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Local Public Agency (LPA) Basic Certification Training 11-07-2013. 1. A Living Document Provides links to References and Resource People Defines the Process for: Project Development Letting Construction. LPA Guidance Document. 2. LPA Guidance Document. Critical Elements Fatal Flaws - PowerPoint PPT Presentation

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Page 1: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Local Public Agency (LPA)Basic Certification Training

11-07-2013

1

Page 2: Local Public Agency (LPA) Basic Certification Training 11-07-2013

A Living Document Provides links to References and

Resource People Defines the Process for:

Project Development Letting Construction

LPA Guidance Document

2

Page 3: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Guidance Document

Critical Elements Fatal Flaws Documentable Proof

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Page 4: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Resources

INDOT Central Office:Kathy Eaton-McKalip, Director LPA

Certification Training LPA & Grants Administration VACANTIndiana Department of Transportation LPA

Policy Coordinator100 North Senate Avenue, Room N955

(317) 234-7930Indianapolis, Indiana [email protected]

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Page 5: Local Public Agency (LPA) Basic Certification Training 11-07-2013

District Local Program DirectorsCrawfordsville DistrictSusan KempPhone: (765) 361-5228Email: [email protected]

Greenfield District OfficeKim BowdellPhone:   (317) 467-3440Email: [email protected]

Seymour District OfficeDebra AultPhone: (812) 524-3969Email: [email protected]

Fort Wayne District OfficeDavid ArmstrongPhone:  (260) 969-8277Email: [email protected]  LaPorte District OfficeMarcia BlansettPhone:   (219) 325-7564Email: [email protected]  Vincennes District OfficeJaclyn SchmittPhone:   (812) 895-7393Email: [email protected]

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Page 6: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Resources

Any questions regarding the training, the LPA Guidance Document or conflict with other guidance materials and manuals, contact:

[email protected]

(until another LPA Policy Coordinator is assigned to the ERC Training)

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Page 7: Local Public Agency (LPA) Basic Certification Training 11-07-2013

PROGRAM INTRODUCTION

CHAPTER ONE

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Page 8: Local Public Agency (LPA) Basic Certification Training 11-07-2013

ROLES AND RESPONSIBILITIES

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Page 9: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Federal Highway Administration (FHWA)

FHWA – Responsible for ensuring adequate and proper delivery of federal-aid projects.

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Page 10: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Indiana Department of Transportation (INDOT)

INDOT:a. Provides technical assistance to the

LPAb. Accountable to FHWA to ensure all

project elements comply with federal law and regulations

c. Ensures that local projects utilizing federal funds made available by INDOT are appropriately utilized in a timely manner and are in compliance with all federal and state regulations

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Page 11: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Local Public Agency (LPA) LPA:

a. Must have a certified Employee in Responsible Charge (ERC) before applying for federal-aid funds for a project.

The ERC role cannot be filled by a consultant or a contract employee hired by the LPA.

The ERC must be an employee of the LPA.

Because many smaller LPAs do not maintain full time staff, the ERC is not required to be a full time employee.”

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Page 12: Local Public Agency (LPA) Basic Certification Training 11-07-2013

ERC (cont.)Responsibilities of the ERC:

Managerially responsible for project

Listed in Section 1-3.02 of the LPA Guidance Document

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Page 13: Local Public Agency (LPA) Basic Certification Training 11-07-2013

ERC (cont.)A few of the responsibilities of the ERC: Submits electronic project application Ensures the INDOT-LPA Project Coordination

Contract is executed and returned to INDOT Submits the Requests for Proposals to INDOT

for a consultant LPA’s ERC is responsible for attending

Quarterly Tracking meetings and submitting required electronically Quarterly Reports detailing up-to-date cost estimates and schedules through project construction.

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Page 14: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Consultant Project Manager Consultant Project Managers must attend

LPA Project Development Training and become certified prior to working on an active project.

Must earn 6 LPA Program related credits (PDHs/CEUs) each year thereafter to maintain certification.

The consulting firm must be on INDOT’s pre-qualified consultant list.

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Page 15: Local Public Agency (LPA) Basic Certification Training 11-07-2013

METROPOLITAN PLANNING ORGANIZATION (MPO)

COORDINATIONChapter Six

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Page 16: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Metropolitan Planning Organization (MPO)

What is a MPO?

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Page 17: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Transportation Improvement Program (TIP)

What is a TIP?

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Page 18: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Statewide Transportation Improvement Program (STIP)

What is a STIP?

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Page 20: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Understanding MPOsMetropolitan Planning Organization (MPO)Maps showing the urban area boundary for each MPO:http://dotmaps.indot.in.gov/apps/PlanningDataViewer/FC_Maps/FC_listing.asp

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Page 21: Local Public Agency (LPA) Basic Certification Training 11-07-2013

MPO Coordination LPAs outside of the Urbanized Area (UZA),

but inside the Metropolitan Planning Area Boundary (MPA), should submit their projects to the MPO for concurrence.

All Indiana MPOs conduct Quarterly Tracking meetings. The flow of information should be bi-directional.

MPO_INDOT Cooperative Operations Manual www.in.gov/indot/files/LPA_MPOManual.pdf Indiana MPO Council Website www.indianampo.com

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Page 22: Local Public Agency (LPA) Basic Certification Training 11-07-2013

MPO Coordination Most LPA Surface Transportation (STP) funded

projects located within an Urbanized Area are funded by the Metropolitan Planning Organization (MPO) using selection criteria established by the MPO’s Policy Committee.

LPAs must notify the MPO of any change in project scope, project phase costs, project/phase timelines, funding sources, etc. so the MPO can appropriately modify or amend its TIP.

LPAs must familiarize themselves with the MPO’s established Change Order Policy and comply with that policy.

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Page 23: Local Public Agency (LPA) Basic Certification Training 11-07-2013

PROJECT PROGRAMMINGCHAPTER FIVE

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Page 24: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Early Coordination Meeting Early Coordination meeting

Project Development Process Consultant Selection Process LPA-Consulting Contract INDOT-LPA Contract Funding phases Environmental Process Right-of-Way Acquisition Process Schedule and Budget Responsibilities of the Local Public Agency

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Page 25: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The District Local Program Director will contact the LPA & Grant Administration Office for the INDOT-LPA Contract after the Early Coordination meeting.

1 contract covering all phases TIP (if applicable) and STIP FMIS approval

INDOT-LPA Contract

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Page 26: Local Public Agency (LPA) Basic Certification Training 11-07-2013

INDOT-LPA Contract Terms: Funding Window LPA’s responsibilities INDOT’s responsibilities Maximum amount of federal funds,

including credits, for the project.

INDOT-LPA Contract – Contract Terms

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Page 27: Local Public Agency (LPA) Basic Certification Training 11-07-2013

INDOT-LPA Contract (cont.)Supplemental INDOT-LPA Contracts:

Changes in the scope Changes in the federal funding Changes in funding sources Additional award Move to a different letting

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Page 28: Local Public Agency (LPA) Basic Certification Training 11-07-2013

INDOT-LPA Contract (cont.)Supplemental LPA-Consulting

Contracts:

When the LPA and Consultant execute a supplemental contract between them, is it okay to continue working on the project?

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Page 29: Local Public Agency (LPA) Basic Certification Training 11-07-2013

INDOT-LPA Contract (cont.)Executed INDOT-LPA Contract returned to District Local Program Director

Executed contract must be returned within 6 months of receipt of contract

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Page 30: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Signature process of the INDOT-LPA Contract:

Required signatures1. INDOT – Contract Administration

Division and Chief of Staff2. Indiana Department of Administration3. State Budget Agency4. Attorney General’s Office.

