616.16 Law Enforcement Services
The use of law enforcement, both active and passive, is an effective tool to ensure traffic complies with work zone requirements arising from certain construction projects and maintenance operations. The use of Law enforcement will vary from project to project and the core team decides whether to use these services. If law enforcement is selected, the core team must also determine the type of enforcement that will provide the greatest benefit to the safety of the work zone, the location within the work area where enforcement is intended to occur, and the schedule of when it can best be used to compliment the traffic control plan. These details should be included in the traffic control plan and discussed with law enforcement as described in the job special provisions(provide link to sample JSP). The core team should not merely include the provision for law enforcement in the contract without providing specific instructions describing the desired results.
616.16.1 Guidelines for Providing Law Enforcement Services
The following are recommended procedures to provide law enforcement in MoDOT construction zones.
A. Funds for work zone enforcement will be transferred and administered by the Highway Safety section of the Traffic and Highway Safety Division.
B. Each district is to forecast the number of enforcement hours needed and the designated routes scheduled for the year’s construction projects. The average hourly rate for law enforcement is approximately $75.00 per hour.
C. Each district is to set up and include in the STIP their funding levels for the activity needed. The Highway Safety section will reimburse the city, county and state law enforcement agencies. Each district should establish a contact, if possible, to work with the Highway Safety section to avoid confusion on district work zone enforcement priorities and funding allocation.
D. The district submits these estimates and designated roadways to the Highway Safety section for review. The Highway Safety section will contact law enforcement agencies to attend a meeting in the district to discuss schedule scope and the requested enforcement activity logistics. This meeting will provide the first opportunity to communicate the desired type and level of enforcement. The law agencies should be contacted at least three months prior to the actual time enforcement is needed. This allows time for the law enforcement agency, local government councils, commissions and MoDOT’s Chief Counsel Office to review the contract.
E. The Highway Safety section will work up the appropriate contract agreements and send these to the selected law enforcement agencies.
F. A pre-construction meeting will be held with the district, construction companies and law enforcement agencies to finalize project time, schedule, scope and logistics. The pre-construction meeting will be used to communicate the details of the traffic control plan and how law enforcement activities can best compliment this plan. These details include the type of enforcement that will provide the greatest benefit to the safety of the work zone, the location within the work area where the enforcement is intended to occur, and the schedule of enforcement. This meeting should take place 2 to 3 months prior to the actual work being conducted to allow law enforcement agencies to prepare officer work schedules.
G. Districts will work directly with law enforcement agencies to ensure proper enforcement coverage in designated work zones.
H. Enforcement activity billing will be sent to the Highway Safety section for review and approval. All activity will be tracked and a detailed report of expenditures and enforcement activity will be provided to appropriate personnel.
616.16.2 Guidelines for the Selection of Law Enforcement Services
To foster the continued use of and streamline the process for securing this service, MoDOT district staff will identify those projects or operations that can benefit from such support and estimate the number of service hours needed for each project or operation identified. This information will then be used to establish a project number with associated funding for the reimbursement of law enforcement services to be provided in each district and assist the Highway Safety section in securing those services for the districts. Consider law enforcement for:
- Types of Facilities
- Freeway
- Expressway
- Multilane with shoulders
- Speeds
- Normal posted speed greater than or equal to 55 mph
- Operating speeds greater than speed limit
- Traffic Control
- Lane closure
- Moving operation in lane
When discussing the possibility of using law enforcement services, the core team should also consider:
- Past experience in an area or with a type of work
- Availability of law enforcement
- Complexity or impact of a project/operation
- Output from MoDOT’s Transportation Management Strategy Matrix
- Whether there is a propensity for traffic back-ups
- Whether law enforcement would aid a project performed as night work
There is no pay item for law enforcement services.
Sample Law Enforcement Job Special Provision
LAW ENFORCEMENT IN THE WORK ZONE
1.0 Description. This project has been identified as a candidate for utilizing law enforcement personnel in the work zone to help control traffic and promote safety.
1.1 If the Missouri Highway Patrol or a local law enforcement agency is available to patrol the work zone, the engineer will invite a representative from that agency to the preconstruction conference to discuss the scope of the proposed enforcement. The contractor shall present any variations planned to the Traffic Control Plan to the engineer for review prior to the conference.
The pre-construction meeting will be used to communicate the details of the traffic control plan and how law enforcement activities can best compliment this plan. These details include the type of enforcement that will provide the greatest benefit to the safety of the work zone, the location within the work zone where the enforcement is intended to occur, and the schedule of when it can most effective.
From the discussion at the pre-construction conference, a strategy will be developed that best utilizes the hours available for use of law enforcement in the work zone. The intent is to use the law enforcement hours spaced at various times and durations throughout the life of the project.
1.2 The engineer will contact the law enforcement agency and make all arrangements to schedule this work. The contractor may make suggestions to the engineer for improving the strategy at any time. The engineer will contact the law enforcement agency with any approved changes.
1.3 The engineer shall make the final decision on the use and frequency of law enforcement.
2.0 Basis of Payment. The Commission will reimburse the law enforcement agency per terms of the agreement between the two agencies. The contractor will not be part of that agreement and will not be required to participate in the cost. No direct payment will be made to the contractor for any costs associated with this provision.
