LPA:136.9 Plans, Specs and Estimates (PSE) - Revision history

Hoskir: /* 136.9.4.1.1.5 Suspension and Debarment Certification (23 CFR 635.112) */ updated link to SAM.gov

2024-09-03T14:47:39Z

136.9.4.1.1.5 Suspension and Debarment Certification (23 CFR 635.112): updated link to SAM.gov

← Older revision		Revision as of 09:47, 3 September 2024
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	On all federal-aid construction contracts and all related subcontracts, the contractor and lower tier participants must certify they are in compliance with this provision. This includes subcontractors, material suppliers and vendors.		On all federal-aid construction contracts and all related subcontracts, the contractor and lower tier participants must certify they are in compliance with this provision. This includes subcontractors, material suppliers and vendors.

	Each participant in the contract must certify “that it is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency and they have not been convicted or had civil judgment rendered within the past 3 years for certain types of offenses”. It is the LPA’s responsibility to assure that the contractor is not suspended or debarred from federal contracts. The [https://~~www.~~sam.gov/~~portal/SAM~~/#1 System for Award Management] website is helpful.		Each participant in the contract must certify “that it is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency and they have not been convicted or had civil judgment rendered within the past 3 years for certain types of offenses”. It is the LPA’s responsibility to assure that the contractor is not suspended or debarred from federal contracts. The [https://sam.gov/content/home System for Award Management] website is helpful.

	The LPA shall include the lobbying certification requirement 49 CFR Part 29 regarding suspension and debarment certification in the bidding documents. The Federal Project Bid Proposal Boilerplate, covers this requirement in Section (6) <u>CERTIFICATIONS FOR FEDERAL JOBS</u>. If the bid proposal boilerplate is modified, [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 102.18.1] cannot be waived.		The LPA shall include the lobbying certification requirement 49 CFR Part 29 regarding suspension and debarment certification in the bidding documents. The Federal Project Bid Proposal Boilerplate, covers this requirement in Section (6) <u>CERTIFICATIONS FOR FEDERAL JOBS</u>. If the bid proposal boilerplate is modified, [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 102.18.1] cannot be waived.

Hoskir: updated links to ADA checklist

2024-07-11T14:23:39Z

updated links to ADA checklist

← Older revision		Revision as of 09:23, 11 July 2024
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	* [[media:136.9.2.doc\|Fig. 136.9.2, Subcontractor Certification Regarding Affirmative Action]]		* [[media:136.9.2.doc\|Fig. 136.9.2, Subcontractor Certification Regarding Affirmative Action]]
	* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Federal_Project_Bid_Proposal_Boilerplate.docx Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]		* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Federal_Project_Bid_Proposal_Boilerplate.docx Fig. 136.9.3, Federal Project Bid Proposal Boilerplate]
	* [https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF~~) (Rev. June 15, 2022~~)]		* [https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF)]
	* [https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word~~) (Rev. June 15, 2022~~)]		* [https://epg.modot.org/forms/CM/ADA_Checklist.docx ADA Checklist (MS Word)]
	* [[media:136.9.5 2020.docx\|Fig. 136.9.5, LPA Certification of PS&E]]		* [[media:136.9.5 2020.docx\|Fig. 136.9.5, LPA Certification of PS&E]]
	* [[media:136.9.6.docx\|Fig. 136.9.6, Utility Status Letter]]		* [[media:136.9.6.docx\|Fig. 136.9.6, Utility Status Letter]]
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	==136.9.2.10 ADA Checklist==		==136.9.2.10 ADA Checklist==

	The [https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF version of Fig. 136.9.4~~) (Rev. June 15, 2022~~)] (or the [https://epg.modot.org/forms/CM/ADA_Checklist.docx MS Word version of the ADA Checklist, Fig. 136.9.4 ~~(Rev. June 15, 2022)~~]), must also be submitted as supporting documentation to the PS&E.		The [https://epg.modot.org/forms/CM/ADA_Checklist.pdf ADA Checklist (PDF version of Fig. 136.9.4)] (or the [https://epg.modot.org/forms/CM/ADA_Checklist.docx MS Word version of the ADA Checklist, Fig. 136.9.4]), must also be submitted as supporting documentation to the PS&E.