INDOT-LPA Contract

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Page 31: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Request for Federal FundsFiscal Management Information System (FMIS)

FMIS: federal authorization for the use of Federal-aid funds on a specific project phase

Every project phase must have FMIS Authorization before any work begins.

The ERC must request FMIS authorization for the Right-of-Way phase in writing after the environmental document has been approved.

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Page 32: Local Public Agency (LPA) Basic Certification Training 11-07-2013

FMIS Authorization Important revision to the

LPA Guidance Document:

Before funds can be requested through FMIS:

The project phase must be in the TIP (if applicable) and the STIP.

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Page 33: Local Public Agency (LPA) Basic Certification Training 11-07-2013

FMIS Authorization (cont.) INDOT must have a copy of the

executed LPA-Consulting Contract. The INDOT–LPA Contract must be

approved by the Attorney General’s office.

A Purchase Order will be opened. Notice to Proceed to the LPA is given

by the District Local Program Director

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Page 34: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Notice to Proceed

What is the most important thing to remember before beginning work on a project phase?

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Page 35: Local Public Agency (LPA) Basic Certification Training 11-07-2013

FMIS Authorization (cont.)ANSWER:If you want reimbursed for any work your Consultant has done on a project, you must wait to receive INDOT’s written Notice to Proceed!

(Applies to original and supplemental contracts and also supplemental LPA-Consulting Contracts)

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Page 36: Local Public Agency (LPA) Basic Certification Training 11-07-2013

CONSULTANT CONTRACTINGChapter 7

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Page 37: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Consultant Contracting

Topics covered in this chapter include: Applicability and LPA Responsibilities Selection Process Contract Scoping and Negotiation Contract Administration Errors and Omissions Documentation

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Page 38: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Consultant ContractingRegulations

23 CFR Part 172 – “Administration of Engineering and Design Related Services Contracts”

Title 40 USC, Chapter 10, Subchapter VI “Brooks Act” – Qualifications Based Selection

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Page 39: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Applicability and ResponsibilityWhen consultant services are to be funded with federal-aid dollars, or by credits used as a match for construction, the LPA must follow all Federal requirements.

When no Federal dollars are used to pay for services, the selection requirements of Chapter 7 do not apply, however; all services leading to federally funded construction must be performed by INDOT prequalified consultants.

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Page 40: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Applicability and Responsibility

Federally funded consultant selection, contracting and contract administration activities shall be performed by or under the supervision of a certified Employee in Responsible Charge (ERC).

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Page 41: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Consultant Selection Toolkithttp://www.in.gov/dot/div/legal/rfp/LPARFP/LPAConsultantSelectionToolkit.pdf

Links to all relevant documents are included in this Toolkit!!!

Prepare RFP Request Past Performance Data and Verify

Prequalification Scoring Ties and DBE Verification LPA Selection Review Checklist INDOT Selection Process Approval

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Page 42: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA prepares Request for Proposal (RFP) Use RFP Template Identify Prequalification Requirements Contact Economic Opportunity Division

(EOD) for Disadvantaged Business Enterprise (DBE) goalInclude in request: Brief Description of Project; DES No.; Total Project Cost; Estimated Fee; Typical Sub-consulting Opportunities Associated with Type of Service; Copy of RFP; your e-mail

On-line: http://www.in.gov/indot/div/legal/dbe/dbegoalrequestform.htm Email: [email protected]

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Page 43: Local Public Agency (LPA) Basic Certification Training 11-07-2013

RFP Advertisement

Submit RFP to INDOT District INDOT posts RFP to website

LPA may also post locally LPA receives Letter of Interest (LOI) Minimum of 3 responses

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Page 44: Local Public Agency (LPA) Basic Certification Training 11-07-2013

RFP Responses Received LPA requests past performance scores from

district LPA verifies prequalification requirements

met LPA rates firms and ranks LPA submits Affirmative Action Certification

Form of top ranked firm to EOD for approval LPA Selection Review Checklist

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Page 45: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Verify Prequalification Requirements! Verify INDOT Pre-qualification of firms who

submitted LoIsPrequalification information: http://www.in.gov/indot/2732.htm

The Prime Consultant is not required to be pre-qualified in every work type; however, either the Prime or the Sub-Consultants must be pre-qualified in every work type category listed in the RFP. The LPA must confirm the pre-qualifications for both.

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Page 46: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Selection Rating Sheet (City, County, Town, etc.) - or - (Local Public Agency)

Evaluation Criteria to be Rated by ScorersCategory Scoring Criteria Scale Score Weight Weighted

ScorePerformance evaluation score averages from historical performance data.

Quality score for similar work from performance database. 1.2 6 7.2Schedule score from performance database. 0.1 3 0.3

Responsiveness score from performance database. 1.1 1 1.1Evaluation of the team's personnel and equipment to perform the project on time.

Availability of more than adequate capacity that results in added value to INDOT. 1Adequate capacity to meet the schedule. 0

Insufficient available capacity to meet the schedule. -3Technical expertise: Unique Resources that yield a relevant added value or efficiency to the deliverable.

Demonstrated outstanding expertise and resources identified for required services for value added benefit. 2

Demonstrated high level of expertise and resources identified for required services for value added benefit. 1Expertise and resources at appropriate level. 0

Insufficient expertise and/or resources. -3Predicted ability to manage the project, based on: experience in size,complexity, type, subs, documentation skills.

Demonstrated outstanding experience in similar type and complexity. 2Demonstrated high level of experience in similar type and complexity. 1

Experience in similar type and complexity shown in resume. 0Experience in different type or lower complexity. -1

Insufficient experience. -3Project Understanding and Innovation that provides cost and/or time savings.

1High level of understanding and viable innovative ideas proposed. 2High level of understanding of the project. 1

Basic understanding of the project. 0Lack of project understanding. -3

Location of assigned staff office relative to project.Within 50 mi. 151 to 150 mi. 0

151 to 500 mi. -1Greater than 500 mi. -2

63.6

Signature:

Print Name:

Title:

0 5 0

Location

Team's Demonstrated Qualifications

RFP Selection Rating for __________________________________ Des. No. ____________

Approach to Project

2

Consultant Name: _________________________ Services Description: __________________________

1

200

1

Project Manager

Past Performance

15 30

15 15

10 10

0

Capacity of Team to do Work

Weighted Sub-Total:

It is the responsibility of scorers to make every effort to identify the firm most capable of producing the highest quality deliverables in a timely and cost effective manner without regard to personal preference.

I certify that I do not have any conflicts of interest associated with this consultant as defined in 49CFR18.36.

I have thoroughly reviewed the letter of interest for this consultant and certify that the above scores represent my best judgment of this firm’s abilities.

_______________________________

_______________________________

_______________________________

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Page 47: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Rating Sheet CertificationIt is the responsibility of scorers to make every effort

to identify the firm most capable of producing the highest quality deliverables in a timely and cost effective manner without regard to personal preference.

I certify that I do not have any conflicts of interest associated with this consultant as defined in 49CFR18.36.

I have thoroughly reviewed the letter of interest for this consultant and certify that the above scores represent my best judgment of this firm’s abilities.

