LPA:136.13 LPA Policy Changes
- Updated processes and procedures related to Environmental/Historic Preservation work on LPA projects in EPG 136.6 Environmental and Cultural Requirements.
EPG 136.4.2 Increases the oncall max to 200,000, adds additional information regarding the requirement of contacting at least 3 firms and documenting those conversations, and adds the requirement of an Independent Cost Estimate.
In an effort to help LPA staff with templates MoDOT has already created and to prevent them from needing to create, we are adding Temporary Easement, Permanent Easement and General Warranty Deed templates in 136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners
Upated LPA ESC process in 136.4.2.4.3.3 and 136.4.2.8
Updated EPG 136.4
Updated 136.4.2.4 added an email for LPA consultant goal requests and added new Figure 136.4.20 Estimated Breakdown of Work on Engineering Consultant Contracts that will need to completed as part of the goal request.
Updated 136.9.4.1.1.15 added an email for LPA construction goal requests to be sent to, and that the request should include a copy of the engineer's estimate.
Updated Consultant Selection Criteria to the Fig. 136.4.2, Consultant Selection Criteria.
Updated required Supplemental Revisions JSP to the Fig. 136.9.1, Final PS&E Submittal Checklist.
Modified EPG 136.1.3.2, EPG 136.7.2.1.6.1, and EPG 136.7.2.2.5.1. Added clarification of the requirement to have LPA preliminary plans reviewed and approved prior to submitting ROW plans for review and approval and provide the approval on a specific memo.
Updated checklist to clarify standard operating procedure in 136.6.4.5.2.1 Sponsor Responsibilities
Updated Fig. 136.3.19, Current BEAP Consultant List and Fig. 136.3.20, BEAP Project Tracking Form
In EPG 136.9.2.10 ADA Checklist, EPG 136.11.4 Preconstruction Conference and EPG 136.11.13.5 American’s with Disabilities Act (ADA) Check List the ADA Checklist (Fig. 136.9.4) was updated to reflect the minimum distance of pushbuttons from the curb line has been returned to 30 inches.
Guidance for LPA ROW Staff negotiators was clarified in EPG 136.8.1.2 State Responsibility and EPG 136.8.11.5.2 Approval of Contract.
In numerous locations in EPG 136.8 Local Public Agency Land Acquisition (such as EPG 136.8.6.1 Definition of Appraisal and Waiver Valuation and EPG 136.8.6.3.2 Value Finding Appraisal Format), the appraisal value limit for LPA projects was increased to $25,000 (from $10,000) because of the 2021 FHWA approval.
Guidance has been clarified in EPG 136.8.1.2 State Responsibility, EPG 136.8.11.5.2 Approval of Contract, EPG 136.8.11.6.1 General Requirements and EPG 136.8.11.6.2 Approval of Contract to show that LPA negotiators (fee and not fee) must be on the approved roster and/or complete the LPA Basic Training.
The second paragraph of EPG 136.9.4.1.1.5 was updated to reflect that the DBE Submittal Forms, Fig. 136.9.9, must be completed and submitted with the bid proposal or delivered by all bidders within three working days after the bid opening date.
In EPG 136.9.4.1.1.16 On the Job Training, the training provision link was updated to the current training provision.
In EPG 136.1.2.1.1 Requirements and EPG 136.2 Certification and Training, LPA Basic Training, guidance has been updated to reflect current LPA training requirements.
In EPG 136.3.13 Agreements, the outdated requirement to submit 7 copies of the program agreement was removed.
9/24/21: The latest programmatic agreement between MoDOT and FHWA is available in the second paragraph of EPG 136.6.3 Categorical Exclusion (CE).
9/16/21: Fig. 136.9.6 Utility Status Letter now requires an LPA letterhead and a signature from an LPA Person in Responsible Charge.
8/31/21: Updated Fig. 136.6.4, How to Complete the Request for Environmental Review to align with the new web-based system.
7/13/21: The Fig. 136.3.24, TEAP Program Application in EPG 136.3 Federal Aid Basics has been updated by increasing the federal fund limit to $12K per project and adding clarification about "person in responsible charge".
6/11/21: Updated Fig. 136.6.6, Generalized flowchart of the Section 106 Process for Local Public Agencies to bring it into compliance with existing guidance in EPG 136.6 Environmental and Cultural Requirements.
5/14/21: At the end of the last paragraph of EPG 136.6.4.2.3 De Minimis Determination, guidance was clarified that the public must be able to review the effects of the project on the Sec 4f property.
5/11/21: New guidance is now available at EPG 136.8.7.5 Administrative Settlements for making administrative settlements, preparing a letter of justification and other considerations.
5/10/21: The Commercially Useful Function (CUF) Determination Form, discussed in EPG 136.11.9 Commercially Useful Function (CUF), has been revised with more open ended questions that assist in determining whether a DBE is performing a Commercially Useful Function. The form now includes a field observation section for inspectors to note what they saw in the field.
