Montana Department of TransportationPO Box 201001

Helena, MT 59620-1001

Memorandum

To: Distribution

From: Dwane Kailey, P.E. Signed by Dwane Kailey 4/30/13Acting Chief EngineerHighways & Engineering DivisionMontana Department of Transportation

Lloyd Rue Signed by Lloyd Rue 4/30/13Program Development EngineerFederal Highway Administration

Date: April 30, 2013

Subject: Guidelines for Nomination and Development of Pavement ProjectsADA Guidance

The Guidelines for Nomination and Development of Pavement Projects discuss the need to incorporate ADA facilities in conjunction with various types of pavement projects. Since the adoption of the Public Right-of-Way Accessibility Guidelines (PROWAG) resulted in some changes to the ADA process, the Montana Department of Transportation and the Federal Highway Administration have developed the guidance described in the following attachment. This information should aid in evaluating existing ADA facilities and developing new ADA facilities for pavement projects of varying scopes. This information will also be included as an appendix to the Guidelines for Nomination and Development of Pavement Projects.

If you have questions concerning this guidance, please contact Paul Ferry at 444-6244

Attachment

Electronic Distribution:

Lloyd Rue, Project Development Engineer - FHWAMarcee Allen, Safety/Traffic/Design Engineer - FHWADwane Kailey, Chief Operations OfficerJames Walther, Preconstruction EngineerKevin Christensen, Construction EngineerEd Toavs, Administrator – Missoula DistrictJeff Ebert, Administrator – Butte DistrictDave Hand, Administrator – Great Falls DistrictShane Mintz Administrator – Glendive District

Stefan Streeter, Administrator – Billings DistrictMatt Strizich, Materials EngineerPaul Jagoda, Construction Engineering Services Engineer

Lisa Durbin, Construction Administration Services EngineerSuzy Price, Supervisor – Contract Plans BureauRyan Dahlke, Consultant Design EngineerBryan Miller, Consultant Design BureauRoy Peterson, Traffic & Safety EngineerKent Barnes, Bridge EngineerDamian Krings, Road Design EngineerPaul Ferry, Highways EngineerPatti McCubbins, Supervisor – Civil Rights BureauAlice Flesch, ADA CoordinatorTim Tilton, Contract Plans BureauKevin Farry, Road Design CheckerJohn Cornell, Road Design Checker

ADA Guidance for Designers and Engineering Project Managers

Introduction

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act of 1990 (ADA) require pedestrian facilities to be designed and constructed so they are readily accessible to and usable by persons with disabilities. This document provides guidance to designers and engineering project managers (EPMs) in determining what ADA improvements need to be included in infrastructure improvement projects.

ADA Design Standards

MDT has adopted the Public Rights-of Way Accessibility Guidelines (PROWAG) as its design standard for ADA facilities and provides overall general and technical guidance. The design standards are incorporated in MDT’s detailed drawings. The PROWAG is located on the U.S. Access Board’s website and can be accessed by clicking on the following link: http://www.access-board.gov/prowac/draft.htm.

The elements of an accessible design include curb ramps with detectable warnings and accessible sidewalks (if provided). When pedestrian features (sidewalks, ramps, etc.) are provided, there is also an obligation to maintain these features in an accessible condition.

Designers and EPMs should work to meet accessibility requirements throughout the project delivery process. Issues surrounding pedestrian accessibility should be addressed at the earliest stage possible to reduce or prevent conflicts with other right-of-way and use of special plan details for specific locations to remove barriers.

Pedestrian Facilities

Public agencies are not required to provide pedestrian facilities. However, when a public agency does provide a pedestrian facility, it must be accessible to persons with disabilities to the extent technically feasible.

The determination to include pedestrian facilities in a project is made during the planning and scoping phases based on: access control of the highway; local transportation plans, comprehensive plans and other plans (such as Walk Route Plans developed by schools and school districts); the roadside environment; pedestrian volumes; user age group(s); and the continuity of local walkways or paths along or across the roadway.

