236.1 General Information - Revision history

Smithk: Inclusive language

2021-06-03T13:50:52Z

Inclusive language

← Older revision		Revision as of 08:50, 3 June 2021
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	===236.1.1.10 Schedule of Work===		===236.1.1.10 Schedule of Work===

	~~The~~ District Right of Way ~~Manager~~, under the supervision of ~~the~~ District ~~Engineer~~, schedules work in ~~his~~ district to clear right of way projects so that construction contracts can be awarded on schedule. If letting schedules are not realistic, the District Right of Way Manager must inform the District Engineer. Projects involved should be rescheduled to provide the time necessary for acquiring right of way in a manner compatible with requirements outlined in [[:Category:236 Right of Way\|EPG 236 Right of Way]].		District Right of Way Managers, under the supervision of District Engineers, schedules work in their district to clear right of way projects so that construction contracts can be awarded on schedule. If letting schedules are not realistic, the District Right of Way Manager must inform the District Engineer. Projects involved should be rescheduled to provide the time necessary for acquiring right of way in a manner compatible with requirements outlined in [[:Category:236 Right of Way\|EPG 236 Right of Way]].

	===236.1.1.11 Public Relations===		===236.1.1.11 Public Relations===
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	'''(2) Nondiscrimination'''		'''(2) Nondiscrimination'''

	The contractor, with regard to the work performed by ~~him~~ after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, religion, creed, national origin, sex, age, ancestry or physical ability of any individual in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices as set forth in Appendix C(a)(2).		The contractor, with regard to the work performed by the contractor after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, religion, creed, national origin, sex, age, ancestry or physical ability of any individual in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices as set forth in Appendix C(a)(2).

	'''(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment'''		'''(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment'''

Smithk: updated link

2021-03-02T18:05:53Z

updated link

← Older revision		Revision as of 13:05, 2 March 2021
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	'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.		'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.

	'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/~~ViewChapter~~.aspx?~~chapter~~=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections [https://www.law.cornell.edu/uscode/text/42/2000d 2000d] and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42/12101 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].		'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/OneSection.aspx?section=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections [https://www.law.cornell.edu/uscode/text/42/2000d 2000d] and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42/12101 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].

	(Use this paragraph with '''Lessee'''.)		(Use this paragraph with '''Lessee'''.)

Smithk: /* 236.1.3.5 Property Management */ added link

2020-11-17T13:44:20Z

236.1.3.5 Property Management: added link

← Older revision		Revision as of 08:44, 17 November 2020
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	'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.		'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.

	'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/ViewChapter.aspx?chapter=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42/12101 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].		'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/ViewChapter.aspx?chapter=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections [https://www.law.cornell.edu/uscode/text/42/2000d 2000d] and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42/12101 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].

	(Use this paragraph with '''Lessee'''.)		(Use this paragraph with '''Lessee'''.)

Smithk: /* 236.1.3.5 Property Management */

2020-11-17T13:41:31Z

236.1.3.5 Property Management

← Older revision		Revision as of 08:41, 17 November 2020
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	'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.		'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.

	'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/ViewChapter.aspx?chapter=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].		'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/ViewChapter.aspx?chapter=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42/12101 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].

	(Use this paragraph with '''Lessee'''.)		(Use this paragraph with '''Lessee'''.)

Smithk: /* 236.1.3.5 Property Management */ Per RW, updated links

2020-11-17T13:39:22Z

236.1.3.5 Property Management: Per RW, updated links

← Older revision		Revision as of 08:39, 17 November 2020
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	'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.		'''NO DISCRIMINATION IN FURNISHING OF SERVICES''': No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvement on, over or under such land and the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status.

	'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [~~http~~://~~www.moga~~.mo.gov/~~mostatutes~~/~~chapters/chapText213~~.~~html~~ Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([~~http~~://~~ecfr~~.~~gpoaccess~~.~~gov~~/~~cgi/t~~/text/~~text-idx?sid=99f14ba848d177196155c1c9b360e4ce&c=ecfr&tpl=/ecfrbrowse/Title42/42tab_02.tpl~~ 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].		'''NONDISCRIMINATION CLAUSE''': The Lessee shall comply with all state and federal statutes applicable to the Lessee relating to nondiscrimination, including but not limited to [https://revisor.mo.gov/main/ViewChapter.aspx?chapter=213 Chapter 213, RSMo]; Title VI and Title VII of the Civil Rights Act of 1964 as amended ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" ([https://www.law.cornell.edu/uscode/text/42 42 U.S.C]. Section 12101 et seq.) which applies to the Lessee. The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr21_main_02.tpl Title 49, Code of Federal Regulations, Part 21].