4/27/21: The former EPG 136.7.3.1.2.1.11 Buy America Requirements was deleted since the Buy America JSP is now in the spec book. The new guidance in EPG 136.7.3.1.3 Supplemental Revisions Job Special Provision (JSP) presents the requirement for the use of the Supplemental Revisions JSP.
4/20/21: Fig. 136.6.4, How to Complete the Request for Environmental Review, has been updated to current practice.
2/19/21: Fig. 136.9.4, ADA Checklist was updated. On Page 15 of the checklist, the force to activate Accessible Pedestrian Signal pushbuttons was revised as was their minimum distance from the curb line and their height from the ground. On both Page 15 and 16, guidance was more closely tied to compliance with the EPG.
2/18/21: Contact information has been updated in Fig. 136.3.20, BEAP Project Tracking Form.
1/15/21: At the bottom of Key Environmental/Cultural Resources Compliance Milestones table, added Public Involvement information. Also, clarified that public involvement is needed with the RER in a new paragraph at bottom of EPG 136.6.4.12 Community Impact Assessment (Social/Economic/Environmental Justice).
11/23/20: Guidance was expanded in EPG 136.11.13 Documentation Requirements through EPG 136.11.13.2 Payment Diaries. MoDOT will no longer be approving specific software for use; the LPA must ensure the software chosen meets the outlined criteria. Guidance about what should be documented in the construction diaries was clarified in EPG 136.11.13.1 Project Diaries.
9/30/20: Guidance for the A-date process in EPG 136.8.1.6 Local Public Agency - Right of Way and Easement Acquisition, "Square 14" and the first and third paragraphs of EPG 136.8.2.2 Acquisition Authority has been clarified and updated to reflect current policy and processes.
9/2/20: Clarified Fig. 136.4.7, Sample Solicitation & Sample Scope of Services, by adding "Remove note before posting" to instructions just below the table on the second page.
8/13/20: The seventh paragraph of EPG 136.6.4.6 Base Floodplain and Regulatory Floodway was revised to make CFR requirements more apparent.
7/14/20: Minor updates were made to Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
7/9/20: The last sentence of the second paragraph of EPG 136.9.4.1.1.15 Disadvantaged Business Enterprise (DBE) (49 CFR Part 26) is new guidance about how to fill out Fig. 136.9.9, DBE Submittal Forms. Fig. 136.9.3, Federal Project Bid Proposal Boilerplate and Fig. 136.9.9, DBE Submittal Forms were also updated.
7/1/20: In the second paragraph of EPG 136.4.3.2 Supplemental Agreements, guidance was clarified, now including submitting a copy of the supplemental to the ECR email group.
6/23/20: The second sentence in the first paragraph of EPG 136.4.2.6 Step 5 - Selection of Consultant was added to clarify guidance about an LPA disqualifying a consultant.
6/18/20: Guidance in EPG 136.6.3 Categorical Exclusion (CE) was updated with the FHWA agreement requirements.
6/17/20: The process in EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations has dramatically changed. MoDOT has hired a consultant to provide oversight the Local Public Agency’s Section 106 compliance. The EPG directed the LPA to send a Project Information form to the SHPO to start the Section 106 process. That is no longer required. The new approach is for the LPA to submit a Request for Environmental Review to MoDOT.
5/1/20: In EPG 136.8.2.2 Acquisition Authority, EPG 136.8.2.7 Inspection of Documents, EPG 136.8.2.8 Federal Project Number, EPG 136.8.4 Retention and Access to Records and EPG 136.8.10.1 General, guidance has been added about the documentation MoDOT RW staff is to enter into the LPA State Management System Application (SMS). Also, In EPG 136.8.2.2 Acquisition Authority, the LPA may now request an A-date by submitting only one set (instead of two sets) of completed right of way plans.
12/16/19: In EPG 136.4.1.6 Conflict of Interest, clarified guidance by adding information pertaining to when a consultant acts as a city engineer.
9/18/19: Numerous minor revisions were made in EPG 136.3.8.4 Bridge Engineering Assistance Program (BEAP) as the new BEAP contract goes into effect. Two BEAP documents (Figs. 136.3.19 and 136.3.20) were updated while two BEAP figures (Fig. 136.3.22 Estimate of Cost and Fig. 136.3.23 General Scope of Services) were deleted.
9/6/19: In EPG 136.11.15.2 Change Order Approval, the LPA change order approval process was updated to current practice. The MoDOT signature is needed for Level 1 change orders and an FHWA review is only required on Change Order Level 2 PODI projects.
8/21/19: The link to the TSP was updated in the second paragraph of EPG 136.9.4.1.1.16 On the Job Training (OJT).
7/22/19: In Fig. 136.9.1, Final PS&E Submittal Checklist, checklist guidance related to wage rates was updated.
7/22/19: As a convenience, guidance for LPAs to access federal emergency relief has been expanded in EPG 136.3.17 Emergency Relief.