Signature:_________________Print Name:________________Date:_________

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Page 48: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Ranking Tabulation Form

Consultants Bob Smith

Ran

k Becky Jones R

ank Richard

Williams Ran

k Henry Robinson R

ank Member 5

Name Ran

k Rank Totals

Firm Ranking

A Engineers, Inc. 80 1 70 2 80 1 80 1 5 1E Architects & Engineers 80 1 70 2 60 2 70 2 7 2C and Associates 70 3 80 1 60 2 60 3 9 3B Consultants 40 4 40 5 50 4 30 4 17 4D Consulting Engineers 30 5 50 4 40 5 30 4 18 5

0000000

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Page 49: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Selection Review Checklist

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Page 50: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Selection Review Checklist – General Information

General Information: Number of Letters of Interest received __, if less

than 3 attach documentation of recruitment efforts.

Number of teams that not meet prequalification requirements_____. Explain why teams did not meet qualifications. __________________________________________________________________________

If pre-screening was used, was it consistent with the process advertised in the RFP? (Yes)(No)_________.

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Page 51: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Selection Review Checklist – Score Sheets All scorers used the same score sheet as advertised in

the RFP. All scorers have scored all firms that met

prequalification requirements. All scorers used the values from the “Scale” column to

populate the “Score” column. The Location rating for the same firm has the same

value applied on every score sheet. Past Performance is applied consistently

(Only applicable if Past Performance is required) N/A The calculations for weighted scores and weighted sub-

totals are correct. The Signature and Date of Scorer is on each score sheet.

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Page 52: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The signature of Scoring Team Leader and Date are on Tabulation Sheet.

All qualified firms are listed on the form. The total scores at the bottom of each individual

score sheet were correctly reflected on the Tabulation Form.

Highest ranked lead firm is INDOT prequalified. (Applicable when INDOT Prequalification is required in RFP.)

The highest ranked team (Lead & Sub firms) is prequalified to perform all work types listed in the RFP.

Selection Review Checklist - Tabulation Sheet

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Page 53: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Approval of Consultant Selection The LPA Selection Review Checklist should be signed

by the ERC.

The LPA Selection Review Checklist is submitted to the District Local Program Director along with the following:

Advertised RFP DBE Goal set email at ___ % DBE Goal met email from EOD Past Performance Data as provided by INDOT Scoring Tabulation Sheet and Score Sheets Affirmative Action Certification Form for the top

ranked firm53

Page 54: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Approval of Consultant Selection The District reviews the consultant selection

information.

If there are no errors that need correction, the District signs the LPA Selection Review Checklist.

The District emails a copy of the approved LPA Selection Review Checklist to the LPA, stating in the email the LPA may begin negotiations with their No. 1 ranked firm.

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Page 55: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Scoping Meeting

Communicate project expectations

Answer questions

Set due date and requirements for proposal package

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Page 56: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Compensation Methods

Lump Sum – Good method to use when the scope of work is well defined and when there is confidence in level of effort required. Not acceptable for construction inspection.

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Page 57: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Compensation Methods

Negotiated Labor Rate – Acceptable method to use when the scope is not well defined or when the consultant is not in control of the level of effort. Typically used for construction inspection.

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Page 58: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Compensation Methods

Cost Plus Fixed Fee – Acceptable method to use when the scope is well defined but there is a lower degree of confidence in the level of effort required. Consultants must have full CPA Audit or Cognizant Audit prequalification financial approval to use this method.

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Page 59: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Compensation Methods

Unit Price – Good method for use with repetitive well defined units of work. Typically used for geotechnical and right-of-way (ROW) services. INDOT approved unit price rates for ROW services are available on the INDOT website.

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Page 60: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Compensation Methods

Advice about use of multiple methods. Lump sum and hourly compensation elements should not be mixed in a contract unless the methods would be applied during different defined time periods or unless there is no overlap in the staffing who will be performing the work elements.

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Page 61: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA – Consulting Contract

Always use current “Boilerplate” LPA-Consulting Contract posted on INDOT’s website at: http://www.in.gov/indot/2390.htm

LPA and Consultant MUST use this contract to be eligible for consultant expenses

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Page 62: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA – Consulting Contract Project specific issues can be addressed

within these contracts by amending the appropriate Appendices

Appendix A – Services to be Furnished by the Consultant

Appendix B – Information and Services to be Furnished by the LPA

Appendix C – Schedule Appendix D – Compensation

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Page 63: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Proposal Package Scope of Work formatted for

contract Fee Proposal

Detailed person-hour breakdown by task

Overhead rateProfit rateComputation of total costs

Overhead Rate Documentation63

Page 64: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Fee Proposal Review Review task list and hours Verify overhead rate Review escalation - INDOT posts Employment

Cost Index rate from Bureau of Labor & Statistics - http://www.in.gov/indot/files/DBWI_ProposalsContracts_EscalationRates.pdf

Review profit rate See INDOT Profit Rate Matrix -

http://www.in.gov/indot/files/ProfitMatrix.pdf

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Page 65: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Review Checklist

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Page 66: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Submit Draft Contract for INDOT Review Signed LPA-Consultant Contract Review Checklist

Contract Review Checklisthttp://www.in.gov/dot/div/legal/rfp/LPARFP/LPA-ConsultantContractReviewChecklist.pdf

Unsigned Draft LPA-Consulting Contract

Consultant Fee Proposal (manhours and fee justification)

Consultant Prequalification Letter

All LPA – Consulting Contracts and supplemental contracts must be reviewed by INDOT prior to beginning any work.

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Page 67: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Submit for FMIS Authorization

LPA may not issue a Notice to Proceed to their consultant prior to receiving the Notice to Proceed from INDOT. Expenses incurred prior to the Notice to Proceed will not be eligible for FHWA participation.

Invoices must be reviewed to verify consistency with the contract

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Page 68: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Errors and Omissions

INDOT expects Consultants to deliver technical accuracy and quality work; however, project errors and/or omissions (E&O) may occur.

Refer to INDOT’s Professional Services Contract Administration Manual for instructions.

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Page 69: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Critical Elements & Fatal Flaws Certified ERC Advertised RFP DBE Goal Prequalified Consultant and/or Team Proper Procedures followed including Scoring

and Ranking Use of Standard Boilerplate LPA-Consulting

Contract Contract Reviewed by INDOT NO Work performed prior to INDOT’s Notice

to Proceed

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Page 70: Local Public Agency (LPA) Basic Certification Training 11-07-2013

PLAN PREPARATIONChapter 9

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Page 71: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Roles and Responsibilities The District Project Manager (PM) is the first

contact. The District will coordinate with Central Office as

needed. The LPA and their Consultant are responsible for

uploading plans and documents to ERMS.*When documents and plans are uploaded into ERMS, it is critical that the District ERMS Coordinator is copied. See Guidance Document for specific communication standards and contact information.

The LPA and their Consultant are responsible for maintaining the schedule and timeliness in getting the project to letting. (ERMS – Electronic Reporting Management

System)71

Page 72: Local Public Agency (LPA) Basic Certification Training 11-07-2013

SECTION V TERM AND SCHEDULESECTION V TERM AND SCHEDULE.  A. If the LPA has the plans, special provisions, and cost

estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract) between July 1,       and June 30,      , INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible.

 B. In the event that federal funds for the Project are not

obligated during the period listed in section V.A., the federal funds allocated to the Project will lapse.

 72

Page 73: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Responsibility for Design and QC/QA

The LPA and their consultant are responsible for the preparation of:

All Plan Sheets Design Computations Quantity Computations Final Package/Tracings Documents Engineer’s Estimate All other Pertinent Project Documents necessary to

certify the project is ready for construction.

The LPA and their consultant are responsible for quality control and quality assurance with detailed documentation.

