If an LPA desires to administer a project, the LPA must make a written request to the LPAA to manage an identified project or phases of a project. An LPA's approval to manage federal or state funded projects will be effective for three years. During this period, an LPA is responsible for providing any changes to processes that were used to qualify them initially as an LPA. Furthermore, the LPA will be required to provide the LPA's financial audits on an annual basis in accordance with the Single Audit Act (OMB Circular A-133: Audits of States, Local Government, and Non-Profit Organizations) The LPA will not be required to reapply for management of subsequent projects of similar or lesser scope within the three year certification period.
The LPA must complete the following form when requesting to manage a state or federally funded project.
LPA Qualifications Evaluation Form
LPA Procedures - Section A.1
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SCDOT's LPA office will evaluate the LPA Qualifications Evaluation Form submitted by the LPA to determine if the applicant is qualified and adequately staffed to manage the specific project or phase of a project. The LPAA will serve as the primary point of contact for the project. The LPAA unit will coordinate all project reviews, requests, and other submittals from the local government with the appropriate SCDOT staff. A PPM, RCE, and RME will be assigned to assist with the development of the project. Other SCDOT staff may be assigned to the project to assist with various phases of the project as appropriate to ensure successful completion of the project.
The LPA must complete the following form when requesting to administer a state or federally funded project.
LPA Procedures - Section A.2
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Sources of funding that are proposed to finance and fully support an LPA project through the completion of construction are identified in the initial request by an LPA. If a portion of the project's funding sources is being provided by other federal agencies, the requesting of FHWA to serve as the basic agency and the transfer of funds to FHWA should be completed at this time. The LPAA, in consultation with the PPM, is responsible for coordinating the review of the proposed funding and proposed project estimates submitted by the LPA to determine if sufficient funds are available to proceed to the development of a Participation Agreement (PA).
The LPA must complete the following form when requesting to administer a state or federally funded project.
LPA Procedures - Section A.3
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The Local Public Agency must conduct an onsite project field review and complete the Local Public Agency Project Planning Report (PPR) to include the project(s) description, location, length, purpose, need or goal of project. , the LPA shall include, at a minimum, the LPAA, PPM, RCE and RME assigned to the project. The LPA shall distribute copies of the PPR among the participants during the scoping meeting and submit a completed copy to the LPAA incorporating all information and comments resulting from the scoping meeting. The PPR will be used to conduct and document the LPA project field review and is intended to also be used as a preliminary determination in establishing roles and responsibilities in developing the PA. The completed PPR must be submitted to the LPAA prior to the development of the PA.
The Project Planning Report can be accessed by selecting the link below:
LPA Procedures - Section A.4
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Subsequent to the receipt of the Project Planning Report, the Local Public Agency Administration Office will submit a request to the SCDOT Professional Services Contracting Officer for a draft Participation Agreement. This request may also be made by the Preconstruction Project Manager for large transportation infrastructure projects whereas the Participation Agreement serves as an amendment to an existing Intergovernmental Agreement or Participation Agreement.
LPA Procedures - Section A.5
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The PPM is responsible for programming the project (following established procedures for programming SCDOT projects), to establish the Project Identification Number (Project ID) for SCDOT tracking and monitoring. The PPM must indicate that the project will be managed by an LPA by selecting the appropriate option when entering the project identifiers in the P2S system. Based on the proposed obligation date, notification is made to the Obligations Management Office to request authorization of the project funds through the FMIS system.
Any work accomplished prior to FHWA authorization of that particular phase of work is not eligible for federal-aid reimbursement.
LPA Procedures - Section A.6
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The Participation Agreement is sent to the LPA by the LPAA for review and concurrence. After it is signed and returned, the agreement will be recommended by the LPAA, reviewed and upon his/her concurrence, executed by the SCDOT Deputy Secretary for Engineering. The executed agreement will serve as the approving document for the LPA.
SCDOT'S LPAA office will provide copies of the participation agreement to all anticipated stakeholders. The LPA will be given a Notice to Proceed (for each project phase) from SCDOT upon successful completion of the previous project phase and the LPAA's receipt of notification from the Obligations Management Office that the work has been authorized.
The LPA shall not proceed with any given phase of work prior to receiving notification by SCDOT.
