application form.
6/8/15: In EPG 22.214.171.124 Bridge (Structure) Submittals, a third paragraph was added (per Sec 126.96.36.199) to provide guidance that a notification of demolition 10 days prior to start is required; also renovation or demolition requires hazardous waste reports and must be in the bid proposal. Fig. 136.9.1, Final PS&E Submittal Checklist, was also updated to reflect these revisions.
5/29/15: A new file, Fig. 136.11.16, Approved Contract Administration Software, is now available in the second paragraph of EPG 188.8.131.52 Project Diaries. The file was introduced to identify systems that secure diaries.
5/22/15: Fig. 136.3.1, Programming Data Form, was revised by adding questions about the need for right of way. Also, Fig. 136.3.3 Utilities Scoping Checklist was renumbered as Fig. 136.7.8, Utilities Scoping Checklist, and moved to EPG 184.108.40.206.1 Utility Relocations.
5/12/15: Several links in EPG 220.127.116.11.2 Job Special Provisions were updated to the new SharePoint link for JSPs. Once you are in the new site, just scroll down a little and you will see all the LPA JSPs.
5/4/15: In Fig 136.4.1, Engineering Services Contract, the good faith effort requirements of #7 under Attachment E (on pg. 19) was modified. The Engineer is now required to submit the Good Faith Efforts documentation illustrating reasonable efforts to obtain DBE Participation.
4/23/15: EPG 18.104.22.168 Prompt Payment Policy was added, in accordance with Missouri law. The existing EPG 22.214.171.124 Policy Enforcement was renumbered as EPG 126.96.36.199.
4/22/15: In EPG 188.8.131.52 Step 2 - Creating an RFQ Document, the reference to E-Verify was removed from the first bulleted item.
4/20/15: In EPG 136.11.9 Commercially Useful Function (CUF), the DBE Truckers Interview Form was removed from use in the CUF interview.
4/20/15: In the first paragraph of EPG 184.108.40.206 Acquisition Authority, the guidance was clarified to state that the LPA may talk to the property owners about the project prior to the issuance of an A-Date. They can’t do appraisals, make offers, etc., until the A-Date is issued. Some LPAs were under the impression that they were not allowed to tell property owners anything about a project until they had an A-Date.
- If the project has a State Number correlated with it, list it on the Obligation Form after the Federal Aid Number
- Estimated Award Date – Enter the date the Construction Contract Award Date is anticipated.
- Travel way ID: Route, Beginning Log Point & Ending Log Point
- Railroad Impacts – Is the project going to have Railroad Impacts? (Drop Down) Yes or No
- Utility Clearance – Is the project going to have Utilities Impacts? (Drop Down) No Impacts, Conditional Clearance, or Entire Clearance
- Construction Completion Date - Enter the date the construction will be complete is anticipated.
- To Auto Calculate, highlight the $0.00 on Total Estimate or Bid Amount and Press F9.
3/25/15: Fig. 136.4.11, Consultant Selection & ESC Submittal Checklist, was udpated with the new link to MoDOT's Approved Consultant Prequalification List.
3/20/15: The new subarticle, EPG 220.127.116.11.4 Buy America for Utilities, provides clarification on Buy America requirements for utility relocation.
3/19/15: Fig. 136.4.1 Engineering Services Contract was revised by removing the Attachment C-Overhead Rate Breakdown from the contract.
3/17/15: A new sentence was added to the first paragraph of EPG 18.104.22.168 Dedications to further clarify the documentation needed when property or property rights are dedicated to an LPA.
3/6/15: Fig. 136.11.5, DBE Subcontract Worksheet and Fig. 136.11.6, Contractor’s Instructions for Filling out Request to Subcontract Work were updated to correct DBE allowance language.
2/26/15: In EPG 22.214.171.124 Acquisition Authority and the second paragraph of EPG 126.96.36.199 General, guidance has been expanded for the streamlined documentation process for the acquisitions of LPA projects. Two new forms, Right of Way Acquisition Schedule (Form 188.8.131.52) and Right of Way Acquisition Schedule Instructions (Form 184.108.40.206.A) were added and Acquisition Authority Request (Form 136.8.1) was updated.
2/23/15: A typo in Form 136.8.20 LPA Project Acquisition Monitoring Checklist was corrected.
2/20/15: In the first paragraph of EPG 220.127.116.11's item #1, MoDOT's QC/QA Off-Systems Guide Schedule for FAST table is now to be used as a minimum for material acceptance. In item #1's second paragraph, certification card must now be on hand during sampling and testing. In item #2, independent assurance samples and test will be required of the LPA or the LPA's consultant. Also, in EPG 136.11.20's item #3, a final list of acceptance testers used on the project must now be provided by the LPA.
1/28/15: A minor correction was made to the title of EPG 18.104.22.168.4 Uniform Residential Appraisal Report (URAR) and Addendum by replacing "Approval" with "Appraisal".