	(Use this paragraph with '''Lessee'''.)		(Use this paragraph with '''Lessee'''.)

Smithk: /* 236.1.1.14 Personal Conduct */ updated link

2019-05-29T15:49:12Z

236.1.1.14 Personal Conduct: updated link

← Older revision		Revision as of 10:49, 29 May 2019
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	A person's conduct should at all times be such as to bring credit to that person and to the department. At no time should the employee's behavior be such as to invoke undue criticism.		A person's conduct should at all times be such as to bring credit to that person and to the department. At no time should the employee's behavior be such as to invoke undue criticism.

	The employee must understand, therefore, that there are certain habits and actions that will not be tolerated as set out in the Missouri Highway and Transportation Commission [http://hr.~~modot~~.~~mo.gov/index.php/Policy_2500~~ Personnel Management Manual].		The employee must understand, therefore, that there are certain habits and actions that will not be tolerated as set out in the Missouri Highway and Transportation Commission [http://sp/sites/hr/_layouts/15/WopiFrame.aspx?sourcedoc={F158C822-FE5D-4530-BB73-9FF942B2842E}&file=2500%20Standard%20Rules%20of%20Conduct%20(6-1-16).doc&action=default&DefaultItemOpen=1 Personnel Management Manual].

	===236.1.1.15 Conflict of Interest===		===236.1.1.15 Conflict of Interest===

Smithk: /* 236.1.1.13 Political Activities */ updated link

2019-05-29T15:48:18Z

236.1.1.13 Political Activities: updated link

← Older revision		Revision as of 10:48, 29 May 2019
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	===236.1.1.13 Political Activities===		===236.1.1.13 Political Activities===

	The Missouri Highway and Transportation Commission [http://hr.~~modot~~.~~mo.gov/index.php/Policy_2514~~ Personnel Management Manual] provides guidelines concerning political activities authorized, and prohibited, by department employees.		The Missouri Highway and Transportation Commission [http://sp/sites/hr/Administration/_layouts/15/WopiFrame.aspx?sourcedoc={90BB22D0-74B9-494F-AB16-9DA4000AA887}&file=2514%20%20Conflict%20of%20Interest%20(2-1-17).docx&action=default&DefaultItemOpen=1 Personnel Management Manual] provides guidelines concerning political activities authorized, and prohibited, by department employees.

	===236.1.1.14 Personal Conduct===		===236.1.1.14 Personal Conduct===

Smithk: Updated references to archaic districts

2018-08-13T15:02:08Z

Updated references to archaic districts

← Older revision		Revision as of 10:02, 13 August 2018
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	<blockquote>"The Missouri Department of Transportation in accordance with Title VI or the Civil Rights Act of 1964, as amended, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this solicitation, Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, national origin, sex, age, ancestry or physical ability in consideration for an award." Qualified Disadvantaged Business Enterprises otherwise qualified to provide goods or services used in the right of way program must be given an opportunity to bid for the right to provide such goods or services normally obtained through the bidding process. Lists of known qualified Disadvantaged Business Enterprises must be maintained in district offices and those listed must be mailed copies of bid proposals for goods or services that they are qualified to provide. District files must be documented to show that such action was taken (''copies of transmittal letters which accompany bid proposals sent to Disadvantaged Business Enterprises on file in the district office are considered adequate documentation'')."</blockquote>		<blockquote>"The Missouri Department of Transportation in accordance with Title VI or the Civil Rights Act of 1964, as amended, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this solicitation, Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, national origin, sex, age, ancestry or physical ability in consideration for an award." Qualified Disadvantaged Business Enterprises otherwise qualified to provide goods or services used in the right of way program must be given an opportunity to bid for the right to provide such goods or services normally obtained through the bidding process. Lists of known qualified Disadvantaged Business Enterprises must be maintained in district offices and those listed must be mailed copies of bid proposals for goods or services that they are qualified to provide. District files must be documented to show that such action was taken (''copies of transmittal letters which accompany bid proposals sent to Disadvantaged Business Enterprises on file in the district office are considered adequate documentation'')."</blockquote>

	Also, when bids for goods or services are solicited through routine newspaper advertising in ~~Districts 4~~ and 6, the following notice must be published in a minority newspaper in the area (document the file to show that such action was taken).		Also, when bids for goods or services are solicited through routine newspaper advertising in SL District and KC District, the following notice must be published in a minority newspaper in the area (document the file to show that such action was taken).