7/22/19: In EPG 136.3.8 Programs, guidance for LPA programs that are no longer in use was deleted. Also, guidance was updated to accommodate revisions in the FAST Act.
5/20/19: In EPG 136.6.4.5 Threatened and Endangered Species and Migratory Birds, guidance for the Threatened and Endangerd process was clarified throughout. New (and currently used) guidance, EPG 136.6.4.5.3 Migratory Birds was also added. Fig. 136.6.18, Threatened and Endangered Species Federal Aid Transportation Submittal Checklist replaced the old Fig. 136.6.18 LPA Environmental RER T&E Guidance, and Fig. 136.6.19, August 2018 MoDOT USFWS Threatened and Endangered Species Habitats was added.
5/14/19: In EPG 136.6.4.3 Section 404 Permits for Wetlands and Streams, guidance was clarified to attach to RER for documentation purposes.
1/16/19: Fig. 136.6.3, Environmental/Cultural Resources Compliance Checklist, was updated.
1/15/19: In EPG 136.2 Certification and Training, the listing of the web-based NHI courses was updated.
1/11/19: A sentence was added to the end of the first paragraph of EPG 136.6.4.8 Stormwater and Erosion Control to clarify NEPA information. This info referencing documentation involved when more than one acre is planned to be disturbed was added at the request of the FHWA.
11/30/18: EPG 136.6.4.13 Noise Standards and Noise Abatement was significantly simplified to reflect that LPAs must use MoDOT’s FHWA-approved noise policy.
11/20/18: Clearance Certification Statement (Form 136.8.8) was slightly modified by replacing "free deed" with "donation".
11/14/18: In EPG 136.3.13 Agreements and EPG 136.12.1 Figures, archaic contract links and listings were removed. Also, in EPG 136.3.13 Agreements, a reference to the CCO site was replaced with a link to EPG 153 Agreements and Contracts.
10/26/18: Updated the documentation processes to current practices and updated the requirements of new laws and regulations. Much of EPG 136.6.4.3 was revised as was "Permits for Land Disturbance" in EPG 136.6.4.8, the last paragraph of EPG 136.6.4.10, the third paragraph of EPG 136.6.4.10.2, and EPG 136.6.4.14. Fig. 136.6.1, Project Review Process flowchart, Fig. 136.6.2, Key Environmental/Cultural Resources Compliance Milestones, Fig. 136.6.3, Environmental/Cultural Resources Compliance Checklist and Fig. 136.6.14, Procedures for Environmental Clearance of Borrow Sites and Other Disturbed Areas Outside Right of Way were also updated. Fig. 136.6.16 was re-labeled as "LPA Project Checklist for Adverse Effects".
4/10/2018: In the second paragraph of EPG 136.9.4.1.1.10.1 Federal Wage Rates (23 USC 113 and 29 CFR 5), guidance was added about including the correct wage rate order from the Dept. of Labor on LPA projects. If an updated wage rate order has been issued within 10 days of the project letting, the updated version has typically not been included in the project documents. This is allowed, however the requirement states that if the agency finds that sufficient time is not afforded to include the updated wage order, then this finding and reasoning must be included in the individual project records.
3/29/18: Procedures in Section 106 (Cultural Resource) Compliance were clarified at the bottom of the second paragraph of EPG 136.6.4.1.1 Step 1, Determine Need for Cultural Resource Investigations and in the first sentence of EPG 136.6.4.1.3 Step 3, Preparation of the Memorandum of Agreement.
3/29/18: Removed second sentence of the second paragraph ("In figuring the percentage of the contract work performed, all prices for sublet work shall be at contract unit bid prices.") from EPG 136.11.5 Subcontracts. The sentence was outdated.
3/26/18: Fig. 136.6.4 How to Complete the Request for Environmental Review was updated.
1/24/18: In EPG 136.2 Certification and Training, the contact information for the Technician Certification Program was updated.
12/26/17: Fig. 136.3.24, TEAP Program Application was updated. Also, in EPG 136 136.3.8.11.1 Introduction and EPG 136.3.8.11.4 TEAP Process and Timeline, guidance was slightly expanded to accommodate the changes in the TEAP Program Application.
12/14/17: Fig. 136.3.20, BEAP Project Tracking Form was updated. Also, Gabe Wolken was added as a contact for BEAP information in EPG 136.3.8.10 Bridge Engineering Assistance Program (BEAP).
11/30/17: In EPG 136.3.15.2 Audit and Final Reimbursement, the sentence stating the LPAs must supply a copy of the final audit report to the MPOs was removed.
11/13/17: Guidance in EPG 136.1.2.2 Project Sponsor Eligibility was expanded since the FAST Act has extended eligibility for some programs. Eligibility to nonprofits in the large MPOs (Kansas City, St. Louis and Springfield) is now allowed.