1/8/15: Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, was updated with the new link to the ADA checklist.
12/31/14: In EPG 136.9 Plans, Specs and Estimates (PSE), Fig. 136.9.3 Federal Project Bid Proposal Boilerplate was updated to add reference to two JSPs: LDs Specified for Winter Months and Safety Requirements. Further, EPG 22.214.171.124.2.1.10 Safety Apparel Requirements was added because the new Safety Requirements JSP is now required when a project is on MoDOT’s right of way.
11/26/14: In Fig. 136.4.1 Engineering Services Contract, the title of Attachment E was changed on pg.9 to reflect the actual title of the Attachment on pg. 17. Fig. 136.9.1 Final PS&E Submittal Checklist was revised to reflect that all plan sheets are signed and sealed by the engineer of record.
11/20/14: In EPG 136.3.12 Federal-aid Participation for Local Work, more specifically in both the fourth paragraph of EPG 126.96.36.199.4 Procedures and the fifth paragraph of EPG 188.8.131.52.5 Procedures, guidance was revised to clarify change orders and supplements. Guidance now emphasizes that scope and estimates are to be complete and accurate.
11/17/14: In EPG 136.8 Local Public Agency Land Acquisition, two forms were updated: Fig. 136.8.8 Clearance Certification Statement and Fig. 136.8.20 Project Acquisition Monitor Checklist.
10/16/14: In the third paragraph of EPG 184.108.40.206.2 Approval of Contract, a sentence was removed that had stated that a current real estate agent is required in Missouri.
9/26/14: In the first paragraphs of EPG 136 Local Public Agency (LPA) Policy, references to Safe Routes to School were removed and references to MAP-21 were added.
9/25/14: Three forms were updated in EPG 136.8 Local Public Agency Land Acquisition: Form 136.8.25 Sample Donation Letter and Waiver of Appraisal, Form 136.8.26 Sample Letter Offer (Payment Estimate) and Form 136.8.27 Sample Letter Offer (Value Finding or Standard Format Appraisal).
9/23/14: The consultant contract limit of the $100,000 total for on-call contracts was clarified in a recent video conference. The second paragraph of EPG 220.127.116.11.3 Using the LPA On-Call Consultant List was clarified to indicate the total on-call cannot exceed $100,000 for the project.
9/12/14: Guidance in the first paragraph of EPG 18.104.22.168.4 TEAP Process and Timeline and the second to the last paragraph in EPG 22.214.171.124.5 Funding was updated to reflect that Traffic Division is no longer involved in the TEAP process for LPA project solicitation
8/28/14: Fig. 136.6.7 Memorandum of Agreement for Migration of Adverse Effects was further corrected as a reference to a previous law, STURAA, was replaced with the new law MAP-21.
8/27/14: The two State Wage Rates links from the MO Dept of Labor were updated in EPG 126.96.36.199 Links to Other Resources. Also, in EPG 136.6 Environmental and Cultural Requirements, Fig. 136.6.7, Memorandum of Agreement for Migration of Adverse Effects was corrected by moving the location of a statement about stipulations.
8/22/14: Fig. 136.9.3 Federal Project Bid Proposal Boilerplate was revised by adding a drafter's note to provide guidance for highlighted sections. Language to define the contracting authority was also added.
8/8/14: EPG 136.11.20 Project Closeout Certifications now reflects that project closeout certifications are to be electronically received 60 days of the Final Inspection date.
8/8/14: In EPG 188.8.131.52.1.3 Bid Guaranty, the guidance about the bid guarantee amount was clarified so as to not burden the contractor with high bid bonds. Dollar amounts for bid bond requirements are not to be used.
8/7/14: Updated the Roster of Approved Contract Negotiators.
8/6/14: A new version of the Request for a Finding in the Public’s Interest sample letter was provided in EPG 184.108.40.206.
7/29/14: Fig. 136.3.19 Current BEAP Consultant List was updated again.
7/17/14: In Item #1 under the seventh parapraph of EPG 220.127.116.11 Use of Bridge Soft Match Credit, the new Fig. 136.3.27 Example of a Soft Match Credit Transfer Request has been referenced in a brief sentence. Also, in EPG 18.104.22.168 Bridge Engineering Assistance Program (BEAP), both Fig. 136.3.19 Current BEAP Consultant List and Fig. 136.3.20 BEAP Project Tracking Form were updated.
6/23/14: Updated Clearance Certification Statement (Form 136.8.8).
6/13/14: Updated the Roster of Approved Contract Negotiators.
6/11/14: In EPG 22.214.171.124.1 Step 1, Determine Need for Cultural Resource Investigations, the promised FHWA "Bridge Program Comment Excepted Bridges List" website is now available.
5/29/14: Updated the Sample Donation Letter and Waiver of Appraisal, Form 136.8.25.
5/22/14: Updated the Roster of Approved Contract Negotiators.