	==136.9.2.11 PS&E Certification==		==136.9.2.11 PS&E Certification==

Hoskir: updated links per RR3816 for Federal Project Bid Proposal Boilerplate

2023-12-14T14:53:18Z

updated links per RR3816 for Federal Project Bid Proposal Boilerplate

Show changes

Hoskir: updated per RR3816 updated links to Final PS&E checklist

2023-12-14T13:51:06Z

updated per RR3816 updated links to Final PS&E checklist

← Older revision		Revision as of 08:51, 14 December 2023
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	=136.9.1 Introduction=		=136.9.1 Introduction=

	The preparation of the PS&E for local federally funded projects is the responsibility of the local public agency (LPA). The LPA can either prepare the PS&E, or if they are not adequately staffed to do so, they can hire a consultant to prepare the PS&E. In either case, if using federal funds, the LPA must ensure that Preliminary Engineering (PE) funds are obligated prior to beginning any work. The LPA shall ensure that the PS&E complies with all applicable Federal and State Laws and they must certify that that each project complies by signing and submitting the LPA Certification of PS&E ([[media:136.9.5 2020.docx\|Fig. 136.9.5]]). The PS&E Submittal Checklist ([~~[media~~:~~Fig_136_9_1_Jan_23~~.xlsx\|Fig. 136.9.1]]) references the Federal and State Laws that pertain to the PS&E submittal package. Most Federal Laws pertaining to the PS&E submittal package can be found in, but not limited to, [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title23/23cfr635_main_02.tpl 23 CFR 635] (Code of Federal Regulations).		The preparation of the PS&E for local federally funded projects is the responsibility of the local public agency (LPA). The LPA can either prepare the PS&E, or if they are not adequately staffed to do so, they can hire a consultant to prepare the PS&E. In either case, if using federal funds, the LPA must ensure that Preliminary Engineering (PE) funds are obligated prior to beginning any work. The LPA shall ensure that the PS&E complies with all applicable Federal and State Laws and they must certify that that each project complies by signing and submitting the LPA Certification of PS&E ([[media:136.9.5 2020.docx\|Fig. 136.9.5]]). The PS&E Submittal Checklist ([https://epg.modot.org/forms/general_files/DE/RW-LPA/LPA_Final_PS&E_Submittal_Checklist.xlsx Fig. 136.9.1]) references the Federal and State Laws that pertain to the PS&E submittal package. Most Federal Laws pertaining to the PS&E submittal package can be found in, but not limited to, [http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title23/23cfr635_main_02.tpl 23 CFR 635] (Code of Federal Regulations).

	The PS&E package must be submitted to MoDOT for review and approval. Any changes that need to be made to the PS&E package will be made by the LPA. After all changes are incorporated, MoDOT will request construction funding obligation from the Federal Highway Administration (FHWA). After FHWA approves the obligation of federal funds for construction, MoDOT will notify the LPA of the authority to advertise for bids. This notification by MoDOT is officially the construction authorization. No project shall be advertised for bids until construction authorization has been issued (23 CFR 635.112).		The PS&E package must be submitted to MoDOT for review and approval. Any changes that need to be made to the PS&E package will be made by the LPA. After all changes are incorporated, MoDOT will request construction funding obligation from the Federal Highway Administration (FHWA). After FHWA approves the obligation of federal funds for construction, MoDOT will notify the LPA of the authority to advertise for bids. This notification by MoDOT is officially the construction authorization. No project shall be advertised for bids until construction authorization has been issued (23 CFR 635.112).
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	=136.9.2 Required Submittals =		=136.9.2 Required Submittals =

	In order for the LPA to get Construction Authorization which allows advertisement for bids, the PS&E documents must be approved by MoDOT. There are multiple items that should be considered and documented during the preparation of the PS&E. Some of these items are applicable to all projects, while others may or may not be pertinent to a project depending upon the project characteristics. The LPA must fill out the PS&E Submittal Checklist ([~~[media~~:~~Fig_136_9_1_Jan_23~~.xlsx\|Fig. 136.9.1]]) by initialing each item in the checklist and identifying a location of each document the submittal.		In order for the LPA to get Construction Authorization which allows advertisement for bids, the PS&E documents must be approved by MoDOT. There are multiple items that should be considered and documented during the preparation of the PS&E. Some of these items are applicable to all projects, while others may or may not be pertinent to a project depending upon the project characteristics. The LPA must fill out the PS&E Submittal Checklist ([https://epg.modot.org/forms/general_files/DE/RW-LPA/LPA_Final_PS&E_Submittal_Checklist.xlsx Fig. 136.9.1]) by initialing each item in the checklist and identifying a location of each document the submittal.