	<blockquote>"The Missouri Department of Transportation is now taking bids for <u>(general description of goods or service)</u> in relation to Route _______, Highway Job No. _______________. Parties interested in submitting bids should contact the Missouri Department of Transportation’s district office at <u>(district's address)</u> prior to <u>(date)</U> ."</blockquote>		<blockquote>"The Missouri Department of Transportation is now taking bids for <u>(general description of goods or service)</u> in relation to Route _______, Highway Job No. _______________. Parties interested in submitting bids should contact the Missouri Department of Transportation’s district office at <u>(district's address)</u> prior to <u>(date)</U> ."</blockquote>
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	'''District Offices'''		'''District Offices'''

	Each district office must maintain specific file jackets for each of the six (6) record categories listed below (seven categories in ~~Districts 4~~ and 6) as a minimum district discriminatory practices file. The file jackets, properly identified, will be maintained in each district even though some may be empty due to a justifiable lack of information listings and/or activity relating to any one of the specific record categories. It is highly recommended that each district assign one member of its right of way staff the specific duty of maintaining its discriminatory practices file and establish a procedure to assure that the proper records are made available.		Each district office must maintain specific file jackets for each of the six (6) record categories listed below (seven categories in SL District and KC District) as a minimum district discriminatory practices file. The file jackets, properly identified, will be maintained in each district even though some may be empty due to a justifiable lack of information listings and/or activity relating to any one of the specific record categories. It is highly recommended that each district assign one member of its right of way staff the specific duty of maintaining its discriminatory practices file and establish a procedure to assure that the proper records are made available.

	(1) A file jacket containing separate files for each discriminatory practice case reported to or discovered by the district. Each case file should include:		(1) A file jacket containing separate files for each discriminatory practice case reported to or discovered by the district. Each case file should include:

Smithk: Per RW, updated RW links

2018-08-02T18:17:08Z

Per RW, updated RW links

← Older revision		Revision as of 13:17, 2 August 2018
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	===236.1.1.2 Scope===		===236.1.1.2 Scope===

	[[:Category:236 Right of Way\|EPG 236 Right of Way]] contains the regulations, requirements and procedural directives governing the operations of the [~~http~~://~~wwwi~~/~~intranet~~/rw/ Right of Way Section] and will be updated and amended as needed.		[[:Category:236 Right of Way\|EPG 236 Right of Way]] contains the regulations, requirements and procedural directives governing the operations of the [https://spexternal.modot.mo.gov/sites/de/SitePages/CO%20RW%20Staff.aspx Right of Way Section] and will be updated and amended as needed.

	===236.1.1.3 Purpose===		===236.1.1.3 Purpose===

EPGsysop: /* 236.1.3.3 Contract Procedures */ Per RW, removed unecessary subtitle

2017-11-08T18:59:23Z

236.1.3.3 Contract Procedures: Per RW, removed unecessary subtitle

← Older revision		Revision as of 13:59, 8 November 2017
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	<blockquote>"The Missouri Department of Transportation is now taking bids for <u>(general description of goods or service)</u> in relation to Route _______, Highway Job No. _______________. Parties interested in submitting bids should contact the Missouri Department of Transportation’s district office at <u>(district's address)</u> prior to <u>(date)</U> ."</blockquote>		<blockquote>"The Missouri Department of Transportation is now taking bids for <u>(general description of goods or service)</u> in relation to Route _______, Highway Job No. _______________. Parties interested in submitting bids should contact the Missouri Department of Transportation’s district office at <u>(district's address)</u> prior to <u>(date)</U> ."</blockquote>

	~~'''District Engineer'''~~

	Qualified fee appraisers shall not be discriminated against in regard to race, color, religion, creed, national origin, sex, age, ancestry or physical ability (if Disadvantaged Business Enterprise appraisers are offered appraisal assignments and refuse to accept them, so document the file and, if known, explain why such assignments were not accepted).		Qualified fee appraisers shall not be discriminated against in regard to race, color, religion, creed, national origin, sex, age, ancestry or physical ability (if Disadvantaged Business Enterprise appraisers are offered appraisal assignments and refuse to accept them, so document the file and, if known, explain why such assignments were not accepted).