5/13/14: Fig. 136.3.18 Construction Reimbursement Form was updated. Also, Fig. 136.8.20 Project Acquisition Monitor Checklist verbiage was tweaked to include more uniform act check items.
5/12/14: A very minor correction in EPG 136.11 Local Public Agency Construction's Small Material Quantity Acceptance Table. Now, the AC is shown to be measured in tons and PCC measured in cubic yards.
4/30/14: EPG 126.96.36.199.3.3 Consultant Evaluations for On-Call Services was clarified to show who signs the LPA On-Call Consultant Evaluation and what happens to this document afterwards.
4/28/14: Fig. 136.4.6 List of Unallowable Costs was updated in EPG 136.4 Consultant Selection and Consultant Contract Management.
4/21/14: In EPG 188.8.131.52 Invoices, and the first paragraphs of both EPG 184.108.40.206 Progress Invoices and EPG 220.127.116.11 Payments/Invoicing, the $10,000 requirement for invoicing was removed. It had been replaced with the requirement to invoice at least one time per month but not more often than every 2 weeks. Also, in EPG 18.104.22.168 Consultant Performance Appraisals, a requirement was implemented for the LPA to evaluate the consultant upon completion of work if they were hired by a standard solicitation. Thus, a "should" was replaced with a "must" in the first sentence.
4/15/14: At the bottom of EPG 136.11.20 Project Closeout Certifications,"MoDOT will certify the dates on which any on-site inspections were made" was deleted.
4/1/14: In the second paragraph of EPG 22.214.171.124.1.10.1 Federal Wage Rates, the Dept. of Labor's link and associated information was updated.
3/31/14: In Fig. 136.9.4 ADA Checklist, two items were clarified, two more items were removed to better align with Access Board’s PROWAG info. PROWAG references were also added to assist users in finding further information on the US Access Bd. website.
3/19/14: Near the top of EPG 126.96.36.199.1 Step 1, Determine Need for Cultural Resource Investigations, guidance was added that defined LPA jobs with "No Potential to Cause Adverse Effects" and that do not need a Sec 106 submittal to the SHPO.
3/18/14: In the second paragraph of EPG 188.8.131.52.3 Using the LPA On-Call Consultant List, a sentence was added to tell the LPA to write a scope for the consultant and produce an estimate to determine whether the project is eligible for the on-call list.
3/11/14: A minor clarification of titles was made at the bottom of Fig. 136.9.4 ADA Checklist. "Resident Engineer" and "Area Engineer" were replaced with "Engineer of Record".
3/10/14: In EPG 136.10.8 Award, it was clarified that the copies of the contact and associated files to be submitted to the District Contact must be electronic copies.
3/7/14: In EPG 184.108.40.206.3.1 Selecting a Consultant from the LPA On-Call Consultant List, it was clarified that it is not mandatory for LPAs to consider at least 3 firms for each project when reviewing the LPA On-Call Consultant List.
3/6/14: A link was inserted for the LPA On-Call Consultant List in three locations in EPG 220.127.116.11 Traffic Engineering Assistance Program (TEAP).
3/5/14: EPG 136.3.18 TAP was moved to EPG 18.104.22.168 TAP and the subsequent EPG 136.3.8 subarticles were renumbered accordingly. The eligible project sponsor information at the bottom of the newly renumbered EPG 22.214.171.124.2 Project Eligibility and Selection was deleted and replaced with a link to EPG 126.96.36.199 Project Sponsor Eligibility to ensure consistency in the definition of eligible sponsors.
2/24/14: New guidance is now available for the LPA On-Call Consultant List at EPG 188.8.131.52.3 Using the LPA On-Call Consultant List. Additional revisions were made in EPG 184.108.40.206 Step 1 – Scope of Services, EPG 220.127.116.11 Step 2 - Creating an RFQ Document and EPG 18.104.22.168 Step 3 - Advertising the RFQ Solicitation for this new list. A new form, Fig. 136.4.19 LPA On-Call Consultant Evaluation, has also been introduced.
2/18/14: Fig. 136.8.1, Acquisition Authority Request was updated.
2/4/14: Fig. 136.9.3 Federal Project Bid Proposal Boilerplate was updated by removing the requirement for using our template bid bond. Also, "lien waver" was added to the list of documentation examples in #4b of EPG 136.11.20 Project Closeout Certifications.
1/31/14: In Fig. 136.4.15, a misspelled word was corrected.
1/30/14: The definition of County Aid Road Trust (CART) Funding was added to EPG 136.12.2 Glassary.
1/29/14: In EPG 22.214.171.124 Links to Other Resources, the ADAAG links were updated.
1/28/14: In EPG 126.96.36.199 Design Exceptions, a minor clarification was made to the guidance for the engineer of record submitting the approved design exception to the MoDOT District Contact. It was made clear that the approved design is to be submitted only for projects on MoDOT's system.
1/10/14: Fig. 136.3.19, Current BEAP Consultant List was updated.
