LPA:136.13 LPA Policy Changes

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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".

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 136.12.3.4.

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 136.3.8.9 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 136.12.3.3. 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 136.3.8.7.2 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 136.12.3.3.1 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 136.12.3.3.1 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 136.12.3.3.1, 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 136.12.3.3.1 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 136.3.15.1 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.