	==136.9.2.1 Environmental, Historical and Cultural Requirements==		==136.9.2.1 Environmental, Historical and Cultural Requirements==
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	The LPA is required to submit various deliverables on federally funded projects which include structures as defined in [[136.7 Design#136.7.2.2.2 General Types of Structures\|EPG 136.7.2.2.2 General Types of Structures]]. The requirement for PS&E submittal deliverables is mandatory for structures that meet the definition for highway bridges and culverts as found in [[136.7 Design#136.7.2.2.1 Funding/Programs\|EPG 136.7.2.2.1 Highway Bridges and Culverts]]. For structures that fit the definitions given in [[136.7 Design#136.7.2.2.2.2 Non-NBI Length Bridges and Culverts\|EPG 136.7.2.2.2.2 Non-NBI Length Bridges and Culverts]], [[136.7 Design#136.7.2.2.2.3 Pedestrian Structures\|EPG 136.7.2.2.2.3 Pedestrian Structures]], [[136.7 Design#137.7.2.2.2.4 Retaining Walls\|EPG 136.7.2.2.2.4 Retaining Walls]] and [[136.7 Design#136.7.2.2.2.5 Structures on MoDOT Right of Way\|EPG 136.7.2.2.2.5 Structures on MoDOT Right of Way]], the engineer of record shall review these sections to determine the appropriate PS&E deliverables that are required and to determine the required input from MoDOT Bridge Division.		The LPA is required to submit various deliverables on federally funded projects which include structures as defined in [[136.7 Design#136.7.2.2.2 General Types of Structures\|EPG 136.7.2.2.2 General Types of Structures]]. The requirement for PS&E submittal deliverables is mandatory for structures that meet the definition for highway bridges and culverts as found in [[136.7 Design#136.7.2.2.1 Funding/Programs\|EPG 136.7.2.2.1 Highway Bridges and Culverts]]. For structures that fit the definitions given in [[136.7 Design#136.7.2.2.2.2 Non-NBI Length Bridges and Culverts\|EPG 136.7.2.2.2.2 Non-NBI Length Bridges and Culverts]], [[136.7 Design#136.7.2.2.2.3 Pedestrian Structures\|EPG 136.7.2.2.2.3 Pedestrian Structures]], [[136.7 Design#137.7.2.2.2.4 Retaining Walls\|EPG 136.7.2.2.2.4 Retaining Walls]] and [[136.7 Design#136.7.2.2.2.5 Structures on MoDOT Right of Way\|EPG 136.7.2.2.2.5 Structures on MoDOT Right of Way]], the engineer of record shall review these sections to determine the appropriate PS&E deliverables that are required and to determine the required input from MoDOT Bridge Division.

	To aid in the determination of the various deliverables and the responsibilities for these deliverables, the tables in [[136.7 Design#136.7.2.2.7 Structure Submittal Requirements\|EPG 136.7.2.2.7 Structure Submittal]] shall be reviewed by the engineer of record. For structures that will be NBI length, [~~[media~~:~~Fig_136_9_1_Jan_23~~.xlsx\|Fig. 136.9.1]] may also be used for guidance on the deliverables required.		To aid in the determination of the various deliverables and the responsibilities for these deliverables, the tables in [[136.7 Design#136.7.2.2.7 Structure Submittal Requirements\|EPG 136.7.2.2.7 Structure Submittal]] shall be reviewed by the engineer of record. For structures that will be NBI length, [https://epg.modot.org/forms/general_files/DE/RW-LPA/LPA_Final_PS&E_Submittal_Checklist.xlsx Fig. 136.9.1] may also be used for guidance on the deliverables required.

	Renovation or demolition of structures requires hazardous waste reports (lead paint and asbestos inspection reports) and must be in the bid proposal. Additionally, a notification of demolition 10 days prior to the start of structure work is required per [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Sec 202.40.1.1]. For more guidance, refer to [[136.6 Environmental and Cultural Requirements#136.6.4.10.1 Renovation and Demolition of Structures\|EPG 136.6.4.10.1 Renovation and Demolition of Structures]].		Renovation or demolition of structures requires hazardous waste reports (lead paint and asbestos inspection reports) and must be in the bid proposal. Additionally, a notification of demolition 10 days prior to the start of structure work is required per [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Sec 202.40.1.1]. For more guidance, refer to [[136.6 Environmental and Cultural Requirements#136.6.4.10.1 Renovation and Demolition of Structures\|EPG 136.6.4.10.1 Renovation and Demolition of Structures]].