1/9/14: New guidance, EPG 188.8.131.52 Transportation Alternatives Program (TAP) is now available. TAP includes the pre-MAP-21 programs of Transportation Enhancements, Recreational Trails, Safe Routes to School and Scenic Byways. A brief listing of links, EPG 136.3.17 Emergency Relief is also new. Other minor revisions (such as the definitions of MAP-21 and TAP) arising from MAP-21 were made in EPG 136.1.1 Background and Purpose and EPG 136.12.2 Glossary.
12/18/13: Additional environmental documentation of FHWA approval is now required under Section One of the Acquisition Authority Request (Form 136.8.1).
11/4/13: Fig. 136.11.1, General Guidelines for LPA Preconstruction Conference, was updated to include "land disturbance permit" as part of the pre-construction conference topics.
10/18/13: Guidance in EPG 184.108.40.206 Value Engineering was updated to comply with MAP-21, the federal surface transportation law. Now, National Highway System (NHS) projects costing at least $50,000,000 and NHS bridge projects costing at least $40,000,000 require a Value Engineering (VE) study. (Previously, VE studies were required for NHS projects costing $25M and NHS bridge projects costing $20M.) Design/Build projects are exempt from this VE study requirement.
10/11/13: EPG 220.127.116.11 Progress Invoice was moved to EPG 18.104.22.168 to reflect the federal definition of Reasonable Progress. There was no change in policy.
10/1/13: EPG 906 TEAP has been moved to EPG 22.214.171.124 Traffic Engineering Assistance Program (TEAP). The modified EPG language reflects Design Division timelines and processes. One of the main process changes is that the TEAP studies will be provided through on-call consultants. (Local agencies will select a consultant from an approved list of on-call consultants to complete a TEAP study for them.) The TEAP application has also been completely revised to resemble other DE or LPA standard applications. In FY 2014, the Traffic & Highway Safety Division and the Local Programs group will partner to administer TEAP. The TEAP processes and timelines will remain the same. In FY 2015, the administration of TEAP will be through the Local Programs group.
9/27/13: In EPG 126.96.36.199.1 Utility Relocations, new guidance has been provided for the Utility Status Letter to be prepared by the LPA.
9/24/13: The format, not the content, of Fig. 136.4.7, Sample Solicitation & Sample Scope of Services was updated.
9/23/13: In EPG 136.10.8 Award, guidance including three new files was added to provide sufficient documentation so LPA can produce an actual contract. Also, Fig. 136.9.3, Federal Project Bid Proposal Boilerplate was updated to include sample contract forms.
9/20/13: In the EPG 136.6 sidebar, at the top of the article, a link to the Advisory Council on Historic Preservation's Section 106 Applicant Toolkit was added under "Other Figures and Information for EPG 136.6". It applies to all federally funded or permitted projects, and gives a good background on the Section 106 process.
9/18/13: A typo was corrected in Fig. 136.9.5, LPA Certification of PS&E.
9/12/13: In EPG 188.8.131.52 Consultant Qualification, the link to the Uniform Audit & Accounting Guide was updated to the 2012 edition of this publication.
9/11/13: Very minor editorial revisions were made to Figs. 136.4.9 (Local Sponsor ESC Sample Cover Letter), 136.8.25 (Sample Donation Letter & Waiver of Appraisal), 136.8.26 (Sample Letter Offer – Pay Estimate) and 136.8.27 (Sample Letter Offer – Value Finding).
9/9/13: In EPG 184.108.40.206 Consultant Qualification, a note was added to Point #2 to clarify whether the Certificate of Authority is required.
9/6/13: In EPG 136.8 Local Public Agency Land Acquisition, several forms (Form 136.8.25 Sample Donation Letter & Waiver of Appraisal, Form 136.8.26 Sample Letter Offer – Pay Estimate and Form 136.8.27 Sample Letter Offer – Value Finding) were updated due to a request from FHWA.
9/5/13: A minor clarification was made in EPG 220.127.116.11 Consultant Qualification. Point #2 was expanded to show that the consultant will be required to have a Certificate of Good Standing and hold a certification of authority from the MO Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects.
8/21/13: At the bottom of EPG 18.104.22.168 Stormwater and Erosion Control, a minor reference to EPG 806.8 SWPPP was added for greater convenience.
8/20/13: The Missouri Local Technical Assistance Program link was updated in EPG 22.214.171.124.
8/19/13: The link to newest 7/2012 Request to Subcontract Work Form was updated in EPG 136.11.8.
8/6/13: Subconsultant requirements were updated in Fig. 136.4.14, Checklist for reviewing Consultant Contracts.
7/12/13: The BEAP Consultant List was updated.
