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LPA GUIDELINES MANUAL FOR FEDERAL-AID PROJECTS (Version 1.00) A Summary of State and Federal Requirements DAVE HEINEMAN, GOVERNOR RANDALL D. PETERS, DIRECTOR This online publication is always the most current available version of the LPA Manual. STATE OF NEBRASKA Dave Heineman DEPARTMENT OF ROADS Governor Monty W. Fredrickson, P.E. Director - State Engineer 1500 Highway 2 PO Box 94759 Lincoln NE 68509-4759 Phone (402) 471-4567 FAX (402) 479-4325 www.transportation.nebraska.gov Comment Form Nebraska Department of Roads Local Public Agencies (LPA) Guidelines Manual for Federal Aid Projects Your input is welcome. Please submit your written comments and suggestions by mailing, faxing, or emailing to the address below: Jim Wilkinson, P.E. Local Projects Division Engineer 1400 Highway 2 P.O. Box 94759 Lincoln, NE 68509-4759 [email protected] FAX: (402) 479-3636 Name: ____________________________________________________________________ Local Agency, or Company: ___________________________________________________ Mailing Address: ____________________________________________________________ City: _____________________ State: _______________ Zip: ___________________ Phone: ( ) ________________________ Fax: ( ) ______________________________ Email Address: _____________________________________________________________ Comments: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ An Equal Opportunity/Affirmative Action Employer STATE OF NEBRASKA DEPARTMENT OF ROADS LPA Guidelines Manual for Federal-Aid Projects “A Summary of State and Federal Requirements” TABLE OF CONTENTS Chapter 1 Introduction 1.1 Background 1.2 Purpose 1.3 Legal & Regulative Authority 1.4 NDOR Local Projects Division 1.5 Roles & Responsibilities 1.6 Manual Maintenance and Updates 1.7 NDOR District Map 1.8 Terms & Definitions 1.9 Commonly Used Acronyms Chapter 2 Programming the Project 2.1 Introduction 2.2 Annual Federal Apportionment 2.3 Planning 2.4 Finding the Appropriate Funds 2.5 State Transportation Improvement Program 2.6 NDOR Internal Programming Procedures 2.7 Obligation, Authorization, and Notice-to-Proceed 2.8 Project Program Agreement 2.9 Supplemental Program Agreements 2.10 Synopsis of Each Funding Program Chapter 3 Managing the Project 3.1 Introduction 3.2 Who is Responsible? 3.3 How Long Does it Take? 3.4 Project Development Checklist 3.5 Project File Organization Chapter 4 Consultant Selection 4.1 Introduction 4.2 Conflict of Interest Policy for Engineering Services 4.3 Use of Consultants 4.4 Federal Obligation & Authorization for Engineering Services 4.5 Notice-to-Proceed 4.6 General Consultant Selection Procedures 4.7 Methods of Payment – Contract Types 4.8 Cost Data 4.9 Engineering Agreements 4.10 Consultant Contract Administration Chapter 5 Environmental 5.1 Introduction 5.2 National Environmental Policies Act (NEPA) 5.3 Defining the Purpose & Need 5.4 Project Classification 5.5 Range of Alternatives or Alternative Analysis 5.6 NEPA Determination 5.7 Categorical Exclusion (CE) 5.8 Environmental Assessment (EA) 5.9 Environmental Impact Statement (EIS) 5.10 Administrative Record 5.11 Re-Evaluations 5.12 Public Involvement for the NEPA Process 5.13 Environmental Studies 5.14 Permits & Concurrences 5.15 Environmental Commitments 5.16 Environmental Assurance 5.17 Chapter Summary 5.18 Federal Laws, Regulations & Guidance Materials Chapter 6 Design 6.1 Introduction 6.2 Types of Project Improvements 6.3 Design Criteria 6.4 Preliminary Design 6.5 Design Relaxation 6.6 Final Design 6.7 Value Engineering Chapter 7 Right-of-Way 7.1 Introduction 7.2 General 7.3 Title Research 7.4 ROW Plans 7.5 Preliminary Determination of Property Donations 7.6 ROW Cost Estimates 7.7 ROW Obligation and Authorization 7.8 Acquisition of Donated Property 7.9 Just Compensation 7.10 Appraisal Requirement 7.11 Review Appraisal Requirement 7.12 Determination of Just Compensation 7.13 Negotiation Process 7.14 ROW Certificate 7.15 Conditional ROW Certificate 7.16 Property Acquisition Alternatives 7.17 Occupying State Owned Land 7.18 Occupying Federally Owned Land Chapter 8 Utilities 8.1 Introduction 8.2 Responsibilities 8.3 General Policy 8.4 Identifying & Planning Utility Conflicts 8.5 Coordinating With the Utility Schedule 8.6 Utility Agreements 8.7 Utility Relocation Plans & Estimates 8.8 Authorization to Proceed 