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Page 74: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plan Development Process Plan development begins at the inception of

the project Performed concurrently with other activities Stage 3 Plans are required for INDOT review Stage 1 Plans are required if there are Level

1 Design Exceptions LPA may request Stage 1 and Stage 2

reviews

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Page 75: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Design CriteriaProjects must be designed in accordance with the Indiana Design Manual (IDM), FHWA and AASHTO requirements.Level 1 Design Criteria

Critical to safety and serviceability Design exception required if not all Level 1 criteria are

met Requires a Stage 1 Review Submission

Level 2 Design Criteria Important to safety and serviceability Exceptions concurred with by LPA

Level 3 Design Criteria Any item not listed as Level 1 or Level 2

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Page 76: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Conformance: Level 1 Design Exception Criteria

1. Design Speed 2. Lane Width3. Shoulder Width 4. Bridge Width 5. Structural Capacity6. Horizontal Curvature 7. Superelevation

Transition

8. Stopping Sight Distance

9. Maximum Grade 10. Travel Lane Cross

Slope11. Superelevation Rate12. Minimum Vertical

Clearance 13. American Disabilities

Act (ADA)14. Bridge Railing Safety

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Page 77: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 1:FIELD SURVEY

Required on almost all projects Gather data on existing topography Initial utility survey

STEP 2:HYDRAULIC DESIGN APPROVAL

Drainage system adequacy Water quality Waterway opening for bridges

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Page 78: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 3: FIELD CHECKS

Preliminary field check is required on most projects

An opportunity for involved parties to review the plans

STEP 4: GEOTECHNICAL INVESTIGATION

Evaluate subsurface conditions

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Page 79: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 5:PAVEMENT DESIGN SUBMISSION

Designer is responsible for design Compliance with IDM Chapter 52 Design stamped with Pavement Designer’s PE

stamp Checked by second PE Reviewed by the ERC Submitted by the Designer in ERMS, with copy to:

ERC INDOT District Pavement Engineer District Project Manager

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Page 80: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Alternate Pavement BidAlternate Pavement Designs are required

for: New pavement Pavement replacement Major rehabilitation with mainline

pavement more than 10,000 yd²Life Cycle Cost Analysis (LCCA)

If within a 10% Cost difference, then an Alternative Pavement Bid is required.

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Page 81: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation Process

STEP 6:PROPRIETARY MATERIALS

Single source materials Approval must be obtained for FHWA to

participate in cost

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Page 82: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 7:UNIQUE PAY ITEMS AND SPECIAL PROVISIONS

Must be approved prior to Stage 3 Review Submission and reviewed by Estimates Manager and Specification Engineer

Non-participating items100% Local funds

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Page 83: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 8:STAGE 3 SUBMISSION REVIEW

Submitted at least 75 days prior to RFC date

30 day review period Reviewed for conformance with IDM and

for Fatal Flaws Reviewer comments must be addressed

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Page 84: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans Preparation ProcessSTEP 9:FINAL TRACINGS SUBMISSION

After Stage 3 and 30 days prior to RFC date

District reviews for conformance

STEP 10: CONTRACT REVISONS PRIOR TO LETTING

Approved by District Construction Engineer Up to 1 week prior to letting

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Page 85: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The Design FileAll documents related to the project design must be maintained by the LPA for 5 years after project close out and final audit:

Design criteria ADA – Americans with Disabilities Act Maintenance of traffic Design exceptions Proprietary materials

Stage 1, 2 and 3 Plans Geotechnical report Permits

See the Guidance Document for a complete list

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Page 86: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Critical Elements

Field Check Geotechnical Investigation - (If not needed, waiver

required) Pavement Design Construction Time Set Engineer’s Estimate Proprietary Material Approval (Min. 3 vendors) Shop Drawing Review (Done by designer) Design Documentation (Must be complete)

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Page 87: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Americans with Disabilities Act Keep in mind that a properly designed pedestrian facility, i.e., designed according to PROWAG or ADAAG, If constructed or installed improperly, may:

Not achieve the intended goal of accessibility Violate the Americans with Disabilities Act of

1990, as amended (42 U.S.C. Sec. 12101 et seq.)

ADAAG - American Disabilities Act Accessibility Guidelines Handout Provided on Detectable Warning SurfacesPROWAG - Public Right of Way Accessibility Guidelines 87

Page 88: Local Public Agency (LPA) Basic Certification Training 11-07-2013

ENVIRONMENTAL PROCESSING/PERMITTING

Chapter 8

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Page 89: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Introduction The LPA and their Consultant are responsible to ensure

the environmental document and approval covers all of the applicable federal regulatory requirements and is consistent with the plans.

The current “Indiana Categorical Exclusion Manual” and “Procedural Manual for Preparing Environmental Documents” will be used to document all impacts to the natural and human environment, with the following supplemental guidance specific to LPA projects.

INDOT’s Environmental Services (ES) should be contacted to resolve any disagreement between manuals.

Request clarification prior to submittal of the NEPA document.

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Page 90: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Environmental Document TypesCategorical Exclusions (CE)Programmatic CE

Minor Projects, No Permits Needed, No R/W, Uses Section 106 MPPA

CE-1 Minor Projects, <0.5 acre R/W, No Substantial Impacts, Water

Impacts Not Likely to Need Mitigation.CE-2

<10 acres R/W, Minor Impacts to Historical Resources, Water Impacts Will Likely Need Mitigation.

CE-3 >10 acres R/W, Substantial Changes to Existing Roads or

Noise LevelsCE-4

Federal Involvement – Section 106 of NHPA, Section 4(f) of DOT Act, Section 7 of ESA, Impacts to Ground Water

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Page 91: Local Public Agency (LPA) Basic Certification Training 11-07-2013

CE Level ThresholdsCE 1 CE 2 CE 3 CE 4

Relocations None ≤ 2 > 2 > 10Right of Way1 < 0.5 acre < 10 acres ≥ 10 acres ≥ 10 acresLength of added through lane None < 1 mile ≥ 1 mile ≥ 1 mile

Permanent Traffic pattern alteration None None Yes Yes

New alignment None None < 1 mile ≥ 1 mile2

Wetlands < 0.1 acre < 1 acre < 1 acre ≥ 1 mile

Stream Impacts≤ 300 linear feet of stream

impacts, no work beyond 75 feet from pavement

> 300 linear feet impacts or work

beyond 75 feet from pavement

> 1 acre > 1 acre

Section 4(f) None None None Any ImpactsSection 6(f) None None Any Impacts Any Impacts

Section 106*

“No Historic Properties Affected” or falls within

guidelines of Minor Projects PA

“No Adverse Effect” or “Adverse Effect” N/A If ACHP involved or

Historic Bridge

Noise Analysis Required No No Yes3 Yes3

Threatened/Endangered Species

“No likely to Adversely Effect” or falls within

USFWS 9/8/93 Programmatic Response

N/A N/A “Likely to Adversely Affect”5

Sole Source Aquifer Groundwater Assessment

Detailed Assessment Not Required

Detailed Assessment Not Required

Detailed Assessment Not Required

Detailed Assessment Required

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Page 92: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Typical Completion TimesLevel of CE Average Completion

TimeProgrammatic CECE Level 1

~1 Day 6-8 Weeks

CE Level 2 4-6 Months

CE Level 3 5-8 Months

CE Level 4 6-12 Months

EA/FONSI and EIS 12-36 Months

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Page 93: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Environmental Document Types Environmental Assessments (EA)

EA’s are used to document that large projects would have impacts similar to a CE with no Significant Impacts.

EA’s can have two outcomes FONSI (Finding of No Significant Impact) – NEPA is

satisfied/complete No FONSI Issued – An EIS will need to be prepared.