7/11/13: Revisions made to EPG 126.96.36.199.3.1 Subconsultant cost exceeding $25,000 and EPG 188.8.131.52 MoDOT Review of Consultant Contract result from MoDOT's Audits and Investigation Division ceasing the pre-negotiations reviews and shifting the reviews to project managers and/or contract administrators. Also updated the checklist in Fig. 136.4.14, Checklist for reviewing Consultant Contracts to be more helpful.
7/8/13: In EPG 184.108.40.206.3 Subconsultants, the MRC form was replaced with the new Consultant Certification of Indirect Cost form.
7/5/13: Fig. 136.3.20, BEAP Project Tracking Form, was updated.
6/26/13: Some minor formatting issues were addressed in Fig. 136.4.1, Engineering Services Contract .
6/25/13: EPG 754 BEAP info was slightly modified and moved to EPG 220.127.116.11 Bridge Engineering Assistance Program (BEAP).
6/25/13: In EPG 18.104.22.168 Federal Law, a minor clarification of the italicized text from "federally funded projects" to "projects that utilize Federal Aid Highway Program funds for engineering". Also, in Fig. 136.4.10, LPA Consultant Services Invoice, more spaces were added for direct salaries in the invoice.
6/18/13: Three links (to BRO and Soft Match Balances, DBE Submittal Forms and Disadvantaged Business Enterprises) were removed from EPG 22.214.171.124. Also, EPG 136.12 Figures and Glossary was retitled to EPG 136.12 Figures, Glossary and Other Useful Links.
6/17/3: In Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, the acceptance for provision for asphalt cement price index, seal coat price index, underseal price index and UBAWS membrane price index was updated.
6/13/13: In EPG 126.96.36.199.1 Step 1, Determine Need for Cultural Resource Investigations, Post-1945 Bridge information was added to allow the exemption of some bridges from the Sec 106 review.
6/11/13: Incorrect references to "consultant" were replaced with "engineer" in Fig. 136.4.1, Engineering Services Contract.
6/10/13: An updated table of approved Missouri Scenic Byways was added to EPG 188.8.131.52.2 Project Eligibility and Selection. Also, in both EPG 184.108.40.206.1 Responsive Bid and EPG 220.127.116.11.3 DBE Submittal Form Review, the DBE requirements at bid opening were clarified.
6/6/13: In EPG 18.104.22.168 Step 4 - Response to the RFQ, the requirement to send the e-verify with each letter of interest was removed. MoDOT now requires firms to be prequalified and part of prequalification is the e-verification of documents. Also, a minor correction was made to the revision date of Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
6/5/13: The How-To Tutorial for MoDOT's Consultant Standard Prequalification Process is now available. Also now available are links to the Standard Prequalification Process and Safe Harbor Indirect Cost Rate (SHR) Prequalification Process.
6/4/13: A minor correction was made to Fig. 136.6.8, LPA Section 4(f) Compliance Worksheet for Public Lands. (In the figure, Item 13 was changed to Item 15 under Question 5.) Also, the link to the Roster of Approved Contract Appraisers was updated in EPG 136.8 Local Public Agency Land Acquisition.
5/31/13: In EPG 22.214.171.124.3.2 Subconsultant cost NOT exceeding $25,000, new guidance clarified that a subconsultant charging less than $25K must also submit the Management Representation and Certification Form.
5/30/13: Information was added to Fig. 136.4.7, Sample Solicitation & Sample Scope of Services and Fig. 136.4.14, Checklist for reviewing Consultant Contracts ensuring hazardous waste inspections and reports were being done. Also, EPG 136.4.4 Construction Engineering (CE) and Construction Administration having links to EPG 136.11 was added. The former EPG 136.4.4 was renumbered as EPG 136.4.5 Key Submittals/Requirements. Finally, a minor revision was made to Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
5/21/13: In EPG 136.7.6 Public Hearings, it was clarified that the approved preliminary plan is to be available for public viewing/display during the 21-day advertisement period.
5/17/13: Minor clarification was added to Fig. 136.9.1, Final PS&E Submittal Checklist, and Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
5/16/13: New guidance about contract execution timeframe has been provided in EPG 126.96.36.199.5 Contract Execution.
5/15/13: Fig 136.4.8, District Representative ESC Cover Letter, was removed since this form is no longer required.
5/14/13: The name of a figure was updated in Fig. 136.9.1, Final PS&E Submittal Checklist.
5/10/13: At the bottom of EPG 188.8.131.52.2, EPG 184.108.40.206.2 and EPG 220.127.116.11.2, convenient links for additional guidance for STP and CMAQ funds were added to guidance having to do with project eligibility and selection.
5/9/13: In Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, the checkbox for "all e-verify information" on the bidders checklist was removed since the e-verify information is only a requirement prior to award and is not required to be submitted with the bids.
5/3/13: In EPG 136.10.8 Award, expanded and clarified guidance for what the LPA should submit to the district after the LPA executes the contract. Also, a minor clarification was made to the title of Fig. 136.11.1, General Guideline for LPA Preconstruction Conference.