11/1/17: A link was updated in Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
10/31/17: Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects was updated with new “Whereas” clauses to address issues brought up by FHWA and the Advisory Council over the last few years.
9/20/17: The Subcontractor Disclosure in Fig. 136.9.3, Federal Project Bid Proposal Boilerplate was updated to reflect the current section of the Missouri Standard Specification for Highway Construction.
9/18/17: In Fig. 136.3.1, Programming Data Form, the funding description and FFATA requirement were further clarified.
9/1/17: At the bottom of the first paragraph of EPG 136.8.5.2 Title Information, a sentence was added with a link to a checklist of items to determine property ownership for ADA projects.
6/29/17: A new PowerPoint, Consultant Inspection, in EPG 136.4.1.3.3 Construction Engineering/Construction Inspection (CE) provides guidance on how to solicit and procure a consultant for construction. Its guidance is primarily aimed at MoDOT Construction employees but may also be of assistance to others.
6/23/17: Fig. 136.3.1, Programming Data Form was updated to show the LPA Internal Procedures Manual requires LPAs submit the FFATA form with the programming data form.
6/9/17: Guidance for how to obtain additional help for environmental clearance of borrow sites and other land disturbance activities outside right of way was clarified in the fifth sentence of the first paragraph in EPG 136.6.4.9 Borrow Sites and Other Land Disturbance Activities Outside Right of Way.
5/24/17: Updated Fig. 136.3.20, BEAP Project Tracking Form with new contact information.
4/27/17: In the second paragraph of EPG 136.11.5 Subcontracts, an archaic sentence was deleted that had required MoDOT to approve subcontracts.
3/28/17: Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, was revised to reflect changes made in the EPG on Wage Rates. State Only Prevailing wage option in section 9 was deleted.
1/5/17: In requirement #2 of EPG 136.4.1.5 Consultant Qualification, it was clarified that a firm is not required to submit a certificate of authority to become prequalified when it does work outside the jurisdiction of the MO Board for APEPLSPLA.
1/4/17: In EPG 136.6.4.8 Stormwater and Erosion Control, minor clarifications based on the new stormwater permit have been made. This includes new guidance, "Individual State Operating Permit for TS4".
12/27/16: Updated Fig. 136.3.1, Programming Data Form, with additional information.
11/17/16: Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, was updated to reflect the current versions of the MoDOT specs and standard plans.
10/20/16: In EPG 136.6.2 National Environmental Policy Act (NEPA) Classification, a clarifying sentence was added in the first paragraph to help LPAs find info in Fig. 136.6.4, How to Complete the Request for Environmental Review.
10/6/16: Fig. 136.6.4 LPA Request for Environmental Review (RER) was eliminated and replaced with a link to the new RER. Also, in EPG 136.9.4.1.1.10.1 Federal Wage Rates, federal wage rate language was removed to make guidance stay current with federal regulations.
9/6/16: The former prorata tax form (7-22.2C) was updated so as to be only for the LPAs. It was also relabeled as Local Public Agency Prorata Real Estate Tax Claim (Form 136.8.7.1.11).
9/2/16: In EPG 136.10.8 Award, the need for a performance/contract bond in the executed construction contract for LPA projects was clarified.
7/22/16: A minor revision to Fig. 136.10.2, Bid Concurrence Checklist was made so that asterisks are no longer to be shown by items that DBE will perform.
7/5/16: In EPG 136.9.4.1.1.5 Suspension and Debarment Certification, the $25,000 contract threshold was removed from the certification requirements for suspension and debarment to make guidance consistent with consultant contract language.
6/23/16: In the second paragraph of EPG 136.11.5 Subcontracts, guidance was added to clearly indicate that subcontracts require FHWA Form 1273.
6/15/16: In EPG 136.11.13.4 Erosion Control, the outdated link to the "Erosion Control Inspection Record" was replaced with a link to "Land Disturbance Inspection Record".
6/2/16: Fig. 136.6.4, How to Complete the Request for Environmental Review, was clarified.
5/27/16: Guidance in EPG 136.6.4.5 Threatened and Endangered Species was expanded and clarified. The new Fig. 136.6.18, LPA Environmental RER T&E Guidance was also added. Also, in Articles XVI and XVII of Fig. 136.4.1, Engineering Services Contract, references were added to Title VI and ADA requirements.
5/19/16: In EPG 136.6 Environmental and Cultural Requirements, the previous Fig. 136.6.4 was replaced with a new link, LPA Request for Environmental Review. The new Fig. 136.6.4, How to Complete the Request for Environmental Review presents updated instructions.
5/13/16: Updated the Final Acceptance Report (Form C-239) and Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236) in EPG 136.11. Fig. 136.11.3, Progress Report was made a fillable form.
4/29/16: In the last sentence of EPG 136.11.13.1 Project Diaries, "free" was removed from the description of NHI training courses, since not all of them are now free.