This scenario is very uncommon.Environmental Impact Statements (EIS)

Projects which expect significant environmental impacts or public controversy

Coordination With INDOT/FHWA Will Determine Which is Needed Coordination should be conducted as early as possible,

when a project substantially exceed the CE-4 Thresholds.

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Page 94: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Process Steps Notice to Proceed – Check for NEPA Prequalification Red Flag Investigation Preliminary Field Reconnaissance Environmental Early Coordination – Two Types,

Both May Be Needed Standard Agency Coordination Section 106 Coordination

Additional Studies Submittal to INDOT Draft CE release for Public Involvement Public Involvement Approved CE

CE - Categorical Exclusion 94

Page 95: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Project details and description of environmental resources are sent to resource agencies for feedback. This is known as early coordination.

Level of early coordination is project dependent.

Agencies have 30 days to respond. Some agencies may not respond - others are required: Fish and Wildlife Service State Historic Preservation Officer

Include INDOT’s Office of Public Involvement and the relevant MPO, if applicable.

Environmental Early Coordination

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Page 96: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Water Resources and Mitigation Identification of water resources is needed for NEPA

document. CE-1: < 300 linear feet stream impacts and

< 0.1 acre wetland impacts CE-2: > 300 linear feet stream impacts and < 1 acre wetland impacts CE-4: ≥ 1 acre wetland impacts

Mitigation may be needed when CE-1 stream or wetland thresholds are exceeded.

A Waters of the U.S. Report is strongly recommended with the NEPA Submission.

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Page 97: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Permits LPA’s and their consultants are responsible

for their own permits, as well as any technical studies.

Schedule Time for Permits and Mitigation USACE 404 IP ~ 12 to 18 months (mitigation?) USACE RGP/IDEM 401 IP ~ 4 to 7 months

(mitigation?) USACE NWP/IDEM 401 RGP ~ 3 to 4 months IDNR CIF ~ 9 months IDEM Rule 5 ~ 4 months

All required permits must be in hand prior to Final Tracings Submission.

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Includes review for archaeological sites and above ground resources.

Use of a Qualified Professional is required.

DNR’s Qualified Professionals Roster is available on DNR’s website at:

http://www.in.gov/dnr/historic/3675.htm

Cultural Resources

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Page 99: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Assessments by Qualified Professionals are reviewed by INDOT/FHWA and a “finding” is issued:

No Historic Properties Affected No Adverse Effect Adverse Effect – Mitigation Required through a

Memorandum of Agreement (MOA)Multiple mandatory review periods by

stakeholders. Typically, a minimum of two 30-day review

periods.

Cultural Resources

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Page 100: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The following items may be combined and submitted to save time in the coordination stage:

Early Coordination Area of Potential Effect Historic Properties Report Archeological Summary Preliminary Finding of Effect

Legal Notice/Public Comment periods may also be combined if it suits the project schedule.

Cultural Resources

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Page 101: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Most projects require informal consultation with resource agencies.

Standard coordination with US Fish and Wildlife Service (USFWS) (or 1993 MOU) and Indiana Department of Natural Resources (IDNR) Fish & Wildlife.

Agencies often request project changes based on anticipated permit conditions.

These are included as project commitments.

If agency response is “Likely to adversely affect” any federally listed species or critical habitat, contact INDOT to begin formal consultation.

Threatened and Endangered Species

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Page 102: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Required for new interchanges, any travel lane addition, and projects with a significant horizontal/vertical grade change.

INDOT reviews all noise analyses for technical adequacy but does not approve LPA barrier decisions. The review is conducted during review/approval of the NEPA document.

Submission Change: The noise study must now be completed and submitted prior to review and approval of the NEPA Document

Noise Analysis

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Page 103: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Red Flag Investigation Should be conducted early in NEPA process. Reviews numerous resources – not only for Hazardous

Materials Phase I – Initial Site Assessment (ISA)

Purpose is to identify presence of contamination sites Field review, interviews with property owners, and review

of IDEM/other files Phase II – Preliminary Site Investigation (PSI)

Purpose is to find the boundary of contamination sites Soil Bores are analyzed for contaminants

INDOT reviews Red Flag Investigation for technical adequacy with the environmental document submittal, but does not approve.

Hazardous Waste and Regulated Substances

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Page 104: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The INDOT process to track project Commitments must be followed by LPAs/Consultant as well.

The required method is submittal of an electronic spreadsheet.

If permitting agencies have not responded to early coordination, a general statement should be used that the sponsor will comply with permit conditions.

Summary of Commitments

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Page 105: Local Public Agency (LPA) Basic Certification Training 11-07-2013

What spurs the need for Public Involvement? > 0.5 acre of permanent R/W acquisition Substantial changes to layout/function of

roads Substantial impacts to the local public or

economy, abutting properties, or environmental resources

If FHWA determines that a hearing is warranted

Public Involvement

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Page 106: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The level of public involvement varies with size/complexity of project.

After INDOT/FHWA have reviewed the document, it will be released for public involvement.

The environmental document will not be approved until completion of any required public involvement activities.

Public Involvement

106

Page 107: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The LPA and their Consultant are responsible for the preparation and submittal of the legal notice to the newspaper. Public should be instructed to submit comments to the LPA or its consultant.

If a hearing will be held, the LPA must coordinate with the Office of Public Involvement.

An INDOT employee must attend the hearing.

A checklist is included to assist the LPA and their Consultant in completing the public hearing requirements.

Public Involvement

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Page 108: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Once public involvement is completed, submit updated environmental document to the district for approval.

Larger projects require additional signatories:CE-1 INDOT DistrictCE-2 INDOT DistrictCE-3 INDOT District and Central OfficeCE-4 INDOT District, Central Office and Federal Highway

Environmental Document Approval

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Page 109: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Common Causes Of DelayProject not in the TIP or STIPUnforeseen adverse effects

Know the impacts to water resources Identify resources of concern on the plans and

reduce impacts/prevent scope-creep near these resources

Environmental document does not match the plans

Additional Information Addendum (AI) may be needed

AI documents can be time consumingFailure to plan for permitting timeframe

Mitigation required prior or with project to obtain permit

Off-site mitigation often requires it’s own CE109

Page 110: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Environmental Consultation Form The Environmental Consultation Form is required to provide quality assurance and demonstrate compliance.

Shows that: Plans match the environmental document Public Involvement has been completed Permits have been obtained

Form is submitted with Stage 3 Plans and Final Tracings.

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Lunch Break

111

Page 112: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility & Railroad Coordination

Chapter 10

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Page 113: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Presentation Overview Utility Coordination

The primary objective is to proactively engage the Utility partners so that improvements to the infrastructure can be accomplished.

Reference Material/Documents A Model of Utility Coordination 105 IAC 13 Utility Relocation Guidance

Railroad Coordination Railroad Coordination activities are handled by INDOT District Railroad Coordinators.

Determine if there is Railroad Involvement1 PE Phase, CN Phase

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Page 114: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility References Utility Coordination on all projects must follow rules:

* 105 Indiana Administrative Code (IAC) 13 Formal procedure for process

* Federal regulations for utilities:http://www.fhwa.dot.gov/programadmin/utility.cfm

* Utility Accommodation Policy as applicable

* INDOT Design and LPA Manuals

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Page 115: Local Public Agency (LPA) Basic Certification Training 11-07-2013

A New Paradigm Survey Bring Utilities To The Table Avoid Utility Impacts Whenever Feasible Establish A Preliminary Plan For Right Of Way

“Everyone knows where everyone goes!” Determine The Team Who Will Acquire Right-Of-Way Establish The Critical Path For The Project Provide Our Geo-tech Reports Build In Contract Whenever Feasible Conduct Constructability Reviews At Project Specific

Intervals!