5/2/13: A very minor update was made to Fig. 136.4.1 ESC. Also, in EPG 136.8 Local Public Agency Land Acquisition, updated the links to both the Roster of Approved Contract Appraisers and Roster of Approved Contract Negotiators.
4/30/13: Fig. 136.4.7, Sample Solicitation & Sample Scope of Services, was updated with a minor revision.
4/15/13: A convenient link to CUF red flags was added in EPG 136.11.9 CUF. Also, guidance was added in EPG 136.11.20 Project Closeout Certifications, 4b for the LPA to provide documentation that each DBA was paid in full. This type of DBE documentation may include a letter, e-mail or copies of reimbursement checks.
4/4/13: Some references within the checklist of Fig. 136.4.14, Checklist for reviewing Consultant Contracts, were updated.
4/2/13: A very minor update (a new logo) was made to Fig. 136.4.8, District Representative ESC Cover Letter.
3/27/13: A very minor update was made to Fig. 136.4.1 ESC.
3/20/13: Fig. 136.4.14, Checklist for Reviewing Consultant Contracts, was revised with updated document references.
3/12/13: Information regarding the page limits for the letter of interest was updated in Fig. 136.4.7.
2/28/13: In Fig. 136.4.9, a sentence was added regarding a city not being staffed to do engineering work and the need to hire a consultant.
2/26/13: Fig. 136.4.7, Sample Solicitation & Sample Scope of Services was updated to include "right of way plans" in the sample scope of services.
2/25/13: EPG 136.11.12 Construction Administration was re-titled (from "EPG 136.11.12 Consultant Construction Engineering Services") and expanded to give more guidance on construction administration expectations.
2/21/13: EPG 18.104.22.168 was retitled "ADA Checklist" (from "ADA Certification and Checklist"), a minor change.
2/8/13: Fig. 136.9.3 was updated with minor corrections.
2/4/13: In Fig. 136.4.11, the conflict of interest line item was added.
2/4/13: In EPG 22.214.171.124 Project Sponsor Eligibility, the definition of an eligible sponsor for federal aid transportation projects was clarified. This change allows MoDOT to focus our limited resources on public agencies that have public accountability and typically have the internal structure and knowledge to deliver a federal aid project. Project sponsors must be a city, county or transportation related government agency to be eligible to administer a federal aid transportation project. All other entities including, but not limited to, school districts and not-for-profit agencies must partner with a city or county to apply for and/or administer a federal aid transportation project.
2/1/13: In several locations in EPG 136.4 Consultant Selection and Consultant Contract Management, clarification of the criteria for prequalifying a consultant for MoDOT and LPA work. Info that was added back on 11/1/12 was removed, among other updates to EPG 126.96.36.199 Consultant Qualification, EPG 188.8.131.52 Conflict of Interest, EPG 184.108.40.206 Step 4 - Response to the RFQ and EPG 220.127.116.11 Step 5 - Selection of Consultant. Also, Figs. 136.4.7, 136.4.8, 136.4.9, 136.4.11 and 136.4.14 were updated to reflect the new consultant prequalification requirements. The How to Evaluate PowerPoint tutorial was updated. Finally, Fig. 136.4.1 Engineering Services Contract was updated to include the following sections:
- Added prompt payment language
- Added suspension and termination language
- Added lobbying certification language
- Added OPTIONAL insurance language
- Added the Conflict of Interest Form as Attachment G
- Added ADA certification language (no longer have to use a separate ADA certification form, which was Fig. 136.9.12).
1/29/13: In EPG 18.104.22.168.2, the old Fig. 136.9.4 was updated to the correct, current figure.
1/28/13: In Item "b" of Step 2a. The Cultural Resource Survey in 136.6 Environmental and Cultural Requirements, guidance has been added to conveniently provide SHPO architectural survey info.
1/22/13: A very minor clarification to EPG 22.214.171.124.4 (a reference to Fig. 136.3.17 was added).
1/17/13: Fig. 136.9.11, Example Estimate, has been added. This estimate is broken down into the required categories for payment.
1/16/13: Some of the verbiage in the second paragraph of EPG 126.96.36.199 CE Funding Obligation was clarified.
1/15/13: In EPG 188.8.131.52 Change Order Documentation, guidance about whether re-designs are eligible for federal participation was clarified. A similar, smaller clarification was also made in #7 of EPG 136.3.15 Reimbursement and Auditing.
12/27/12: In EPG 136.11 Local Public Agency Construction, updated references to Fig. 136.11.9 from "Contractor Certification" to "Contractor DBE Certification".
12/21/12: A note was added to Fig. 136.4.17 about PE ceiling or CE ceiling amounts.
12/10/12: EPG 184.108.40.206.1.11 E-Verify Affidavit & MOU was updated. (The bid proposal must now state that the E-verify affidavit and MOU must be submitted prior to award of the contract.) Also Fig. 136.9.3, Federal Project Bid Proposal Boilerplate was clarified on the use of bid bond forms and when worker eligibility documents must be submitted.