4/27/16: Deleted Fig. 136.11.17 Semi-Final Inspection Letter since it was redundant to Fig. 136.11.23 LPA Semi-Final Inspection Checklist (Form C-236). EPG 136.11.20 Project Closeout Certifications was revised to reflect this change.
4/1/16: There were numerous updates in EPG 136.8 Local Public Agency Land Acquisition to reflect current practices. In the first paragraph of EPG 136.8.4 Retention and Access to Records, the use of the Parcel File Checklist was deleted. In the second paragraph, the record retention period of 3 years was revised to begin when the project closure action is submitted to the FHWA. In EPG 136.8.6.3.1.20D.9 Manufactured Homes, the determination of whether a mobile home is personalty was clarified. In the second paragraph of EPG 136.8.7.1.2 Negotiator's Report, the Parcel File Checklist, the Negotiator's Report form and the Negotiator's Narrative no longer should be attached to the cover of each parcel file. In EPG 136.8.8.3 Use of a Fee Attorney or Special Counsel, the permissible use of a Fee Attorney was introduced and defined. In the second paragraph of EPG 136.8.9 Relocation Assistance, the quotation defining a displaced person was slightly modified. Finally, the term "taking" was replaced with "acquisition" in several locations within EPG 136.8.
3/24/16: Updated Fig. 136.3.20, BEAP Project Tracking Form.
3/4/16: Updated Fig. 136.11.13, Job Bulletin Board Checklist.
3/3/16: Fig. 136.6.7, Memorandum of Agreement for Mitigation of Adverse Effects, was updated to reflect the recodified National Historic Preservation Act.
3/1/16: In EPG 136.7.2.8 Proprietary Items, a link to the Proprietary Item Library was inserted.
2/24/16: Guidance in EPG 136.11.13.3 Invoices was clarified by adding a reference to Fig. 136.3.18, Construction Reimbursement Form. Also, EPG 136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts was clarified by additional guidance and by renumbering the subarticles.
2/22/16: A link to Fig. 136.11.23, LPA Semi-Final Inspection Checklist (Form C-236) was added and the guidance for it was clarified.
2/18/16: The former "Final Acceptance Checklist" was relabeled as the new Fig. 136.11.22, LPA Final Acceptance Checklist.
1/27/16: In Fig. 136.4.1, Engineering Services Contract, revised Article VII D.2, D.3 and E to indicate the overhead rate (OHR) established at the execution of the original contract shall be utilized throughout the life of the contract. This reduces potential errors caused by having to change the OHR on billing invoices every year based on audited OHR. Revision allows consultants to utilize one OHR throughout the life of the contract
1/26/16: Three archaic figures in EPG 136.3 Federal Aid Basics were removed: Fig. 136.3.5 HS 4, Safe Routes to School Program Agreement; Fig. 136.3.7 FS 12, Transportation Enhancement Funds Program Agreement and Fig. 136.3.8 FS 12 SUP, Transportation Enhancement Funds Supplemental Agreement. New link to Fig. 136.3.5, FS25, Transportation Alternatives Program added.
1/22/16: Four LPA agreements were updated: Fig. 136.3.6, FS 11, STP Urban Program Agreement, Fig. 136.3.9, FS 13, Off-System Bridge Replacement and Rehabilitation Program Agreement, Fig. 136.3.10, FS 14, On-System Bridge Replacement and Rehabilitation Program Agreement and Fig. 136.3.11, FS 15, Congestion Mitigation and Air Quality Agreement.
1/15/16: In EPG 136.11.19 Final Acceptance, the differences between corrections and exceptions were clarified. Also, a minor clarification updated Fig. 136.11.9, Contractor DBE Certification.
1/14/16: Fig. 136.4.11, Consultant Selection & ESC Submittal Checklist, was updated to reflect that Audits and Investigations Division no longer conducts pre-audits.
1/5/16: EPG 136.7.3.1.2.1.10 Safety Apparel Requirements was revised to reflect current MoDOT requirements in Sec 107.4. Since the Safety Requirement JSP is no longer a JSP (it has been moved to Sec 107.4), reference to it was removed from the EPG text as well as from Fig. 136.9.3, Federal Project Bid Proposal Boilerplate.
1/4/16: In EPG 136.6.4.1 Section 106 (Cultural Resource) Compliance, the revision 1) addressed LPA questions and comments and 2) implemented change by the Advisory Council on Historic Preservation from hardcopy submittals to electronic submittals. The revision helps LPAs more easily comply with Section 106 of the National Historic Preservation Act and Section 4(f) of the Department of Transportation Act. Also, added Fig. 136.6.15, Example e106 Form, LPA Project Checklist and Fig. 136.6.17, Sample LPA Transmittal of MOA Letter and the How-to tutorial, How to Document a Historic Bridge for Mitigation. These changes will help LPA partners more easily comply with Section 106 of the National Historic Preservation Act and Section 4(f) of the Department of Transportation Act.
12/30/15: A couple of typos were corrected in Fig. 136.4.10, LPA Consultant Services Invoice.