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Page 116: Local Public Agency (LPA) Basic Certification Training 11-07-2013

A New Paradigm (cont.) Complete Design Through Tracings Before Letting, Thoroughly Review:

Utility Work Plans And Schedules Right Of Way Status Write Accurate Special Provisions

Construct The Project Maintain Utility Coordination Efforts

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Page 117: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Managing Risk: Monitoring Accurate Placement

Constructability reviews point out the “risk points” within Right of Way where we need to monitor placement during construction:

In-House Consultant Contractor

Link to the Constructability Manual:http://www.in.gov/indot/2697.htm

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Page 118: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Managing Risk: Monitoring Accurate Placement (contd)

Factors to consider when deciding how to proceed:

Schedule Project complexity Project type (i.e., urban, rural, design-

build) Number of utility relocations Right of Way Space

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Page 119: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Additional Factors: Relocations included in INDOT contract Legal possession of all Right-of-Way Advance clearing contract Budget Level of oversight required (i.e., Right-of-

Way space, amount of utilities inside of easements)

Managing Risk: Monitoring Accurate Placement (contd)

119

Page 120: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Benefits To This Approach The Utility Needs Are Known Earlier All Right-of-Way Needs Are Understood One Presentation To The Land Owner The LPA Team Controls The Schedule Control costs of Right of Way, Design, and

Construction, and Avoid Delays Contractors-Utilities-and Project Managers

are in full partnership throughout the process

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Page 121: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility Coordination Steps

1. Utility Research (To find names of utilities in area of project)This is done prior to survey!

-Permit Files-Reviewing Past Project Plans-Field Check-Indiana 811-Contacting Local Officials (5 to 10 days)

For each utility, document the contact person, address, and phone number.

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Page 122: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility Coordination Steps2. Initial Notice

Letter is sent to each utility to inform them of project and get type and locations of facilities from them. Prior to survey! (30 days)

3. SurveySurvey is done using information

gathered to make sure all utility facilities are picked up.

Watch out for unknown underground and overhead utilities.

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Page 123: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility Coordination Steps4. Verification

Letter along with plan sheets are sent to each utility so they can verify that their facilities are shown accurately and completely on the plans. (30 days)

5. Preliminary PlansLetter along with plans are sent for utility

review. Gives utilities a chance to point out conflicts and possible solutions to avoidrelocations. (30 days minor/60 days major)

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Page 124: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility Coordination Steps6. Preliminary Final Plans

Letter along with plans are sent to each utility so they can develop work plan/relocation plan (60 days minor/120 days major – 180 max.)

Try to accomplish this step in 60 days max, often there isn’t 180 days to work through this step.

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Page 125: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Utility Coordination Steps7. Reimbursable Agreements

Send agreements to the District for review prior to signing in order to verify what the LPA is offering to reimburse using federal money is eligible.

- Replace in kind- Use agreement provided in Manual- Document the property interest

Ensure federal funds have been approved (FMIS Authorization) through the District before you give utility Notice to Proceed (NTP).

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Page 126: Local Public Agency (LPA) Basic Certification Training 11-07-2013

8. Work Plan Approval /Permit(Send the permit, and have them complete

pre-construction activities)

9. When the required items in the work plan necessary to begin have been accomplished, issue the notice to proceed. (constructability reviews determine the sequence)

Utility Coordination Steps

126

Page 127: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Post Letting Efforts Coordinator stays “on point” Manages schedule Adjust to field conditions Monitor cost overruns Issue acknowledgement of completed

work plan, voucher summary, final bill reminder

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Page 128: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Documentation Requirements Project information must be maintained for

5 years after project close-out and final audit. Remember this includes all utility and railroad documentation.

Remember to follow all steps of IAC and keep the correspondence documented.

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Page 129: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Documentation Requirements Audit for reimbursable work – the invoices

have to match the estimates

Federal funds can only be spent with prior authorization,

If the estimates must include unit costs and quantity

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Railroad Coordination

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Page 131: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Is There Railroad Involvement? Railroad within project limits?

Does project impact any railroad facilities or operations?

If yes, contact District Railroad Coordinator to help determine the extent of railroad coordination needed.

131

Page 132: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Railroad Coordination ActivitiesPreliminary Phase (PE):

INDOT requests LPA letter of understanding

INDOT applies for FMIS for PE funding

After FMIS approved, LPA invoiced by INDOT for PE funding

Once PE funding is in place, INDOT issues a Purchase Order and Notice To Proceed to RR

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Page 133: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Construction Phase:

After INDOT receives Force Account Estimate (FAE) from RR, INDOT forwards to LPA for approval INDOT prepares the Agreement between LPA and

RR INDOT applies for FMIS for RR CN funding After Agreement has been fully executed and

FMIS approved, LPA invoiced by INDOT for CN funding

Once CN funding is in place, INDOT issues a Purchase Order and Construction Authorization to the RR

INDOT performs inspection of the work by the RR

Railroad Coordination Activities

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Page 134: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Requirements Good News – Districts generally handle it

for federally funded projects Bad News – It costs. It takes a long time

and does not start until you have plans You have to pay for railroad engineers and

their workers

Codes: IC 8-23-5-2FHWA 23 CFR 646.214

IC – Indiana CodeCFR - Code of Federal Regulations

134

Page 135: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Resource People – RR and UtilityCentral Office Crawfordsville

Utility/RR Utility and Railroad Kenny Franklin George Moffat (317) 232-5007 (765) 361-5271 [email protected] [email protected]

Utility Fort Wayne Joe Gundersen Utility (317) 234-5199 Chuck Carson [email protected] (260) 399-7329

[email protected] Railroad Tom Rueschhoff Railroad(317) 233-2065 Tom Imbimbo [email protected] (260) 969-8292

[email protected]

135

Page 136: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Resource People - RR & UtilityGreenfield Seymour

Utility UtilityLavon Marshall Matt Harding(317) 467-3475 (812) [email protected] [email protected]

Railroad RailroadMichelle Loveall Tom Dunbar(317) 467-3438 (812) [email protected] [email protected]

LaPorte VincennesUtility and Railroad Utility and RailroadKen MartinShawn Will(219) 325-7441 (812) [email protected] [email protected]

136

Page 137: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LAND ACQUISITIONChapter 11

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Page 138: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Legal ReferencesImportance of Land Acquisition Process

The Fifth Amendment of the U.S. Constitution Just Compensation

49 CFR 24.201(d)Uniform Act

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amended it in 1987

Coordination with NEPA 23 CFR Part 771

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Page 139: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Land Acquisition Process Steps Assurance Letter

49 CFR 24.4Land Acquisition (Right-of-Way) Management

23 CFR Part 710Title Research (Abstracting)

23 CFR 710

Right-of-Way Engineering (Plats and Legal Descriptions)

Indiana IAC Title 865 – INDOT R/W Engineering Manual

Scope of Work and Appraisal Problem Analysis (APA)

Uniform Act Section 301 49 CFR 24.104

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Page 140: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Appraising (Opinion of Just Compensation) ROW Appraisers must be on certified list

Buying /Negotiations & Relocation Agents ROW Buyers & Relocation Agents must be on certified

list

Relocation

Condemnation Every property owner has the right to go through

condemnation

Property Management

Right-of-Way Certification

Land Acquisition Process Steps

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Page 141: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Critical Elements

Assurance Letter 49 CFR 24.4

Public Hearing Certification 23 CFR 710.305 Environmental Approval 23 CFR 771.117