12/5/12: Item 78 in Fig. 136.9.1 was updated with a minor revision to match the Obligation Request Form categories.
11/27/12: EPG 220.127.116.11.2.1.4 Lump Sum Items was clarified by stating that spec lump sum items do not require a JSP.
11/26/12: Several minor clarifications were made to EPG 136.4 Consultant Selection and Consultant Contract Management. The most notable clarifications were made to EPG 18.104.22.168.2 Preliminary Engineering Activities by Local Forces (about when the LPA is not requesting reimbursement for the in-house design services), EPG 22.214.171.124 Step 5 - Selection of Consultant (about rating as many firms as necessary), EPG 126.96.36.199.3 Subconsultants (about encouraging subconsultants to be prequalified), EPG 188.8.131.52 Payments/Invoicing (adding that each invoice must show the total DBE payments for the particular invoice) and EPG 184.108.40.206 Supplemental Agreements (about LPA responsibility to fund the work).
11/19/12: In EPG 136.11.2 Work by LPA Forces, the link to FHWA Fom 1273 was updated.
11/15/12: Fig. 136.4.10, LPA Consultant Services Invoice, was updated to expand the DBE information.
11/2/12: LPAs' website advertisement opportunities were expanded in the first paragraph of EPG 136.10.3 Bid Opening Advertisement .
11/1/12: Guidance was added to EPG 220.127.116.11 Consultant Qualification, #6 Bridge Consultants Only that the Bridge Experience Profile and Personal Bridge Experience Record forms must be updated every 3 years.
10/25/12: In EPG 18.104.22.168.2 Basis of Payment, changed the mileage reimbursable rates from the IRS rate to GSA's current POV Mileage Reimbursable Rate. Also updated Fig. 136.4.14 to reflect this change.
10/23/12: In EPG 22.214.171.124.1 Commonly Used Forms, removed Fig. 136.12, Sample Form for Submitting Invoices from the gray "Forms and Information" box. This form was out-of-date and has been relabeled elsewhere.
10/22/12: Fig. 136.9.12's cross slope compliance guidance was slightly modified.
10/12/12: In EPG 126.96.36.199 Consultant Performance Appraisals, guidance was clarified on how to document consultant evaluations.
10/11/12: A minor typo update was made to Form 136.8.8.
10/10/12: A minor change was made to Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, clarifying that the E-verify information must be submitted with each bid.
10/5/12: Figs. 136.4.10 and 136.4.17 were updated. In Fig. 136.4.10, more cells were locked and Cell C68 was updated, while in Fig. 136.4.17, commentary was added on how to fill out Section 2 of the invoice. Also, in EPG 136.3 Federal Aid Basics the "How To" PowerPoint, How to Develop a Winning Project Application, was added.
10/1/12: In Fig. 136.4.10, changed cells to have 2 decimal points instead of none. In EPG 188.8.131.52, minor clarifications were made about including inspection reports in the bid proposal. In EPG 136.9, minor clarifications were made to EPG 184.108.40.206 and 220.127.116.11.1.4 about including all hazardous waste reports and changing the timeline for submitting subcontractor affirmative action certification prior to the notice to proceed for construction, respectively. In Fig. 136.9.1, a line item was added for Asbestos and Lead Paint Inspection Reports that need to be a part of the bid book. In EPG 136.11, a requirement for Hazardous Waste Notifications was added to Fig. 136.11.1.
9/25/12: Fig. 136.9.3 was revised by adding a revision date and a statement on project award.
9/4/12: The ADA Checklist, Fig. 136.9.4, was updated, replacing the old "ADA Post-Construction" and "Post-Inspection" Checklist. The new ADA Checklist presents expanded information to comply with the US Access Board's PROWAG 2005 and 2010 ADA/ABA standards. Also, Fig. 136.4.10 was updated with a minor revision.
8/30/12: Under "Federal-Aid Essential Videos" in the gray box at the top of EPG 136.4 Consultant Selection and Consultant Contract Management, the "Federal-Aid Program Overview" video was replaced with three other videos.
8/29/12: In EPG 18.104.22.168 Consultant Qualification, guidance was clarified for consultant qualification.
8/29/12: DBE requirement guidance was clarified in EPG 22.214.171.124 Supplemental Agreements.
8/27/12: Links to various FHWA videos were added to the gray boxes at the top of several articles (including EPG 136.3 Federal Aid Basics, EPG 136.4 Consultant Selection and Consultant Contract Management, EPG 136.6 Environmental and Cultural Requirements, EPG 136.7 Design, EPG 136.8 LPA Land Acquisition, EPG 136.9 PSE, EPG 136.10 Advertisement for Bid and Project Award and EPG 136.11 LPA Construction).
8/22/12: The invoice template guidance was clarified and slightly expanded in the "Invoice Detail" portion of EPG 126.96.36.199 Payments/Invoicing.
