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Local Public Agency Newsletter

Summer Newsletter


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Table of Contents

Right of Way Guidance

LPA Manual Changes

LPA Training

LPA Project Management Tool

DBE Good Faith Effort

Troost Bridge Project

Shoal Creek Project

 

KC Advisory Team Members

George Binger, City of Lee's Summit

Gerri Doyle, MoDOT

Darryl Fields, MARC

Bill Graves, City of Warrensburg

Scott Heavin, HNTB

Mike Landvick, MoDOT

Lee Ann Kell, MoDOT

Dennis Randolph, City of Grandview

Steve Rhoades, Patti Banks Associates

Linda Rottinghaus, Affinis

Jeff Sell, City of Blue Springs

Rich Shipley, MoDOT

Chad Thompson, City of Kansas City

Mario Vasquez, City of Kansas City

Jackie White, MoDOT

 

Guidance on Seeking In-Kind Credit for Right of Way Donation on BRO and STP Small City Projects

 

The guidance given in the EPG section 136.8.7.2.2 for “Donation of Property for Credit to LPAs Matching Share (Soft Match)” is,  “It is extremely important that the estimated value of the donation be included in the overall project costs (for eventual right of way phase obligation) when the original application is made for project funding. If this is not done at that time, the credit for the donation will not be available and those funds must come from the construction costs obligated. This will effectively wipe out any credit sought for the donation, and render that donation useless.”

Because BRO and STP small city funding doesn’t require a funding application, the following additional language will soon be added to the LPA manual. “For projects that do not start with funding applications such as BRO or STP small city funded projects, the LPA must request funding for right of way per section 136.8.2.2 as if they were expecting to have to purchase right of way.  This will ensure that FHWA is made aware of the intent to acquire right of way and will also secure right of way funds if land owners determine that they do not wish to donate.  This process must be followed for expected donations of both permanent and/or temporary easements.  If the property is donated as was originally expected then the dollars that were obligated to right of way can be used toward construction costs and a donation credit can be requested toward the LPA’s match for the project.”

If you wish to apply the donation of properties to the LPAs credit, you must follow the guidelines noted above and in figure 136.8.19 and then submit the following documentation to your MoDOT project contact after the donated property is acquired.

 

  • Letter on LPA letterhead requesting credit for donated right of way toward the local agencies match

  • Right of way Clearance Certification Statement (form 136.8.8)

  • Waiver Valuation (figure 136.8.34) for each parcel.   Note the standard practice for temporary easements is 10% of the property appraisal value. 

 

There may not be enough value in the donations to make this worth the effort, but this option is available if done correctly. 


MoDOT Summarizes LPA Manual Changes

 

LPA Changes


    

Contact Info:

Rich Shipley

816.607.2228

Jackie White

816.607.2255

Dave Luther

816.607.2136

James Bentley

816.607.2105

 

Archives

Fall 2011 Newsletter

Spring 2012 Newsletter

 

LPA Training Offered in Kansas City

MoDOT and the Federal Highway Administration (FHWA) recently offered a four hour training class in the Kansas City district on May 29, 30, and 31 that wLPA Trainingas designed to meet the recently implemented requirements for an Elected Official or Full Time Public Employee to serve as an LPA Project Certified Person in Responsible Charge. 

The class covers the basics of consultant selection procedures, record keeping, contract administration and billing followed by a short exam.  All local public agencies and engineering consultants will be required to have passed this training course by the end of 2012.

If you missed this training opportunity in Kansas City district other class opportunities yet to be scheduled will be available this fall.


MoDOT Creates a LPA Project Management Tool

MoDOT is implementing a database tool on Sharepoint to manage LPA projects statewide in a more uniform manner.  Currently the database tool is only available to MoDOT LPA staff.  Project information and documentation for active projects is currently being entered and reports are being created and generated from the information to better manage all local projects as a program.  MoDOT is considering active projects as those that have obligated federal funds and includes projects under design and in construction including those completed construction projects that have not submitted final documentation to MoDOT for close out.

The eventual goal is to offer FHWA and local agencies the ability to access project information externally.  FHWA will be able to use the project information for desktop audits.  Local agencies and/or their consultants will be able to use the database to review or post project information to the database. 


   

DBE Good Faith Effort for LPA

Often Disadvantaged Business Enterprise (DBE) goals are set for federal-aid projects as part of the construction bid.  A bidder must, in order to be responsible and/or responsive, make good faith efforts to meet that goal.  The bidder can meet this requirement in two ways; 1) the bidder can meet the goal with approved DBE participation; or 2) if the goal is not met, the bidder can document it took all necessary and reasonable steps to achieve a DBE goal.

Below are some of the actions considered when a good faith effort is being evaluated by MoDOT.  These should all be documented by the contractor while going through the process of meeting the DBE goal.  Evidence of negotiations should include the names, addresses and telephone numbers of the DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached. 

  • Soliciting through all reasonable and available means (i.e. attending the pre-bid meeting, advertising and/or written notices) for DBE participants capable of performing the work.  Available federal, state and local minority/women business assistance offices are another resource for potential DBE leads.  Sufficient time must be given to allow DBE participants to respond to solicitations.
  • Selecting portions of the work to be performed by the DBE’s in order to increase the likelihood of participation.  This may require the prime contractor to sub-contract portions of the project that they would normally do themselves in order to meet the goal.
  • Providing DBE’s with adequate information about plans, specifications, and requirements of the contract.
  • Negotiating in good faith with interested DBEs.  The prime contractor’s ability to do the work themselves does not relieve them of the responsibility of making a good faith effort.  It is the bidder’s responsibility to make a portion of the work or materials available for DBE participation.  This is a business judgment and the prime should take the DBE’s price and capabilities into consideration.  These capabilities should be investigated and documented.  The fact that there may be additional costs involved in finding a DBE is not sufficient reason for a bidder to fail to meet the DBE goal, as long as the costs are not unreasonable.  Documentation of negotiations with DBE participants is important when a good faith effort is under review.

Remember, DOCUMENT… DOCUMENT…DOCUMENT throughout the process of acquiring DBE participation.  Even if you believe you have sufficient participation, errors are made and situations change.  By properly documenting your process and making every available effort to meet the goal, you can show a good faith effort in the DBE process.


Troost Bridge ARRA Project Complete

Troost NightTroost Bridge

 

 

 

 

 

 

 The two year improvements to the intersection of Troost Avenue and Volker Boulevard were completed and a ribbon cutting was held on May 5, 2012.  The project consisted of the bridge replacement along Troost Ave over Brush Creek and roadway widening and resurfacing to the intersection.  The intersection has improved lighting, signals, ADA accessibility and trail way enhancements.  This functional and aesthetically pleasing project marks another improvement along Brush Creek giving visitors further pedestrian access, improving congestion and providing better access to all.  Congratulations to the City of Kansas City!


Gladstone's Shoal Creek Segment 5 Complete

 Shoal Creek Work

Gladstone held its final inspection for its latest segment of trail along Shoal Creek back in March. The ten foot wide bicycle and pedestrian trail was constructed from Route 1 to Maplewoods Parkway.  This marks another segment improvement along Shoal Creek for the community and its visitors.  Congratulations to the City of Gladstone.

 

 

 

 

 
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