FMIS Authorization Completed Parcel Packet for all parcels Certification Letter signed by an ERC of the LPA and

the consultant if one is involved 23 CFR 635.309

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Page 142: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Fatal Flaws

Assurance Letter not completed Property owners not properly informed of

acquisition procedures Incorrect Right-of-Way Engineering Incorrect Method of establishing just

compensation (Appraising) Conducting appraisals and making offers

before Environmental Document certified

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Page 143: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Fatal Flaws Appraisal before environmental approval Relocation must be approved at Central

Office Relocation Assistance not handled properly Parcel Packets not completed Lack of Certification Letter signed by LPA False Information

143

Page 144: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Activity Completion Time Frame Total duration less than < one year to <

two years from the Preliminary Field Check (< 20 parcels)

Relocation (approximately 180-day duration, concurrent with buying)

Condemnation (approximately six months to one year)

Right-of-Way Certification (approximately 75 days)

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Page 145: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Checklist Review Project Documentation for Certification Parcel Packet Documentation for

Certification (Secured Parcel) Parcel Packet Documentation for

Certification (Donated Parcel) Parcel Packet Documentation for

Certification (Condemned Parcel)

145

Page 146: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Compliance – Documentable Proof

Assurance Letter 49 CFR 24.4 Public Hearing Certification 23 CFR 710.305 Environmental Approval 23 CFR 771.117 FMIS Authorization Project and all Parcel Certification Checklists Completed Parcel Packet for all parcels Certification Letter signed by an ERC of the

LPA and the Consultant, if a consultant is involved

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Page 147: Local Public Agency (LPA) Basic Certification Training 11-07-2013

What does “Right of Way Clear” mean in the Certification letter?

Discussion Questions

147

Page 148: Local Public Agency (LPA) Basic Certification Training 11-07-2013

What is the difference between: 1) Right of Way Engineering2) Right of Way Services

Discussion Questions

148

Page 149: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The LPA and/or their Consultant needs to review their parcel packets prior to submission to the District.

In what order do the parcel packets need to be in at the time of submission?

What needs to be on top?

Quality Control

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Page 150: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Buyer’s ReportsWhat kind of information should be included in the Contact log between the buyer and property owner?

Discussion Questions - Quality

150

Page 151: Local Public Agency (LPA) Basic Certification Training 11-07-2013

In condemnation - what does it mean to have a parcel secured?

What does possession mean?

What does the court need to do before they transfer the property?

Discussion Questions - Condemnation

151

Page 152: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Commitment Data Base –

What information must be communicated to the Designer and the PM?

Discussion Questions

152

Page 153: Local Public Agency (LPA) Basic Certification Training 11-07-2013

PREPARATION FOR LETTING

Chapter 12

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Page 154: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Primary Steps in Preparing For Letting Review of Contract Documents Engineer’s Estimate Determination Plans, Specifications, and Estimate (PS&E)

Approval Equal Employment Opportunity (EEO) Goal

Setting Contract Information Book Preparation (CIB) Construction Inspection / Consultant

Selection

154

Page 155: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Determination of Engineer’s Estimate

Designer submits an Estimate with the Final Tracings Submission

An INDOT Estimator processes the information into “TRNS∙PORT” the INDOT bidding software

INDOT prepares a preliminary detail estimate

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Page 156: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Plans, Specifications and Estimate (PS&E) INDOT prepares the PS&E letter and sends to FHWA

for authorization. The PS&E letter contains:

The PS&E letter is certified by the Contract Administration Division’s Estimating Administrator.

Funding Breakdown Utility Information

Contract Description Permits

Right-of-Way Certification

Materials Approvals

Environmental Information

Other Project Information

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Page 157: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Draft Contract Information Book (CIB)

The Draft CIB is compiled by INDOT. An electronic version of the CIB is sent to

the ERC, the Consultant Contact, and a Backup Contact for certification. These individuals have 2 business days for review and comment / response

If no response, job is removed from letting.INDOT no longer prints the CIB

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Page 158: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Checklist Review Project Documentation for Certification Parcel Packet Documentation for

Certification (Secured Parcel) Parcel Packet Documentation for

Certification (Donated Parcel) Parcel Packet Documentation for

Certification (Condemned Parcel)

158

Page 159: Local Public Agency (LPA) Basic Certification Training 11-07-2013

CONSTRUCTION INSPECTION/CONSTRUCTION ENGINEERING

Chapter 14

159

Page 160: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Construction Inspection/Construction Engineering Construction Inspection is required on ALL Federal aid

projects. The RFP for a consultant for Construction Inspection must be

advertised on INDOT’s website 6 months prior to the Ready for Contracts (RFC) date.

Prior to the RFC date: Letters of Interest must be scored and ranked Consultant selection must be approved by INDOT The draft LPA-Consulting Contract, manhours, fee

justification and Engineer Assignment letter must be submitted to the INDOT District for review.

The Executed LPA-Consulting Contract must be received by the INDOT District. Utilize Boilerplate Consultant Contract located at:

http://www.in.gov/indot/2390.htm

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Page 161: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Construction Inspection/Construction Engineering The LPA must submit a copy of the signed LPA-

Consulting Contract to the District Local Program Director prior to the RFC date.

This is done to avoid any delays or time extensions once the project is awarded to a contractor

CE / Inspection work is billed based on an hourly rate; the contract can be signed based on the project estimate

The federal-aid “not to exceed amount” for Construction Inspection is set by INDOT based on the final construction amount.

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Page 162: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Construction Inspection/Construction Engineering

A FMIS request is done for Construction and Construction Engineering approximately seven (7) weeks prior to letting.

After the INDOT letting has taken place and the apparent low bid is determined, a FMIS request for CE based on the apparent low bid will be prepared. A Purchase Order will be opened for that amount.

 

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Page 163: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Construction Inspection/Construction Engineering When the bid award is deemed official, non-

participating items (if any) are deducted from the contract, and the Local’s match has been calculated, INDOT Finance will adjust the Purchase Order accordingly.

The District Local Program Director will then issue Notice to Proceed (NTP) to the LPA. The LPA can then issue NTP to their consultant for construction inspection.

Any Construction Inspection costs incurred prior to the date of the NTP, are not eligible for federal reimbursement.

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Page 164: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Consultant – Construction Inspection Consultants must be prequalified.

The LPA will submit an Engineer Assignment letter with the draft LPA-Consulting contract. The Engineer will be reviewed and approved by the Construction section at the District. The Construction Inspector acts as the LPA’s representative and administers the project on a day-to-day basis.

The Consultant will also provide an adequate number of qualified Construction Inspectors.

If a consultant is used for Construction Inspection/Engineering the LPA ERC will review, approve and submit all consultant invoices.

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Page 165: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Consultant – Construction Inspection Assigned Consultant employee/s performing as

Project Engineer/Supervisor (PE/S) must meet all INDOT requirements and certifications required for those roles.

The employee/s assigned shall be submitted to the District Construction Director and receive approval before the RFC date.

Any changes to the assignment shall also be submitted and approved before the change or as soon as they are known.

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Page 166: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Project Engineer/Supervisor (PE/S) Each project must be assigned a Project

Engineer/Supervisor (PE/S). The PE/S must be trained and certified through INDOT

Certified Construction Technician Training and the INDOT Quality Assurance Training Programs.

The PE/S should also have demonstrable experience. This means they must be able to use SiteManager effectively.

The PE/S will be approved by the District Construction Area Engineer after the LPA-Consulting Contract for CE is signed and a copy submitted to the District Local Program Director, and before the RFC date.

