642.6 Local Projects and ADA Considerations
Requests for improvements to pedestrian facilities often come from the public involvement efforts associated with larger projects. Requests from the public for improved accessibility, removal of existing barriers to access or to make an intersection ADA compliant will be addressed on a case-by-case basis at the earliest opportunity. These requests should be included in the ADA Database and addressed with either the current project or may occur as part of another project or completed by maintenance.
For off-system projects and construction projects completed by permit, the department, during its initial meeting or discussion with the owner or owner representative of the project will identify or restate the ADA obligations for the project. Written notice of areas of noncompliance found beyond MoDOT right of way should be provided to the owner. Work necessary to bring these items into ADA compliance should be included in off-system projects and on permitted projects on right of way.
Costs for new pedestrian facilities, including right of way, construction and maintenance, should be included in the project costs, but may also be funded in partnership with local jurisdictions or by local jurisdictions alone, by Transportation Enhancement (TE) funds, other non-federal sources or any combination of these. Existing pedestrian facilities disturbed by any MoDOT improvement will be replaced to meet current design standards to the maximum extent feasible.
Agreements with local jurisdictions or others will be used to address funding and maintenance issues for pedestrian facilities constructed on or off of MHTC right of way. Standard form agreements are available. Detailed information concerning the sequence for preparing and executing a project agreement is available in EPG 235.2.3 Municipal Agreements and County Agreements. The agency responsible for maintenance will be established prior to construction. MoDOT assumes legal liability for pedestrian facilities on MHTC right of way unless this responsibility is addressed by agreement, with MoDOT personnel performing regular inspections to ensure proper maintenance is performed as provided under terms of the agreement. If maintenance is not performed as required by agreement, MoDOT will take necessary steps to ensure proper maintenance is provided with the cost borne in accordance with the agreement.