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LPA

To assist Local Public Agencies (LPAs) with executing eligible transportation projects in accordance with federal transportation laws and regulations, the Kentucky Transportation Cabinet (KYTC) and the Kentucky Division of the Federal Highway Administration (FHWA) have jointly developed the attached Interim Federal-Aid Transportation Project Development Guide for Local Public Agencies (LPA Guide). This document summarizes requirements to assist LPA personnel in administering and implementing federal-aid transportation projects. It provides basic information and a number of links to specific federal and state guidance and regulations.

 

The American Recovery and Reinvestment Act (Recovery Act) was enacted on February17,2009, providing significant funding to Kentucky for transportation infrastructure. Please be advised that the LPA Guide applies to all projects that receive federal transportation funding and not just projects funded through the Recovery Acts. While there are new requirements that will apply only to Recovery Act projects, the LPA Guide summarizes existing requirements that both KYTC and LPA’s should already be following.

 

 

LPAs must not proceed with any work activity until Project Programming, FHWA Authorization, and the Project Agreement are completed. Any activity undertaken prior to completion of Project Programming, FHWA Authorization, and the Project Agreement will not be eligible for Federal funding.

Foreword

The FHWA, the KYTC, and Local Public Agencies (LPAs) share unique goals and responsibilities to develop and maintain safe and efficient transportation systems using combinations of federal, state, and local funds. Each type of highway funds has unique funding requirements that have been imposed by federal, state, and local legislation and regulations.


In 2006, the FHWA completed a national review on the oversight of Federal-aid projects administered by LPAs. The findings suggested that the current administration, stewardship, and oversight of these projects lacked a comprehensive approach in some states. This included shortcomings in eligibility determinations and in compliance with established Federal laws and regulations. FHWA Division Offices were directed to review state processes and procedures for LPA-administered projects. In Kentucky, review efforts began in 2006 and have continued in different program areas to date.


This Interim Federal-Aid Transportation Project Development Guide for Local Public Agencies has been prepared jointly by the Kentucky Transportation Cabinet (KYTC) and the Kentucky Division of the Federal Highway Administration (FHWA).  For ease of presentation, it is usually referred to as the “Interim LPA Guide” throughout the remainder of the document.


A more detailed LPA guidance manual is currently under development which will provide more complete guidance on these requirements. The LPA manual is currently scheduled for completion in early 2010.  In addition, the KYTC will soon begin to develop a training and certification program for LPA staff responsible for the administration of Federal-aid projects.


In addition to this Interim LPA Guide and the forthcoming LPA Manual, KYTC has recently made significant improvements in LPA processes for Federal-aid projects administered by the Office of Local Programs.  This includes:



  • Improved KYTC (recipient) /LPA (sub-recipient) project and contract agreements
  • Point of contact for LPA grant administration
  • Mandatory training for LPAs (grant sub-recipients)
  • Improved billing procedures

The purpose of the Interim LPA Guide is to provide a brief overview of the basic federal requirements for developing projects as part of the Federal-aid Highway Program, as codified in Title 23 Code of Federal Regulations and Title 49 Code of Federal Regulations. It also includes State requirements. This Interim LPA Guide has been developed to meet an urgent need for stopgap guidance on Federal-aid projects. This urgency is largely due to the recent passage of the American Recovery and Reinvestment Act of 2009 (Recovery Act), as well as several recent events related to LPA project procurement, right-of-way acquisition, billing eligibility, and basic project oversight.

Thus, the Interim LPA Guide serves as a primer for LPAs that are undertaking Federal-aid transportation projects. It provides basic information and contains web link references to information on specific guidance and regulations. The LPA staff should explore these links to become familiar with the project requirements for contract development and administration of these projects.

(Sections: Foreword, 1.1 – 1.2.1) Purpose and Format - John Carr

Federal-Aid Basics: Critical First Steps & Key Understandings - Ron Rigney

Recovery Act Requirements Environmental Requirements and Regulatory Permits - David Waldner

(Section 6.2.1) Procurement of Consultant Services - Michael Hill

(Section10.0) Construction Oversight - Steven Criswell

(Section 11.0) Audits and Accountability - Alice S. Wilson

U.S. Department of Transportation Office of the Inspector General Investigations - Michelle McVicker


Click here to download the LPA FAQ document.

  • February 17, 2009 – ARRA enacted.

  • March 3, 2009 – 120 days for 50% obligation requirements begin.

  • June 30, 2009 – Before this date 50% of the apportioned funds must be obligated

    ($148 million). Any portion that is not, will be redistributed to other states. Cut-off
    date is June 29, 2009 at 11:59 PM.

  • March 2, 2010 - One year after apportionment, by March 1, 2010 at 11:59 PM, all
    Recovery Act funding must be obligated.

  • September 30, 2010 – Recovery Act funding released from one project can be
    obligated on other projects.