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Page 167: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Project Engineer/Supervisor (PE/S)The PE/S will oversee and provide:

Inspection Testing (performed by Qualified Technician) Documentation of all construction activities Daily reports Testing reports Progress Estimates Change Orders Ensure the project is constructed in accordance

with the contract documents and INDOT specifications

Final Construction Record (within 45 days of Acceptance) 167

Page 168: Local Public Agency (LPA) Basic Certification Training 11-07-2013

PE/S and Change Orders The PE/S will document all communications that involve change

orders, time extensions, or claims. The PE/S must maintain communication with and obtain

approvals of both the LPA ERC and the INDOT Area Engineer and the relevant MPO if the project is located with a Metropolitan Planning Area (MPA) for all change orders.

The PE/S will be provided the amount of federal funds available for construction from INDOT. The PE/S must use this to maintain a running total of all contract costs showing how much is left of the federal allocation - spreadsheet to track.

Current Change Order policy effective: January 1 2010 http://www.in.gov/dot/div/contracts/conmemo/10-01.pdf Cap on Federal funds available at:

http://www.in.gov/indot/2390.htm

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Page 169: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Approval of Subcontractors All Subcontractors must be

approved by INDOT before performing any work. Complete the Request for Approval of Subcontractors Form (IC-730) for this approval.

Subcontractors should be approved by the RFC date.

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Page 170: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LETTING

Chapter 13

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Page 171: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Ready for Letting Advertisement Contract Questions and Answers Revisions Letting Bid Evaluation and EEO Compliance Award LPA Match Contractor Financial Liability Coordination Notice to Proceed Purchase Order

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Page 172: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Letting Information

http://www.in.gov/dot/div/contracts/letting/index.html

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Advertisement

Once a Contract has been approved in FMIS it is eligible for advertisement.

INDOT does the advertisement and bidding. Bids are only accepted electronically. All Bidders must be pre-qualified. Bids must contain required information. Bids will be publically read.

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Page 174: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Questions and Answers The LPA and/or consultant shall not directly or

indirectly answer pre-letting questions from Contractors

All questions start out going to a website Questions that are contract specific are forwarded

from District Construction to the LPA designer via e-mail

Designer contacts must be kept current Questions need to be answered in a timely manner

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Page 175: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Contract Revisions Contract revisions are sometimes necessary Requests for revisions can come from many sources

LPA Contractor INDOT LPA Designer Material Supplier

The Designer shall keep the ERC in the loop on these revisions

District Construction must endorse/submit the revision

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Page 176: Local Public Agency (LPA) Basic Certification Training 11-07-2013

After the Bids are ReadINDOT will not let the contract if a LPA is more than 60 days past due on paying an INDOT bill

Evaluation of Bids Received and EEO Compliance Post Letting Review of DBE Good Faith Efforts Determine if Contract Awardable

The low bid is less than $1 million, or; There are four or more bidders or; The bids are within 15% of Engineers Estimate Concurrence from District LPA Coordinators,

the Programs Funds Manager and ERC District contacts LPA-ERC to obtain their decision

- approve and award or reject all bids

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Page 177: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Funds for Construction (Match)Credits are allowed for certain LPA projects awarded prior to April 29, 2009Credits: LPA-ERC submits estimated credits at time of RFC

LPA shall submit invoices and proof of payment with a summary sheet listing all eligible design and right-of-way costs. A letter should accompany the invoices and be sent to the District Local Programs Director requesting that those credits be applied as a portion of the LPA match.

INDOT invoices the LPA

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Page 178: Local Public Agency (LPA) Basic Certification Training 11-07-2013

LPA Funds for Construction (Match) Notice to Proceed is issued to the

Contractor by the Contract Administration Division, but will not be issued until INDOT receives match funds.(

If the LPA cannot provide match, the contract is canceled.

Funds need to be submitted in a timely manner.

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Page 179: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Procedures to Reduce Delay of LPA Match LPA design engineer should estimate the

amount of funds required before the RFC date.

The LPA should advertise the amount of funds needed for match prior to letting (based on the LPA’s policies and procedures).

After advertisement, the estimated funds should be approved prior to letting

As soon as the LPA receives the invoice for the match, submit funds for up to the preapproved amount

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Page 180: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Compliance – Documentable Proof Advertisement Issued Revisions Bid Analysis Concurrence of Awards Official Awards Notice to Proceed (NTP) to LPA &

Consultant NTP Letter to Contractor

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Page 181: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Critical Elements - Letting EEO Requirements Advertisement Timely Response to Revisions Bid Opening Bid Evaluation Award Submission of LPA Match LPA Award Concurrence Notice to Proceed

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Page 182: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Potential Fatal Flaws - Letting

Bid not advertised per FHWA guidelines Questions answered outside of process Contractor does not comply with EEO Revisions not issued Bids not awardable No concurrence of award from LPA Match funds from LPA not received by INDOT Notice to Proceed not issued

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Page 183: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Documentation Requirements

PS&E Approval DBE Interest Report CIB Certification Construction Inspection Notice to Proceed

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Page 184: Local Public Agency (LPA) Basic Certification Training 11-07-2013

CONSTRUCTIONChapter 14

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Page 185: Local Public Agency (LPA) Basic Certification Training 11-07-2013

“Notice to Proceed” - Now What?

The Contract Administration Office will send the Notice to Proceed to:

INDOT District Construction LPA Contractor INDOT Project Manager

INDOT is charged with overall responsibility of the construction phase

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Page 186: Local Public Agency (LPA) Basic Certification Training 11-07-2013

The Pre-Construction Conference The LPA ERC will coordinate with the

District Area Engineer to schedule the conference.

District Construction will provide a checklist of items to be covered at the conference.In order to be eligible for reimbursement, the Pre-Construction Conference should not be held until INDOT has issued Notice to Proceed to the LPA for Construction Inspection.

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Page 187: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Shop Drawings & Falsework - Review

Review of all project shop drawings will be the responsibility of the LPA & their Designer

Follow IDM 14-1.02(07)

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Page 188: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Final Construction Record – PE/S Responsibilities Maintain all documentation throughout the life of

the project and 5 years after final audit. Form IC-639 (Report of Final Inspection &

Recommendation for Acceptance) will be sent to the LPA and shall be signed and returned by the LPA within 10 business days to District Construction.

Complete the final construction record within 45 days of acceptance of the project.

Ensure all monies due the contractor are paid with the exception of disputed quantities.

Follow-up all unresolved issues until completed.

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Page 189: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Final Construction Record Failure to complete Final Construction

Record tasks could impact the LPA

All contracts will be audited by the Audit, Agency Results and Revenue Forecasting Division.

Final Audit balances all claims, invoices, billings, etc., between INDOT and the LPA

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Page 190: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Critical Elements - Construction Maintain Documentation Maintain Accurate Records and Promptly Pay

Estimates Hold Pre-construction Conference Provide Construction Inspection Notify District Construction and LPA of Contract

Changes Track Funds and Increases Prepare Change Orders in a Timely Manner Maintain Documentation of Contractor Claims Continuity of PE/S for Record Purposes Schedule Pre-final and Final Inspections Complete Final Construction Record

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Page 191: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Potential Fatal Flaws - Construction Construction Inspection not present when needed

Authorizing material use that does not meet specifications

Authorizing work that does not comply with contract

Failing to maintain Daily Work Reports Failing to process Estimates Failing to complete the contract final record Failing to maintain a project file Not having funds available for added work Allowing work before the Notice to Proceed is

issued Allowing subcontractors to work before

approved IC-730191

Page 192: Local Public Agency (LPA) Basic Certification Training 11-07-2013

Questions?EvaluationsThank you

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