136.2 Bridge Soft Match Credit Program

775px

Federal regulations originating in Section 123(e) of the 1987 Surface Transportation and Uniform Relocation Assistance Act (STURAA) provides that agencies (state, county, or city) may receive soft match credit for the cost of a locally funded bridge replacement or rehabilitation that would count toward the local match on federally funded bridge replacement projects. It is not the intent of the program to give credit for all bridge work that is done by the local agency, but only for the eligible replacement and rehabilitation work which is performed according to the appropriate guidelines.

Additional Information

Figure 136.2.1 Nonstate Bridge Soft Match Credit Program Documentation Checklist

The bridge being replaced or rehabilitated for which the agency desires credit must meet the contractual requirements of the local agency and the MoDOT intent of the Highway Brige Program (HBP) as defined under Federally Funded Bridge Projects in EPG 136.1 General.

One of the objectives of the Bridge Soft Match Credit Program is to provide an alternate process for local agencies to remove deficient bridges from the Bridge Inventory. A number of requirements that would apply to projects receiving HBP funding are waived in the Soft Match Credit Program. These exceptions are highlighted in bold print in this article.

The federal contract requirements may be waived, but all state and local contract requirements shall still be met. Projects may be constructed by qualified local agency forces, competitive bid, or negotiated bid. (Refer to EPG 136.9 Final Design for information regarding work by local forces.)

The design drawings shall be prepared under the direction of a registered professional engineer and be signed and sealed by that engineer. By signing and sealing the drawings, the engineer of record will be representing that the MoDOT intent of the HBP has been met in accordance with the criteria set forth in EPG 136.1 General. A registered professional engineer shall direct the construction inspection.

136.2.1 Project Eligibility

To be eligible for credit, the bridge that is being submitted must meet all of the requirements listed below.

1. The bridge must have been on MoDOT’s list of structures that were eligible for federal bridge funds for the year that the bridge was built.

2. The bridge must be on a route with a functional classification of rural local, urban local or rural minor collector.

Projects involving the removal of an existing eligible bridge that is replaced with something other than a new bridge may be eligible for credit. An example of an eligible project meeting this criteria would be the replacement of a bridge over an abandoned railroad with roadway fill. An example of a project that would not be considered eligible would be the replacement of an eligible bridge with a low water crossing. If scenarios other than these two are proposed by a local agency, the District should consult with Bridge Division in the Central Office for assistance in determining eligibility.

Projects involving the replacement of an existing eligible bridge with a bridge that is less than twenty feet in length are typically eligible for credit. Under this scenario, some of the deliverables required in a normal credit submittal may be waived. The District should consult with Bridge Division in the Central Office to determine what deliverables are needed and to confirm eligibility.

136.2.2 Eligible Costs for Soft Match Credit

An agency may receive credit for no more than 80% of the eligible costs. The items that are eligible for receiving credit include preliminary engineering services, surveys, environmental and cultural documentation, subsurface investigations, right of way services, bridge construction, minimal road construction, construction engineering for inspection, and those portions of utility relocation costs for which the county is obligated.

The following federal funds from other federal agencies may be used on credit projects but only up to a maximum of 20% of the eligible costs.

1. Community Development Block Grant Funds if authorized by the Department of Housing and Urban Development

2. Local Public Works Funds authorized by the Economic Development Administration.

Any federal funds above this 20% will reduce the costs eligible for credit.

Only a minimal amount of approach roadway work may be counted. Eligible limits may include reasonable approach roadway necessary to connect to the existing road and to return the new grade to normal ground. This corresponds to the eligible limits of HBP projects authorized to date.

136.2.3 Final Design

On projects for which credit is desired, the engineer of record shall have the responsibility for the selection of the specific design parameters along with verifying that the MoDOT intent of the HBP is being met as described and given in EPG 136.1 General and EPG 136.8 Preliminary Design.

The engineer of record is also responsible for providing certification that the following requirements have either been met or are not applicable to the project.

1. Applicable federal clearances and permits have been obtained as outlined in EPG 136.4.5 Guidance for Compliance with Federal and State Environmental Laws and Regulations.

