Section-Chapter

Summary of LAG Updates

November 2021

All Sections

A, B,

C, D

• Made miscellaneous corrections and clarifying edits or updates to punctuation, formatting, spelling, references, email addresses and hyperlinks.
• Made updates to formatting to improve accessibility.
• Key revisions are in bold font below. Please take care to review those updates.
• A note regarding CUG review comments: CPO appreciates the thoughtful feedback provided by CUG members; and CPO was able to incorporate many CUG member comments and recommendations in the 2021 update. Some proposed changes to Section B, Section C (Chapters 2, 6, and 16), and Section D would involve substantial review and discussion with ODOT subject matter resources and CUG members, and were therefore beyond the scope and timeline of this revision. CPO has noted these comments for consideration during future updates.

Section A: Overview of Federal-Aid Project Delivery Options for LPAs, Including Certification

A

• Revised overview to reflect changes to Sections B and C.
• Shortened the descriptions of foundational documents in Section A and referred users to Section B for details.

Section B: Local Public Agency Certification, Compliance and Oversight

B

• Revised language to accommodate certification of MPOs.
• Revised references to foundational documents to reflect construction contracting template and consultant contracting template (instead of General Conditions and bidding document templates).
• Revised language to clarify Title VI Plan and ADA Title II Transition Plan requirements.
• Subsection D. Consultant Selection, revised to incorporate non-A&E planning services (primarily for use by certified MPOs).
• Subsection I. Maintaining Certification (Compliance and Oversight) revised to reflect updated compliance review process and schedule (previously communicated in CPO Bulletin 101-52).

Section C: Delivering Federal-Aid Projects as a Certified Local Public Agency

1

Introduction:

• Updated to reflect ODOT organizational changes.

2

Planning & Program Development

• Updated to reflect ODOT organizational changes.

3

Project Technical Scope Sheet:

• Deleted tables and other information needed to complete the Local Agency Technical Scope Sheet form (734-5151). The updated form includes new instructions that incorporate the information removed from Chapter 3. (Note, the updated form should be posted to forms library by December 2021. For more immediate needs, contact ODOTcertification@odot.state.or.us.)

4

Agreements:

• Made minor revisions for clarity and readability.

5

Progress Billing (Reimbursement Costs):

• Added a note and tip regarding maintenance of project files in case of audit (per FHWA request).
• Updated all references to 2 CFR 200.
• Corrected references in subsections D and E regarding reimbursement for utility and railroad work.

6

NEPA and Environmental Processes:

• Edited for clarity and accessibility.
• Removed references to Project Prospectus Parts 1 and 2 (now referred to as the Environmental Prospectus).
• Provided additional references to the ODOT NEPA Manual where appropriate.
• Revised subsection Q. Public Outreach & Engagement to reflect current information.
• Added subsection R. Other Federal Agency Approvals.

7

Right of Way:

• Reorganized content to improve flow.
• Removed detailed information in favor of referring users to the ODOT Right of Way Manual.
• Added subsection O: ADA Ramps.

8

Civil Rights:

• Revised for clarity; reorganized some sections to better align with project flow.
• Removed references to obsolete OCR forms and reports.
• Updated email addresses to reflect change to ODOT domain (In a rolling process beginning November 5, 2021, email addresses end with @odot.oregon.gov.)

9

General Design Requirements:

• Made minor edits for clarity and additional resource links.
• Revised subsection B. Value Engineering to reflect updated information (previously communicated in CPO Bulletin 101-44).
• Revised subsection F.5. Traffic Control to reflect updated information.

10

Design Approval:

• Made minor edits for clarity and readability.

11

Plans, Specifications and Estimate (PS&E):

• Clarified language regarding prevailing wage requirements.
• Updated language to reflect revisions to PS&E Cost Estimate form 734-5096.
• Added information about Railroad Assurance Form.
• Revised language regarding LPIFs to remove patented or proprietary materials.

12

Consultant Selection and Contract Administration:

• Removed references to Direct Appoint procurement (now referred to exclusively as “Small Purchase”).
• Added information about consultant selection for non-A&E planning services contracts (previously communicated in CPO Bulletin 101-46).

13

Utility and Railroad Programs:

• Reorganized information to reflect ODOT organizational changes.
• Added resource references to subsection B.3. regarding utility relocation, including a Checklist for Certified LPA Utility Agreements.
• Added clarifying guidance regarding coordination with railroads.
• Added the requirement to submit the Railroad Assurance form (previously communicated in Bulletin 101-48).

14

Bridge Selection, Scoping and Design:

• Added references and links to additional resources.
• Made minor edits for clarity.

15

Advertising, Bid and Award Procedures:

• Made minor edits for clarity.

16

Construction Contract Administration:

• Made minor edits for clarity.
• Added language regarding ‘major changes’ and early coordination with ODOT on anticipated contract change orders.

17

Project Closeout:

• Made minor edits for clarity.
• Added detail regarding required submittals for projects with work on or along the state highway system.

Section D: Resources Directory

D

• Made miscellaneous updates to fix broken links.
• Revised fuel and steel escalation worksheet references to refer to:
  • Fuel, Steel, Class of Work and Scheduling Templates Guide
  • Fuel Index and Scheduling Program (fuel and steel escalation worksheets)
• Added the following resources:
  • Non-A&E PSK LPA Requirements Guide and related RFP templates
  • Sample Railroad PE Agreement

Forms

Approval Authority Matrix

• Added several definitions to shorten the guidance and citation references.
• Made other clarifying and formatting revisions.
• IV.2., revised approval action and guidance/citation descriptions to clarify what hiring a consultant to serve in a management support role means.
• V.3., revised approval action description to delete federal public interest findings and add state exemption order requirements on the use of proprietary, brand name or mark products when “no approved equal” will be allowed.
• VI.4., replaced footnote 9 references to say “(If on the NHS)”.
• VIII.2.a., revised to clarify the approval action and guidance/citation descriptions; and changed the approval authority on the state highway system from ODOT to CLPA to approve “Changes to contract plans and specifications commonly made within the scope and intent for the original plans and specifications” (no ODOT concurrence required).
• VIII.2.b., revised to clarify the approval action and guidance/citation descriptions; changed the approval authority on the state highway system from ODOT to CLPA to approve “Changes to contract plans and specifications other than those commonly made within the scope and intent for the original plans and specifications”; and noted ODOT concurrence required only for work on or along the state highway system.

PS&E Checklist

• Clarified Right of Way Certification must be signed by ODOT Region Right of Way Manager in 1.h.
• Added “Yes” and “N/A” checkboxes to the Required Submittals “if Applicable to the Project” section.
• 2.e., added the following statement to this item: “Railroad has granted permission for project work within railroad property (right of entry and flagger approval) (if applicable).”
• Added language in 6.a. about identifying the PM if not known prior to the execution of the contract (for example, CA/CEI).

Ad, Bid & Award Checklist

• Moved list of acronym definitions to the beginning of the checklist.
• Made minor clarifying and formatting revisions.
• A.14, clarified addenda requests must be submitted to LAL for ODOT and FHWA approval.
• B.2, clarified language that no negotiations are permitted with contractors during the period following the opening of bids and before the award of the contract.
• C.10., added clarifying reference to Certified LPA Cost Estimate form.

Constr. & Contract Admin Checklist

• Per FHWA request, added the following note at the beginning of the checklist:

Note on maintaining project files: It is important for Certified LPAs to maintain clear, consistent financial and supporting documents on the project file throughout the life of the project, as project files may be subject to review or audit by state or federal authorities at any time.