Hoskir: /* 136.9.4.1 Bid Proposal */ updated ps&e checklist

2023-12-14T13:41:45Z

136.9.4.1 Bid Proposal: updated ps&e checklist

← Older revision		Revision as of 08:41, 14 December 2023
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	The bid proposal must also contain a List of items required in order for the bids to be considered responsive: Federal regulations state that any requirements the bidder must comply with to be considered responsive should be clearly identified in the bidding documents. (Refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ad83a0198b1b37c4c10512d1b769e803&rgn=div8&view=text&node=23:1.0.1.7.23.1.1.12&idno=23 Title 23 CFR, Sections 635.112]).		The bid proposal must also contain a List of items required in order for the bids to be considered responsive: Federal regulations state that any requirements the bidder must comply with to be considered responsive should be clearly identified in the bidding documents. (Refer to [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ad83a0198b1b37c4c10512d1b769e803&rgn=div8&view=text&node=23:1.0.1.7.23.1.1.12&idno=23 Title 23 CFR, Sections 635.112]).

	The [~~[media~~:~~Fig_136_9_1_Jan_23~~.xlsx\|Final PS&E Submittal Checklist Fig. 136.9.1]] includes a list of required federal provisions.		The [https://epg.modot.org/forms/general_files/DE/RW-LPA/LPA_Final_PS&E_Submittal_Checklist.xlsx Final PS&E Submittal Checklist Fig.136.9.1] includes a list of required federal provisions.

	===136.9.4.1.1 Bid Proposal – Required Provisions===		===136.9.4.1.1 Bid Proposal – Required Provisions===

Hoskir: updated link to fig 136.9.1 per RR3816

2023-12-13T22:18:38Z

updated link to fig 136.9.1 per RR3816

← Older revision		Revision as of 17:18, 13 December 2023
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	\|<center>'''Figures'''</center>		\|<center>'''Figures'''</center>
	\|-		\|-
	\|[~~[media~~:~~Fig_136_9_1_Jan_23~~.xlsx\|Fig. 136.9.1, Final PS&E Submittal Checklist]]		\|[https://epg.modot.org/forms/general_files/DE/RW-LPA/LPA_Final_PS&E_Submittal_Checklist.xlsx Fig. 136.9.1, Final PS&E Submittal Checklist]
	\|-		\|-
	\|[[media:136.9.2.doc\|Fig. 136.9.2, Subcontractor Certification Regarding Affirmative Action]]		\|[[media:136.9.2.doc\|Fig. 136.9.2, Subcontractor Certification Regarding Affirmative Action]]

Hoskir: /* 136.9.4.1.1.14.1 Work completed by the Prime Contractor (23 CFR 635.116) */ updated per RR3816

2023-12-13T19:11:00Z

136.9.4.1.1.14.1 Work completed by the Prime Contractor (23 CFR 635.116): updated per RR3816

← Older revision		Revision as of 14:11, 13 December 2023
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	=====136.9.4.1.1.14.1 Work completed by the Prime Contractor ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1116&rgn=div8 23 CFR 635.116])=====		=====136.9.4.1.1.14.1 Work completed by the Prime Contractor ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1116&rgn=div8 23 CFR 635.116])=====
	The bid proposal shall stipulate that the prime contractor on a project must perform, with its own staff, contract work amounting to not less than 30% of the total original contract price.		The bid proposal shall stipulate that the prime contractor on a project must perform, with its own staff, contract work amounting to not less than 30% of the total original contract price.

	The bid proposal shall also stipulate that second-tier subcontracting will not be permitted on the project. The bid proposal must state that it will be the responsibility of the contractor to ensure that subcontractors do not subcontract any portion of the work.

	=====136.9.4.1.1.14.2 Pre-qualification of Prime Contractors=====		=====136.9.4.1.1.14.2 Pre-qualification of Prime Contractors=====

Hoskir: /* 136.9.4.1.1.10.1 Federal Wage Rates (23 USC 113 and 29 CFR 5) */ updated per email

2023-12-06T16:42:17Z

136.9.4.1.1.10.1 Federal Wage Rates (23 USC 113 and 29 CFR 5): updated per email

← Older revision		Revision as of 11:42, 6 December 2023
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	The payment of predetermined minimum wages on federal-aid contracts is derived from the Davis-Bacon Act of 1931 and is prescribed by 23 USC 113. These wage rates must be physically inserted in the Bid Proposal on all federal-aid highway construction projects exceeding $2,000 and to all related subcontracts.		The payment of predetermined minimum wages on federal-aid contracts is derived from the Davis-Bacon Act of 1931 and is prescribed by 23 USC 113. These wage rates must be physically inserted in the Bid Proposal on all federal-aid highway construction projects exceeding $2,000 and to all related subcontracts.