12/24/15: In EPG 136.11.20 Project Closeout Certifications, new Fig. 136.11.18, LPA Final Inspection Letter, Fig. 136.11.19, LPA Final List of Acceptance Testers, Fig. 136.11.20, LPA DBE Certification Letter and Fig. 136.11.21, LPA Vendor Lien Waiver provide templates for consistent submittals by LPAs.
12/23/15: In EPG 136.11.5 Subcontracts, guidance was clarified to state that the LPA is responsible for assuring the subcontractors are qualified. Elsewhere in EPG 136.11 Local Public Agency Construction, Fig. 136.11.6 was replaced with Fig. 136.11.6, Subcontractor Certification Regarding Affirmative Action. Fig. 136.11.4, Request for Approval of Subcontract, was updated with various clarifications. In Fig. 136.11.5, DBE Subcontract Worksheet, the Percent Sublet this Request equation was updated. Also, from EPG 136.4, various fields were updated in Fig. 136.4.10, LPA Consultant Services Invoice, to eliminate calculation errors. Further, Fig. 136.9.3, Federal Project Bid Proposal Boilerplate, was updated by removing JSP J. Final Payment Documents JSP. (This JSP was prematurely added to the boilerplate. Removal will eliminate confusion for LPA partners.) The new Fig. 136.11.17, LPA Semi-Final Inspection Letter, provides a template for consistent submittals by the LPAs.
11/24/15: In EPG 136.3.15.3 OMB Audit, to stay current with 2 CFR part 200, the federal expenditure amount was increased from $500K to $750K before an independent audit is required.
11/6/15: EPG 136.4.2.4.3.2 LPA Consideration of DBE for On-Call Contracts was revised so that DBE Goals will now be established on LPA On-Call Consultant Contracts. This replaces the statewide programmatic goal and provides a level playing field for all on-call consultants in the utilization of DBEs. Fig. 136.4.1's Attachment E Section 7 modified to reflect that on-call consultant contracts now set DBE goals.
10/27/15: In EPG 136.4.2.11 CE Funding Obligation, verbiage in the first paragraph was deleted to align guidance to what is in Fig. 136.4.1, Engineering Services Contract (Article VII, A).
10/21/15: EPG 136.11.19 Final Acceptance was clarified, particularly guidance about "corrections" vs. "exceptions", for LPAs performing Final Acceptance of an LPA project.
10/20/15: In EPG 136.11.18 Final Plans, a reference to EPG 136.11.19 was added and a reference to Engineer on Record (EOR) removed to clarify the bridge plan Final Plans requirements.
10/20/15: For convenience, the Commercially Useful Function (CUF) Determination Form was added to the figure box at the top of EPG 136.11 Local Public Agency Construction.
10/16/15: Fig. 136.9.3 Federal Project Bid Proposal Boilerplate was updated to include the DBE JSP for Liquid Asphalt.
10/13/15: In EPG 136.7.5.3 Incentive/Disincentive Provisions, renamed and updated the old FHWA Contract Administration Core Curriculum's link to a link to FHWA's Technical Advisory for Incentive/Disincentive for Early Completion.
10/1/15: In EPG 136.7.2.5 Railroads and the first paragraph of EPG 136.9.2.4 Railroads, guidance about railroad coordination (even if no railroads are impacted) was clarified to comply with the FHWA statement required for all fed-aid projects. FHWA policy now requires a specific "railroad status statement" from the LPA even when no railroads are affected by the project. Line 11 of Fig. 136.9.1, Final PS&E Submittal Checklist now requires supporting documentation for railroad impacts.
9/22/15: Guidance was updated to conform with new BEAP contract. In the fourth paragraph of EPG 136.3.8.10.3 Administration, guidance was updated about where the report is sent. IRS mileage rates are specified in the third paragraph of EPG 136.3.8.10.4 Funding and Authorized Costs. In the third paragraph of EPG 136.3.8.10.4 Funding and Authorized Costs, it is now specified that the BEAP Project Tracking Form include a total cost for the project, including personnel costs as well as direct costs. In the first paragraph of EPG 136.3.8.10.5 General Process for a BEAP Study, the process to submit the draft copy of a BEAP Study has been revised. In EPG 136.3.8.10.6 Local Public Agency Responsibilities, the LPA will now provide pictures of a structure that is not of the Nat'l Bridge Inventory. Also, in EPG 136.3.8.10.7 Consultant Responsibilities, the consultant is to provide inventory and operating ratings for the HS20 design vehicle and provide a load posting recommendation when load rating calculations are part of the BEAP Study. Finally, all of the BEAP documents (Figs. 136.3.19-136.3.23) were updated.
9/17/15: In the second paragraph of EPG 136.11.18 Final Plans, guidance was clarified to show that MoDOT only needs "as built" plans when there have been significant structural or material changes to the original design plans (that is, changes that would require approval of the Engineer on Record, EOR).