2. Applicable state clearances and permits have been obtained as outlined in EPG 136.4.5 Guidance for Compliance with Federal and State Environmental Laws and Regulations.

3. Coordination was done with local utilities when the project involved the disturbance or relocation of utilities.

4. Coordination was done with railroads when the project involved structures over railroads.

5. Coordination was done with local levee and drainage districts when the project involved the disturbance of drainage or flood control structures under the control of these local districts.

6. New bridge cannot be scour critical.

The specifications and job special provisions for the project shall also be determined by the engineer based on specific site conditions and guidance given in EPG 136.9 Final Design.

A preconstruction itemized engineer's cost estimate is required to be retained by the engineer with the project file. This estimate will be based either on the local forces constructing the project or on a contractor constructing the project.

136.2.4 Construction Letting

The Federal Aid contract requirements of EPG 136.10 Construction Authorization and Letting are not required. When the local agency elects to build the project by contractor, then the State and Local requirements for competitive bidding shall be used.

136.2.5 Construction

The federal requirements for construction in EPG 136.11 Local Public Agency Construction may be waived. The construction inspection, testing and sampling shall be done under the direction of a registered professional engineer.

136.2.6 Request for Credit Submittal

Requests for Bridge Soft Match Credit on a bridge project are submitted after the bridge has been built and opened to traffic. Submittal at the PS&E stage of the project is not necessary. However, if the engineer of record or the local agency has specific eligibility questions regarding the project that they would like MoDOT to address before construction, then we are receptive to receiving the PS&E submittal. Specific questions should be provided by the engineer of record or the local agency on their cover letter with the submitted package.

The local public agency should send the Bridge Soft Match Credit submittal package to the local district office of MoDOT. This submittal package shall include a cover letter that provides the information and certifications listed below as well as the project deliverables listed below. After this package is reviewed by the district office, it will be submitted along with the additional required information provided by the district office to Bridge Division at the Central Office. The MoDOT files for Bridge Soft Match Credit projects, at a minimum will be required to have the documentation as outlined in the checklist provided in Figure 136.2.1. The district can utilize this checklist as a means to verify that all required information has been obtained prior to submittal of the Bridge Soft Match Credit package to Bridge Division. A copy of this checklist should be included with the submittal package to Bridge Division.

136.2.6.1 Information/Certifications on LPA Cover Letter

1. The cover letter should indicate the beginning date and the completion date for the construction on the credit project.

2. The local agency shall certify that the project is non-controversial. For the purpose of the Bridge Soft Match Credit program, “non-controversial” will be defined as meaning that the project does not have a history of litigation, disputes, negative media reports or any other controversy.

3. The local agency shall certify that the project has been built in accordance with the standards applicable to the HBP, except as noted in EPG 136.2, and that the project was constructed substantially in conformity with the plans and specifications.

4. The local agency or the engineer of record shall provide certification that the costs claimed for the project, provided as a deliverable in the next section, are the actual costs incurred for the project.

136.2.6.2 Deliverables Provided by LPA

1. As built plans and specifications (size 11 in. x 17 in.), signed and sealed by the engineer of record and approved by the local agency. Refer to EPG 136.9 Final Design for specific requirements.

2. Structural Inventory and Appraisal sheet (SI&A), completed for the project bridge and signed and sealed by the engineer of record. Refer to EPG 136.9 Final Design for specific requirements.

3. Load rating calculations including a load rating summary sheet, signed and sealed by the engineer of record. Refer to EPG 136.9 Final Design for specific requirements.

4. The local agency shall provide documentation of the eligible final costs for the credit project. When the quantities documented for costs do not match the list of quantities as compared to the engineer’s pre-construction itemized cost estimate, the local agency shall submit justification for the changes in the planned quantities. If the existing structure is currently eligible for rehabilitation only and the local agency elects to replace the structure, the amount of eligible federal funding will be limited to that which will not exceed the rehabilitation cost estimate unless appropriate justification is provided by the local agency that a new structure represents the best value. If the rehabilitation cost is at least 68% of the replacement costs, then it can generally be assumed that the new replacement structure will provide a better value than the rehabilitation of the existing structure.