8.9 Construction 8.10 Federal Reimbursement of Utility Costs Chapter 9 Railroad Coordination 9.1 Introduction 9.2 Rail/Highway Safety Projects 9.3 Railroad Involvement in Projects 9.4 Grade Separations 9.5 Shared Use Path Projects 9.6 Railroad Agreements 9.7 Funding Projects 9.8 Insurance Protection Chapter 10 Civil Rights 10.1 Introduction 10.2 Nondiscrimination: Title VI of the Civil Rights Act of 1964 10.3 Equal Employment Opportunity (EEO) 10.4 Labor Compliance 10.5 Americans with Disabilities Act (ADA) 10.6 Disadvantaged Business Enterprises (DBE) Chapter 11 PS&E and Bid Letting 11.1 Introduction 11.2 PS&E Review and Letting Schedule 11.3 Development of the PS&E Package 11.4 Required Federal Contract Provisions 11.5 Federal Authorization for the Construction Work Phase 11.6 Sole Source Procurement 11.7 Pre-Bid Letting 11.8 Competitive Bidding 11.9 Innovative Contracting Techniques 11.10 Alternate Bids 11.11 Bidding Procedures for Locally Let Projects 11.12 Bidding Procedures for State Let Projects Chapter 12 Construction 12.1 Introduction 12.2 Notice-to-Proceed with Construction 12.3 Pre-Construction Conference 12.4 Construction Administration 12.5 Construction Engineering Agreement 12.6 Construction Schedule 12.7 Construction Field Reports and Project File 12.8 Preservation/Architectural Standards 12.9 Change Orders 12.10 Construction Quality Control/Quality Assurance 12.11 Project Documentation for the Construction Work Phase 12.12 Claims 12.13 Termination of the Contract 12.14 Liquidated Damages Chapter 13 Reimbursements 13.1 Introduction 13.2 Number and Timing of Submittals 13.3 Billing Procedures 13.4 Identification of Eligible Work Phase Expenses 13.5 Unallowable Project Costs 13.6 Direct & Indirect Costs 13.7 Project Retention 13.8 Final Reimbursement 13.9 Documentation Chapter 14 Project Closeout 14.1 Introduction 14.2 Final Walk-Through & Inspection 14.3 Final Contractor Payment 14.4 Notification of Project Completion 14.5 As-Built Plans 14.6 Project Audit 14.7 Final Cost Settlement with the LPA 14.8 Records and File Retention 14.9 Project Maintenance Chapter 15 Quality Management 15.1 Introduction 15.2 Quality Management Approach 15.3 Qualifications 15.4 Program Oversight 15.5 Project Oversight 15.6 Deficiencies 15.7 Sanctions Chapter 16 NDOR Acting as Responsible Charge 16.1 Introduction 16.2 Financial Responsibility 16.3 Programming the Project 16.4 Consultant Selection 16.5 Plan Development and Environmental Work 16.6 Right of Way 16.7 Utility 16.8 Railroad Coordination 16.9 PS & E and Bid Letting 16.10 Construction 16.11 Final Audit and Final Cost Settlement Introduction - Chapter 1 January, 2013 Chapter 1 Introduction Page 1.1 Background ............................................................................................................................................... 1-2 1.2 Purpose ....................................................................................................................................................... 1-2 1.3 Legal & Regulatory Authority .......................................................................................................... 1-2 1.4 NDOR Local Projects Division ....................................................................................................... 1-3 1.5 Roles & Responsibilities .................................................................................................................... 1-6 1.6 Manual Maintenance and Updates .............................................................................................. 1-6 1.7 NDOR District Map ............................................................................................................................... 1-7 1.8 Terms & Definitions .............................................................................................................................. 1-8 1.9 Commonly Used Acronyms ............................................................................................................. 1-21 1-1 Introduction - Chapter 1 January, 2013 1.1 Background The Nebraska Department of Roads (NDOR) is the grantee (recipient) of Federal transportation funds for the State and, therefore, responsible for ensuring that funds are expended in accordance with applicable laws and regulations. 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