  • September 30, 2015 – Obligated balances are available for reimbursement of project
    expenditures. Any remaining Recovery Act funding balances will be withdrawn and
    will not be available for reimbursements.

  • Date PR-1 is signed – Reporting requirements begin and continue until project is
    closed in FMIS.

  • By 7th day of each month – LPA to submit FHWA 1589 and FHWA 1585 forms to
    KYTC.

LPA Guide - History of Revisions


12/09
  • Throughout the Guide:
    Local Public Agency Project Development Checklist is now referred to as LPA-PDC
  • Section 1.2.2:
    Clarification of Recovery Act Timeline/Deadlines
  • Section 3.1:
    Added new Section 3.1 to address “Project Monitoring and Oversight” which led to new section numbers for the sections that were moved.
  • Section 3.2:
    Minor edits to wording (this was formerly Section 3.1). Section title changed from “In-Kind Contributions” to “Local Match/In-Kind Contributions”
  • Section 3.4:
    Added discussion to (1) encourage the use of DBEs, (2) discuss adherence to locally established DBE goals, and (3) inform LPAs that they should discuss DBE goals with the KYTC Office of Civil Rights
  • Section 3.5:
    Edited third paragraph to indicate that (1) the LPA must complete the LPA-PDC, (2) it must be signed by an authorized LPA official, and (3) it must be approved by both the KYTC and FHWA.
  • Section 6.2:
    Minor edits to first paragraph, last sentence for clarification.
  • Section 6.2.1:
    Minor edits to wording in second, third, and fifth paragraphs for clarification. Also, removed consultant procurement checklist. A new checklist has been included in Appendix H. Contract Administration Core Curriculum Manual link correction:
  • http://www.fhwa.dot.gov/programadmin/contracts/coretoc.cfm
  • Section 6.3:
    Revised discussion of DBEs (see Section 3.4 above).
  • Section 6.6.3:
    Added section on Maintenance of Traffic which led to new subsection numbers for the previous items included in this section.
  • Added resource link: http://www.workzonesafety.org/
  • Section 6.4:
    MUTCD source corrected (FHWA not ITE)
  • Section 8.0:
    Revised section on Right-of-Way to correct errors and reflect updates regarding KYTC policies.
  • Section 9.2:
    Added third paragraph in introduction to provide information on Additive Alternative Bidding, which can be used if an LPA is concerned that the bids may exceed the available funding for the project.
  • Section 9.2.2:
    Modified to explain that (1) the LPA must complete the LPA-PDC, (2) it must be signed by an authorized LPA official, (3) a project file should be maintained by the LPA, which should include the LPA-PDC submittal and approvals, and (4) the FHWA may elect to review and approve contracts between the LPA and contractor at its discretion.
  • Section 9.4:
    Revised discussion of DBEs (see Section 3.4 above).
  • Section 10.1:
    Edited to try to clarify expectations with regard to requirements for a PE and on-site inspection, including development of an Alternative Construction Inspection Plan. Revised third paragraph to indicate that (1) the LPA may hire a consultant through the QBS process for contract administration and construction inspection and (2) this would be in addition to and separate from the construction procurement process. Added sentence to fourth paragraph to inform LPA that the KYTC and/or FHWA may elect to review and approve the Scope of Work for construction engineering and inspection prior to advertising for or contracting with the consultant engineering firm for CEI services.
  • Section 10.2:
    Minor edits to second paragraph for clarification.
  • Section 12.0:
    Added paragraph to clarify that the LPA would be responsible for the costs of future maintenance of the project.
  • LPA-PDC:
    The Local Public Agency Project Development Checklist (LPA-PDC) has been revised. It is located in Appendix G and also included in the Master Project Agreement in Appendix E.
  • Appendix H:
    The consultant procurement checklist was revised and is now housed in Appendix H.
  • Appendix I:
    The requirement of a State Right of Way Certification form was added (Section 8.1). The form is now housed in Appendix I.
  • Appendix J:
    Due to the insertion of two new appendices (Appendix H and Appendix I), FHWA Form 1273 is now Appendix J.


6/15/09
  • Section 6.2.1:
    Under “Federal Requirements,” corrected information on Davis-Bacon Act. Under “State Requirements,” corrected reference to Kentucky Heritage Council/State Historic Preservation Office, and changed position of checklist to make it fit on one page.
  • Section 10.2:
    Revised discussion to include a specific reference and link for the KYTC Supplemental Specifications, List of Approved Materials, Concrete Manual, Materials Manual, Field Sampling Manual, and Methods Test Procedures. Removed reference to KYTC Aggregate Source Book.
  • Appendix E:
    Inserted latest update of the KYTC Project Agreement Template.


5/11/09
  • Primary changes in Section 3.2, Section 6.2, Section 6.3
  • Revised blank Sample Invoice in Appendix E
  • inclusion of a completed Example Invoice in Appendix E


Coming soon
LPA Manual
Contract Template examples
KYTC LPA Work Flow Chart
Contract Process