LPA Procedures - Section A.6
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All requests for reimbursement for locally administered projects must be submitted to SCDOT's LPAA office. The request for reimbursement must include documentation to support compliance with federal and state requirements and must be done in a manner that supports a determination that contract requirements were met and the work was completed in reasonable conformance with the contract documents.
Request for Reimbursement Form (Exhibit in Participation Agreement)
LPA Procedures - Section A.8
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The Local Public Agency will be responsible for preparing all necessary plan drawings, special provisions, utility coordination or documents needed to execute and deliver the project as outlined in the Participation Agreement. The Local Public Agency may utilize the services of a project consultant to perform any of the necessary services as previously stated.
Failure to receive this written concurrence will be sufficient cause to terminate the Participation Agreement.
Plans developed under LPA agreements shall be submitted to the LPAA at a frequency commensurate with the complexity of the project or at a stage or frequency indicated in the PA.
Failure to submit plans or address comments resulting from review prior to proceeding with the next phase of design will be sufficient cause to terminate the Participation Agreement.
The LPA must receive approval from SCDOT for any design exceptions on state owned facilities prior to incorporating into the project. Requests for design exceptions must be submitted to the LPAA for review coordination and approval.
The LPA may request consultant selection concurrence by submitting the LPA Consultant Concurrence Request Form found at link below along with the supporting documentation.
LPA Consultant Concurrence Request Form
LPA Procedures - Section B.1
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All Federal-aid projects must comply with and adhere to the National Environmental Policy Act (NEPA). The LPA is responsible for conducting any public involvement activities. The LPA is also responsible for the preparation of all required documents, reports and other necessary supporting material to satisfy the NEPA process. Once prepared, this information shall be submitted to the LPAA. The LPAA will forward the submitted documentation to the Environmental Office for a NEPA decision. The LPAA will assemble comments or provide the NEPA determination to the LPA.
LPA Procedures - Section B.2
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The LPA shall submit a written determination of the need for any rights of way to the LPAA following the plan development and environmental review phase. The LPAA will forward the submitted documentation to the Director of Rights of Way to ensure that the SCDOT Rights of Way Office will conduct appropriate coordination with the LPA. The Director of Rights of Way will assign appropriate rights of way personnel to an identified project to coordinate needed rights of way activities with the LPA.
LPA Procedures - Section B.3
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Final Plan Reviews - The LPA shall submit final plans to the LPAA for review prior to submittal of the PS&E package. The LPAA unit will coordinate the final review with the PPM, RCE, RME, and other appropriate SCDOT staff assigned to the project. The RME shall complete the review of the plans in advance of the final encroachment permit submittal. (See Section B.5 of the LPA Procedures). The LPAA will assemble comments or provide final plan approval to the LPA.
Written approval of the plans must be received from SCDOT by the LPA prior to submittal of the Plans, Specification, & Estimates Package.
PS&E Package Approval - Upon approval of the project plans, the LPA may submit the PS&E package for approval. The LPA must submit the PS&E Package to the LPAA for review and approval prior to construction advertisement as outlined in the PA. The LPAA unit will coordinate the PS&E review with the PPM, RCE, RME, and the Office of Business Development and Special Programs (OBD). The package shall include a completed "Calculations of DBE/OJT Goals for LPA Projects" Worksheet. SCDOT will review the worksheet for concurrence with the recommended goal to assure that LPA project goals are appropriate in meeting SCDOT's overall program goal.
The LPAA will assemble comments or recommend approval of the submitted package. Upon approval of the PS&E Package, a request for authorization of project funds is sent to FHWA. Once authorization is received, the LPAA will notify the LPA of the approval of the PS&E package and approval to advertise the project.
The LPA must receive written approval of the PS&E package from the LPAA. Failure to receive this written approval will be sufficient cause to terminate the participation agreement.
LPA Procedures - Section B.4
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For any project managed by an LPA that may involve work or activities on rights of way of SCDOT, an Encroachment Permit must be submitted by the LPA through the Encroachment Permit Processing System (EPPS) and approved by SCDOT. The Encroachment Permit application must be submitted to the appropriate RME for review and approval and include a cover letter indicating that the project is an LPA project. The LPA shall coordinate with the RME to identify items that will be maintained by the LPA and include these items in the application. After approval, the LPA will provide a copy of the Encroachment Permit to the LPAA Office prior to advertising the project for construction.