9/17/15: In the first paragraph of EPG 136.10.7.3 Bid Evaluation Considerations, the minimum standard for the number of bid evaluations has been set at three. When three bids are not available, the LPA is asked to explain.
9/10/15: Links to the latest version of SEMA's Floodplain Development Permit Application and No-Rise Certificate have been provided.
8/21/15: In the third paragraph of EPG 136.4.2.6 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 136.8.10.3.3 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 136.9.4.1.1.5 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.
7/24/15: In EPG 136.11.9 Commercially Useful Function (CUF), the latest version of the CUF Determination form has been provided.
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 136.11.17.1 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 136.11.17.1 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 136.4.2.4.3.2 LPA 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 136.9.2.5 Bridge (Structure) Submittals, a third paragraph was added (per Sec 202.40.1.1) 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 136.11.13.1 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 136.7.2.6.1 Utility Relocations.
5/15/15: In EPG 136.11.9 Commercially Useful Function (CUF), the latest version of the CUF Determination form has been provided.
5/12/15: Several links in EPG 136.7.3.1.2 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 136.3.7.4 Prompt Payment Policy was added, in accordance with Missouri law. The existing EPG 136.3.7.4 Policy Enforcement was renumbered as EPG 136.3.7.5.
4/22/15: The|ADA checklist was updated with relatively minor updates in EPG 136.9 Plans, Specs and Estimates (PSE).
4/22/15: In EPG 136.4.2.3 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 136.8.2.2 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.
4/9/15: The Obligation Request Form, which is available in EPG 136.12.3.2.1 Commonly Used Forms, was further updated.
4/2/15: The Obligation Request Form, which is available in EPG 136.12.3.2.1 Commonly Used Forms, was updated to include some additional FHWA requirements. New items on the form:
- 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 136.7.2.6.4 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 136.8.7.3 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 136.8.2.2 Acquisition Authority and the second paragraph of EPG 136.8.8.1 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 136.8.2.2) and Right of Way Acquisition Schedule Instructions (Form 136.8.2.2.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 136.11.17.1'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.
2/6/15: In EPG 136.11.9 Commercially Useful Function (CUF), the latest version of the CUF Determination form has been provided.
1/28/15: A minor correction was made to the title of EPG 136.8.6.3.4 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 136.7.3.1.2.1.10 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 136.3.12.3.4 Procedures and the fifth paragraph of EPG 136.3.12.4.5 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 136.8.11.5.2 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 136.4.2.4.3 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 136.3.8.11.4 TEAP Process and Timeline and the second to the last paragraph in EPG 136.3.8.11.5 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 136.12.3.3 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 136.9.4.1.1.3 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 136.7.2.9.
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 136.3.10.8 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 136.3.8.10 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 136.6.4.1.1 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.
5/14/14: The first two paragraphs of EPG 136.8.4 Retention and Access to Records were revised to show that the Parcel File Checklist (Form 136.8.17) is now optional.
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.
5/7/14: In EPG 136.8 Local Public Agency Land Acquisition, Form 136.8.18, RW Plan Review Checklist was updated.
4/30/14: EPG 136.4.2.4.3.3 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 136.11.13.3 Invoices, and the first paragraphs of both EPG 136.3.7.3 Progress Invoices and EPG 136.4.3.1 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 136.4.3.3 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 136.9.4.1.1.10.1 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 136.6.4.1.1 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 136.4.2.4.3 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 136.4.2.4.3.1 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 136.3.8.11 Traffic Engineering Assistance Program (TEAP).
3/5/14: EPG 136.3.18 TAP was moved to EPG 136.3.8.7 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 136.3.8.7.2 Project Eligibility and Selection was deleted and replaced with a link to EPG 136.1.2.2 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 136.4.2.4.3 Using the LPA On-Call Consultant List. Additional revisions were made in EPG 136.4.2.2 Step 1 – Scope of Services, EPG 136.4.2.3 Step 2 - Creating an RFQ Document and EPG 136.4.2.4 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.
2/5/14: The contacts were updated in the Obligation Request Form, which is available in EPG 136.12.3.2.1 Commonly Used Forms.
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 136.12.3.3 Links to Other Resources, the ADAAG links were updated.
1/28/14: In EPG 136.7.2.7 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 136.3.8.7 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 136.7.2.10 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 136.3.15.1 Progress Invoice was moved to EPG 136.3.7.3 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 136.3.8.11 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 136.7.2.6.1 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 136.4.1.5 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 136.4.1.5 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 136.4.1.5 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 136.6.4.8 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 136.12.3.3.
8/19/13: The link to newest 7/2012 Request to Subcontract Work Form was updated in EPG 136.11.8.
8/12/13: For greater convenience, links to "functional classification" have been added to EPG 136.3 Federal Aid Basics.
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 136.4.2.7.3.1 Subconsultant cost exceeding $25,000 and EPG 136.4.2.9 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 136.4.2.7.3 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 136.3.8.10 Bridge Engineering Assistance Program (BEAP).