5. Certification from the engineer of record that the applicable requirements as discussed in EPG 136.2.3 have been met. The engineer of record can satisfy this requirement by submitting a letter listing the applicable requirements from this section and indicating that the appropriate clearances and permits were obtained.

6. Photographs of the as built bridge including, at a minimum, a view of the bridge along the roadway and a profile view of the bridge from the stream. Photographs of the bridge during construction are also encouraged, but are not required as part of the credit submittal.

136.2.6.3 Information Provided by the District

The district office will be responsible for providing the additional information needed to complete a Bridge Soft Match Credit submittal. The additional items required are shown below and are completed after the district has been notified by the local agency that construction has been completed on the project.

1. A final “walk-through” inspection of the bridge has to be completed by someone in the district that has been Team Leader certified for nonstate bridge inspections as designated in EPG 753.3 Inspection and Reporting Aids (Section 3). This inspection has to include the items as listed below.

a. Assignment of appraisal and condition ratings consistent with the normal inspection practice for nonstate bridges.

b. Verification that the bridge is in "good" condition.

c. Verification that the bridge was constructed in general conformance with the bridge plans, which basically includes verification of the bridge location, bridge type, bridge width, bridge length and the number of members.

2. The inspector must submit a letter or some other appropriate form of documentation to the District person overseeing the credit project indicating that the inspection has been completed and the date that the inspection was completed. This letter should also indicate that the structure was found to be in “good” condition and that the structure was built in general conformance with the plans. A copy of the inspection report should be provided with the letter along with any photographs that were taken.

3. Once all of the information has been received from the local agency and from the bridge inspector, the District should submit the Bridge Soft Match Credit package along with the documentation provided by the inspector to Bridge Division at the Central Office. This submittal package should include a cover letter recommending that credit be approved for this bridge project.

136.2.7 Use of Soft Match Credit

The eligible costs may apply as credit toward the 20% local match required on federal-aid bridge projects. This credit provision does not increase an agency's allocation of HBP funds, but will permit usage of funds already allocated to an agency at a rate up to 100%.

Any BRO project submitted for programming by a local agency will be set up using soft match credit, if available. As a result, the local agency's preliminary engineering costs will be eligible for more than 80% federal reimbursement. As the project moves to construction authorization, credit will continue to be applied, as long as it is available. Local agencies will not be allowed to have a negative soft match credit balance.

If a local agency does not want to use its soft match credit on a project, it will need to submit a letter to the MoDOT district office indicating this.

Soft match credit can be applied to the construction phase of a bridge project at the time of construction authorization, even if soft match credit was not used for the design phase.

The federal reimbursable share of design costs cannot be increased by applying additional soft match credit after the preliminary engineering authorization date.

A local agency may elect to transfer its soft match credit earned under the Bridge Soft Match Credit Program to another local agency. The following guidelines must be followed to transfer credit:

1. A written request must be submitted to the MoDOT district office. The request shall be on the local agency's letterhead and state the dollar amount that is being transferred and the local agency that will be receiving the transferred funds. This letter must be signed by all of the county commissioners or the appropriate city officials. The MoDOT district office will forward this request to Resource Management at the Central Office for review and approval.

2. The request must be approved by Resource Management at the Central Office prior to using the soft match credit on a bridge project.

A local agency may elect to transfer its soft match credit earned under the Bridge Soft Match Credit Program to another local agency for BRO funds. The following guidelines should be followed to transfer credit for funds:

1. Both local agencies must submit written requests to the local MoDOT district office on their local agency's letterhead and state the dollar amount of BRO funds and soft match credit to be transferred by each local agency. This letter must be signed by all of the county commissioners or the appropriate city officials. The MoDOT district office will forward this request to Resource Management at the Central Office for review and approval.

2. The request must be approved by Resource Management at the Central Office prior to using the soft match credit and BRO funds on a bridge project.

3. No transfer can result in a local agency having a negative balance of BRO funds.