If any changes to the project occur during further project development/construction that alters the maintenance items listed in the Encroachment Permit, the LPA, at the completion of the project shall request a revision to the permit reflecting these changes.
LPA Procedures - Section B.5
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Upon approval of the PS&E package, and approval of the encroachment permit, SCDOT will submit a request to FHWA for obligation of funds and approval of construction authorization. Upon receipt of FHWA approval, the LPAA shall notify the LPA that they may proceed with the advertisement of the construction contract.
The advertisement and bid evaluation must be conducted according to the procurement procedures submitted in the LPA Qualifications Evaluation Form as approved by the LPAA. The LPAA will copy the DEA and the PPM with this notification.
The LPA shall review the bid proposals for responsiveness to the proposal requirements, competitiveness, and for reasonable comparison to the engineering estimate. The LPA is to document this review taking into consideration the evaluation factors outlined in FHWA's Bid Evaluation Guidelines.
If the LPA's bid review determines that all bids should be rejected, the LPA is to submit a request to SCDOT for concurrence in the rejection of all bids. SCDOT shall review and approve any revisions, if necessary, to the PS&E prior to authorizing re-advertisement.
When the LPA's bid review identifies a reasonable and responsive bidder (or bidders), the LPA shall submit to the LPAA a request to concur in the award of the project to the lowest responsive bidder according to the LPA Concurrence Request Form. Upon review and written concurrence from LPAA, the LPA shall provide a formal Award Letter (sample).
Failure to receive this written concurrence prior to award will be sufficient cause to terminate the participation agreement.
LPA Procedures - Section B.6
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The LPA is responsible for ensuring all project construction is in accordance with the PA and contract documents. The DEA or designee (RCE) should understand the contents of the participation agreement, the Contract, Plans, and the Project Specifications. A Preconstruction Conference will be held prior to starting each LPA construction project. The LPA shall contact the RCE assigned to the project and establish a mutually agreeable date for a Preconstruction Conference. It is mandatory that the RCE attend the Preconstruction Conference. The RCE shall fully explain the role of SCDOT on the project to all parties involved in the project.
LPA Procedures - Section C.1
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The LPA is responsible for ensuring all project materials meet or exceed federal, state, and industry standards and material certifications must be obtained prior to incorporation into the project. The LPA (with assistance from the RCE) should prepare a Minimum Sampling Requirements Checklist in accordance with SCDOT Office of Materials and Research and SCDOT's Construction Manual.
The LPA may utilize the services of a project consultant to perform inspection and or construction oversight services. The consultant must be procured according to the procurement procedures submitted in the LPA Qualifications Evaluation Form as approved by SCDOT. Prior to the award of a consultant contract, the LPA must submit an LPA Consultant Concurrence Request Form to the LPAA for review and concurrence of consultant selection.
LPA Procedures - Section C.2
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Upon completion of the project and prior to final payment, the LPA shall coordinate a final inspection according to the PA with the RCE. SCDOT will review the project to ensure the project has been completed in conformity with the PA, approved plans, permits, and construction contract documents in addition to meeting the scope and intent of the project.
Final Inspection Letter - This item must be provided by the LPA
LPA Procedures - Section C.3
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The LPA is responsible for providing the RCE with certification that all materials sampling and testing was performed in accordance with SCDOT specifications and contract documents.
Final Material Certification Letter Example - This item must be provided by the LPA
LPA Procedures - Section C.4
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Upon receipt of the Final Inspection Summary Report, the LPA response, and an acceptable material certification, Final Acceptance according to 2007 STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION - Section 105.15.2 is issued by the DEA or designee to the LPA. The DEA shall provide a copy of the Final Acceptance Report to the LPAA.
LPA Project Completion and Acceptance Form
LPA Procedures - Section C.6
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An LPA Project Evaluation form is completed by the appropriate PPM and DEA or designee and submitted to the LPAA office documenting the LPA's project management and delivery performance for each phase of the project.
LPA Procedures - Section D.1
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Upon successful completion of the LPA managed project, the LPAA monitors the SCDOT Closure Process to ensure the project is closed and all project documentation is accounted for and included in the project file within the LPAA office.
Final AS-Built Plans - This item is provided by the LPA
LPA DBE Closeout Summary Request
LPA Procedures - Section D.2
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