6/25/13: In EPG 136.4.1.1 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 136.12.3.2. 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 136.6.4.1.1 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 136.3.8.8.2 Project Eligibility and Selection. Also, in both EPG 136.10.7.1.1 Responsive Bid and EPG 136.10.7.3.3 DBE Submittal Form Review, the DBE requirements at bid opening were clarified.
6/6/13: In EPG 136.4.2.5 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 136.4.2.7.3.2 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 136.4.2.7.5 Contract Execution.
5/16/13: Fig. 136.11.13, Job Bulletin Board Checklist, was updated. Also, guidance for selecting and scoring consultants was added to the bottom of EPG 136.4.2.6 Step 5 - Selection of Consultant.
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 136.3.8.2.2, EPG 136.3.8.3.2 and EPG 136.3.8.5.2, 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.
4/22/13: In EPG 136.11.9 Commercially Useful Function (CUF), the latest version of the CUF Determination form has been provided by MoDOT's External Civil Rights Division.
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.
4/15/13: In EPG 136.12.3.2.1 Commonly Used Forms, the Obligation Request Form was updated with a very minor revision.
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 136.9.2.10 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 136.1.2.2 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: Fig. 136.9.1 updated to remove the requirement for ADA certification. Also, Fig. 136.9.12 (ADA Certification) deleted and incorporated into Fig. 136.4.1 Engineering Services Contract.
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 136.4.1.5 Consultant Qualification, EPG 136.4.1.6 Conflict of Interest, EPG 136.4.2.5 Step 4 - Response to the RFQ and EPG 136.4.2.6 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 136.7.2.4.2, 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 136.3.12.4.4 (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 136.4.2.11 CE Funding Obligation was clarified.
1/15/13: In EPG 136.11.15.1 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 136.9.4.1.1.11 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 136.7.3.1.2.1.4 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 136.4.1.3.2 Preliminary Engineering Activities by Local Forces (about when the LPA is not requesting reimbursement for the in-house design services), EPG 136.4.2.6 Step 5 - Selection of Consultant (about rating as many firms as necessary), EPG 136.4.2.7.3 Subconsultants (about encouraging subconsultants to be prequalified), EPG 136.4.3.1 Payments/Invoicing (adding that each invoice must show the total DBE payments for the particular invoice) and EPG 136.4.3.2 Supplemental Agreements (about LPA responsibility to fund the work).
11/21/12: Minor updates were made to Figs. 136.4.11 and 136.4.14.
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 136.4.1.5 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 136.4.2.7.2 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 136.12.3.2.1 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 136.4.3.3 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 136.6.4.10, minor clarifications were made about including inspection reports in the bid proposal. In EPG 136.9, minor clarifications were made to EPG 136.9.2.1 and 136.9.4.1.1.4 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.
9/24/12: A minor clarification was made to EPG 136.9.4.1.1.15 about the DBE goal applying to the entire federally-funded project. Also, a very minor update was made to Fig. 136.9.1.
9/5/12: Three figures, 136.4.10, 136.4.17 and 136.4.18, were updated with minor revisions.
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 136.4.1.5 Consultant Qualification, guidance was clarified for consultant qualification.
8/29/12: DBE requirement guidance was clarified in EPG 136.4.3.2 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 136.4.3.1 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.
7/31/12: Revised Fig. 136.4.10 and Fig. 136.4.18 with minor updates.
7/30/12: In EPG 136.12.3.2.1, 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 136.4.2.4.1 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 136.9.2.3 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 136.6.4.10.2 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 136.6.4.10.1 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 136.9.2.11 was added to further clarify the PS&E certification.
5/21/12: Several minor corrections of references to Federal Bid Proposal Boilerplate sections in EPG 136.9.4.1.1.4 through EPG 136.9.4.1.1.7.
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 136.12.3.2.1 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 136.4.2.3.
5/10/12: Fig. 136.9.1 was updated with minor clarifications. Also, there were minor corrections to EPG 136.10.6.1, EPG 136.10.6.2, EPG 136.10.6.3 and EPG 136.10.6.4.
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: Two new figures (Figs. 136.11.14 and 136.11.15) and associated guidance were added to EPG 136.3.7.3 Progress Invoices and EPG 136.11.13.3 Invoices.
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 136.3.7.1, new guidance in EPG 136.3.8 Programs and shortened guidance in EPG 136.3.8.1.3, EPG 136.3.8.2.3, EPG 136.3.8.3.3, EPG 136.8.5.3.1 and EPG 136.3.8.5.3.2.
4/27/12: The guidance on the need for an erosion control plan was clarified in the first paragraph of EPG 136.6.4.8 Stormwater and Erosion Control. In the third paragraph of EPG 136.6.4.8, 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 136.6.4.3 Section 404 Permits for Wetlands and Streams and EPG 136.6.4.4 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.
