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March 2012 - Nebraska Department of Roads

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Local Ledger<br />

Page 3<br />

Locally Funded Procurement Procedure<br />

To initiate the locally funded procurement process,<br />

the LPA should indicate their intention to use<br />

local funds on the DR-530 (if known at that time).<br />

In addition, the RC must submit written notification<br />

to the NDOR LPD Project Coordinator (PC)<br />

stating the intent to use local funds and in which<br />

specific phase <strong>of</strong> the project.<br />

The PC will issue a Notice-to-Proceed for every<br />

locally funded project phase. The LPA must select<br />

a firm that has been approved by NDOR to perform<br />

the scope <strong>of</strong> services required. The selection<br />

must be qualifications based.<br />

After the procurement process is completed, the<br />

LPA will submit the following documentation to<br />

the PC for review:<br />

1. Public Notice and solicitation<br />

documentation<br />

2. Selection memo, justifying the ranking <strong>of</strong><br />

firms based on qualifications (If fewer than<br />

three (3) firms responded, forward documentation<br />

efforts made and steps taken to<br />

seek additional firms)<br />

3. Justification memo for any instances when<br />

negotiations were terminated<br />

4. Agreement, including scope <strong>of</strong> services<br />

and final consultant fee proposal<br />

5. LPA Certification statement that all local<br />

laws and ordinances were followed<br />

6. Conflict <strong>of</strong> Interest Forms from both the<br />

LPA and Consultant.<br />

The LPA is required to use NDOR’s template for<br />

LPA/Consultant Locally Funded Pr<strong>of</strong>essional Services<br />

Agreement. The PC will forward the template<br />

to the LPA following a review <strong>of</strong> the solicitation<br />

documentation.<br />

For more information about the locally funded<br />

process contact your PC or refer to Chapter 4 <strong>of</strong><br />

the LPA Guidelines Manual.<br />

Status <strong>of</strong> MUTCD Compliance<br />

On August 31, 2011, FHWA published a<br />

Notice <strong>of</strong> Proposed Amendment that proposed<br />

to eliminate, revise, or extend existing<br />

compliance dates for traffic control<br />

devices in the Manual on Uniform Traffic<br />

Control Devices (MUTCD). FHWA is<br />

currently analyzing the comments and expects<br />

to publish the final rule in the Summer<br />

<strong>of</strong> <strong>2012</strong>.<br />

Until then, State and local agencies are<br />

advised to focus efforts on long-range<br />

planning for the maintenance and upgrade<br />

<strong>of</strong> existing traffic control devices. Agencies<br />

should not focus on compliance dates<br />

that may be extended or eliminated.<br />

Threatened & Endangered Species Project Reviews<br />

The Threatened & Endangered (T&E) Matrix Programmatic<br />

Agreement between NDOR/FHWA/<br />

USFWS/NGPC has been finalized.<br />

As a result, NDOR will not be required to forward<br />

all T&E project reviews to the Federal Highway<br />

Administration (FHWA). If the project review<br />

is not forwarded to FHWA, the Overview <strong>of</strong><br />

Effects sheets will not be signed by a representative<br />

from their <strong>of</strong>fice.<br />

The new agreement will shorten the review and<br />

approval process during the environmental phase<br />

<strong>of</strong> project development.

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