	The federal minimum wage rates are available ~~directly~~ from the [~~http~~://www.~~wdol~~.gov/ Department of ~~Labor's Home Page~~]~~. Click~~ on ~~“Selecting DBA WDs”~~ then, ~~under "By Selection criteria beginning with:"~~ select “Missouri”~~, select~~ the ~~appropriate~~ county in which the work is taking place. For LPAs in Missouri to be in conformance with the federal “10-day rule”, LPAs are to access the “Federal Wage Rates” ten days prior to bid opening to see if updated federal wage rates have been posted. The applicable wage rates will be posted 10 days prior to the bid opening. When the wage rates change within the 10-day window, the LPA will not update the wage rates since doing so will not provide contractors with sufficient time to accommodate the revised wage order. If the updated wage rates have been posted, LPAs are required to issue an addendum to insert the updated wage rates in their final contract package.		The federal minimum wage rates are available from the [https://www.dol.gov/agencies/whd Department of Labor’s Wage and Hour Division website] (click on “Wage Determinations” at the bottom of the page and then click on “Public Building or Works” or directly from the [https://sam.gov/content/wage-determinations SAM.gov website]. Once at the search location, select all appropriate information, including “Missouri” and the county in which the work is taking place. For LPAs in Missouri to be in conformance with the federal “10-day rule”, LPAs are to access the “Federal Wage Rates” ten days prior to bid opening to see if updated federal wage rates have been posted. The applicable wage rates will be posted 10 days prior to the bid opening. When the wage rates change within the 10-day window, the LPA will not update the wage rates since doing so will not provide contractors with sufficient time to accommodate the revised wage order. If the updated wage rates have been posted, LPAs are required to issue an addendum to insert the updated wage rates in their final contract package.

	Federal wage rates are not required to be physically included in the contract advertising package provided they are referenced to an Internet web site address where they can be found or they can be posted at a referenced location that is readily accessible by all bidders. The final contract package signed by the LPA and the contractor must physically contain the federal wage rates, including updates if applicable.		Federal wage rates are not required to be physically included in the contract advertising package provided they are referenced to an Internet web site address where they can be found or they can be posted at a referenced location that is readily accessible by all bidders. The final contract package signed by the LPA and the contractor must physically contain the federal wage rates, including updates if applicable.

Hoskir: /* 136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230) */ updated link

2023-11-28T21:56:41Z

136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230): updated link

← Older revision		Revision as of 16:56, 28 November 2023
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	When a project receives a goal, the [[media:136.9.4.1.1.16_Training.docx\|Training Provision]] (contract version) shall be included in the bid proposal.		When a project receives a goal, the [[media:136.9.4.1.1.16_Training.docx\|Training Provision]] (contract version) shall be included in the bid proposal.

	For further information and guidance about the OJT program and the submittal forms, you may access the [https://www.modot.org/~~welcome~~-~~external~~-~~civil-rights~~ ECR website] or call (573) 526-2978.		For further information and guidance about the OJT program and the submittal forms, you may access the [https://www.modot.org/job-trainingcontract-compliance ECR website] or call (573) 526-2978.

	====136.9.4.1.1.17 Acknowledgement of Addenda ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1112&rgn=div8 23 CFR 635.112])====		====136.9.4.1.1.17 Acknowledgement of Addenda ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1112&rgn=div8 23 CFR 635.112])====

Hoskir: /* 136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230) */ updated per email

2023-11-28T18:26:35Z

136.9.4.1.1.16 On the Job Training (OJT) (23 CFR Section 230): updated per email

← Older revision		Revision as of 13:26, 28 November 2023
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	When a project receives a goal, the [[media:136.9.4.1.1.16_Training.docx\|Training Provision]] (contract version) shall be included in the bid proposal.		When a project receives a goal, the [[media:136.9.4.1.1.16_Training.docx\|Training Provision]] (contract version) shall be included in the bid proposal.

	For further information and guidance about the OJT program and the submittal forms, you may access the [~~http~~://~~contribute~~.modot.~~mo.gov~~/~~ecr/index.htm~~ ECR website] or call (573) ~~751~~-~~1216~~.		For further information and guidance about the OJT program and the submittal forms, you may access the [https://www.modot.org/welcome-external-civil-rights ECR website] or call (573) 526-2978.

	====136.9.4.1.1.17 Acknowledgement of Addenda ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1112&rgn=div8 23 CFR 635.112])====		====136.9.4.1.1.17 Acknowledgement of Addenda ([http://www.ecfr.gov/cgi-bin/text-idx?SID=d55e4f29583a8177baf0aa23e2919235&mc=true&node=se23.1.635_1112&rgn=div8 23 CFR 635.112])====