8/20/12: Fig. 136.9.1 was revised with a minor update.
8/9/12: Fig. 136.9.3 (Federal Project Bid Proposal Boilerplate) was updated.
7/30/12: In EPG 188.8.131.52.1, the link to FHWA Form 1273 was updated. The new link is the same as the current link to this form in EPG 136.9 Plans, Specs and Estimates (PSE).
7/23/12: Fig. 136.4.10, LPA Consultant Services Invoice, was updated with a minor revision.
7/23/12: In EPG 184.108.40.206.1 Advertising on MoDOT’s Site, guidance was clarified by adding "When advertising on MoDOT's website, the LPA can choose to also advertise in a newspaper but it is not required."
7/18/12: Several links were updated and references to form attachments were updated in EPG 136.4 Consultant Selection and Consultant Contract Management. Also, Fig. 136.4.1 had minor clarifications and Fig. 136.4.17 had one minor update.
7/17/12: Fig. 136.4.10 was updated with minor changes.
7/17/12: A clarification in the second paragraph of EPG 220.127.116.11 Utility Status: "bid opening" was replaced with "construction obligation".
7/12/12: Figs. 136.4.18 and 136.9.1 were updated with minor corrections.
7/6/12: In EPG 136.4, Figs. 136.4.10 and 136.4.17 were updated as xlsx files.
7/2/12: Fig. 136.9.7, Required Contract Provision, was updated.
6/25/12: Fig. 136.5.4, Non-Infrastructure Obligation Request Form, was made available in EPG 136.5 Non-Infrastructure.
6/19/20: In EPG 136.4, the "How To" tutorial How to Evaluate Consultant Proposals, Complete Rating Sheets and Make a Selection was added. Also, minor updates were done to Fig. 136.4.10, LPA Consultant Services Invoice.
6/14/12: In EPG 136.12.1 Figures and EPG 136.8 LPA Land Acquisition, the Roster of Approved Contract Appraisers was updated so that LPAs can access it. Also, the Roster of Approved Contract Negotiators was added.
6/12/12: In EPG 18.104.22.168.2 Painting Bridges and Demolition of Painted Surfaces, a process change has been required by MoDOT's signing an MOU with DHSS. For any lead testing activity, the contractor must be licensed as a lead abatement contractor and the contractor must provide the proper notification(s) to DHSS.
6/11/12: In EPG 22.214.171.124.1 Renovation and Demolition of Structures, the use of an Asbestos Building Inspector was specified rather than "a certified asbestos inspector". Also, in EPG 136.4 Consultant Selection and Consultant Contract Management, Figs. 136.4.10 and 136.4.18 were updated.
6/6/12: Fig. 136.11.6 was clarified so that which form is being filled out and which of the other two figures comprising each half when the contractor fills it out are now clearly indicated.
6/4/12: A small clarification was made in Fig. 136.9.12.
5/25/12: Fig. 136.9.1 was updated with minor clarifications. Also, EPG 126.96.36.199 was added to further clarify the PS&E certification.
5/17/12: In EPG 136.6.2 NEPA Classification, the info about the three-year shelf life of the NEPA was clarified. In EPG 188.8.131.52.1 Commonly Used Forms, the Obligation Request Form was updated. Also, Fig. 136.3.17 Work by Local Forces Proposal was updated.
5/11/12: A useful PowerPoint tutorial, "How to Complete the RFQ and Get it Advertised", is now available in EPG 184.108.40.206.
5/3/12: Updated Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
4/30/12: Fig. 136.9.1 updated as an Excel file.
4/30/12: Because the info required by Fig. 136.3.1 Programming Data was split between it and Fig. 136.6.4 LPA Request for Env'l Review, the guidance for programming projects was revised. Note changes in the table in EPG 220.127.116.11, new guidance in EPG 136.3.8 Programs and shortened guidance in EPG 18.104.22.168.3, EPG 22.214.171.124.3, EPG 126.96.36.199.3, EPG 188.8.131.52.1 and EPG 184.108.40.206.3.2.
4/27/12: The guidance on the need for an erosion control plan was clarified in the first paragraph of EPG 220.127.116.11 Stormwater and Erosion Control. In the third paragraph of EPG 18.104.22.168, it was further clarified that the SWPPP does not need to be site-specific, but the erosion control plan does need to be site-specific.
4/24/12: Comments from the Corps of Engineers have clarified guidance in both EPG 22.214.171.124 Section 404 Permits for Wetlands and Streams and EPG 126.96.36.199 Channel Modification.
4/24/12: Several "How To" PowerPoint tutorials were added to EPG 136 LPA Policy articles. View these new tutorials at the bottom of the large, gray "Figure" boxes at the top of EPG 136.6, EPG 136.8 and EPG 136.11.
4/23/12: EPG 136 was generally re-written following thorough research. Please check the entire contents of any EPG 136 article you may be consulting so as not to miss any policy changes.