When developing pedestrian facilities within a limited amount of right-of-way, designers can be faced with multiple challenges. It is important that designers become familiar with the ADA accessibility criteria in order to appropriately balance intersection design with the often competing needs of pedestrians and other roadway users.

If a project alters any aspect of a pedestrian route, it must be replaced with accessible facilities. An assessment of the condition of sidewalks should be made during the project design. Additional work outside of the scope and limits of the project altering a facility is at the discretion of MDT project development personnel. However, any features not conforming to ADA requirements adjacent to the project but outside the project scope should be communicated to the ADA Coordinator for addition to the Transition Plan.

Definition of an Alteration

An alteration is a change to a facility in the public right-of-way that affects or could affect access, circulation, or use. Projects altering the use of the public right-of-way must incorporate pedestrian access improvements within the scope of the project to meet the requirements of the ADA and Section 504. These projects have the potential to affect the structure, grade, or use of the roadway. Alterations include reconstruction, major and minor rehabilitation, widening, all resurfacing projects including mill/fills and the placement of plant mix overlays/plant mix seals of 0.15’ or greater, signal installations and major upgrades, and projects of similar scale and effect. Accessibility improvements within the scope of the project shall occur at the same time as the alteration.

ADA features need not be addressed on routine maintenance treatments such as filling potholes, seal and cover and micro-surfacing projects, shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems.

Scope of an Alteration Project

The scope of an alteration project is determined by the extent the alteration project directly changes or affects the public right-of-way within the project limits. Accessibility must be improved for only that portion of the public right-of-way changed or affected by the alteration. For example, if a project resurfaces the street, for accessibility purposes the curbs and pavement at the pedestrian crosswalk are in the scope of the project, but the sidewalks are not. Any of the features disturbed by the construction must be replaced so that they are accessible.

While the sidewalks are not considered to be in the scope of the project in this example, it is the responsibility of MDT to maintain sidewalks to ensure the path of travel remains open and usable for persons with disabilities. During the project scoping phase, the sidewalks should be inspected for compliance with ADA design standards and any deficiencies noted. If the sidewalk improvements can’t be added to the scope of the project, the deficiencies should be communicated to the ADA Coordinator for incorporation into the transition plan.

US DOT policy requires the consideration of pedestrian needs in all construction, reconstruction, and rehabilitation projects. If pedestrian facilities are provided, those facilities must be accessible to persons with disabilities.

Considerations for Scoping Alteration Projects

The scope of work for elements of accessible design for any alteration project must be in conformity with the MDT ADA Transition Plan. The Transition Plan identifies and provides guidance for the removal of accessibility barriers. The following provides assistance in defining the scope of work for accessible design for the various types of pavement projects.

Pavement PreservationThe following information should be used to evaluate ADA features on pavement preservation projects. Decisions should be documented in the appropriate report. 1) Install curb ramps where sidewalks are present and no curb ramps exist;

2) Modify existing ramps as needed to meet current PROWAG design standards. The following questions should be answered in gauging functionality:

• Is an adequate landing available? • Is the longitudinal curb ramp slope excessive?• Are the cross slopes of the curb ramp or landing excessive?• Are there detectable warning devices?• If most or all curb ramp features deviate considerably from the PROWAG

criteria, the curb ramp should be replaced.

This determination involves an assessment of R/W and utility impacts, and if the modification will provide a substantial improvement in functionality of the curb ramp. Even if a curb ramp cannot be made fully compliant, design and construct alterations should be incorporated that improve accessibility and are technically feasible (e.g. adding detectable warning devices). Refer to Substantial Conformance with PROWAG Standards section below for more discussion.

3) Although sidewalk repair is not required for pavement preservation projects, sidewalks should be reviewed to determine if sidewalk upgrades should be included in the project or recommended for inclusion in the ADA transition plan. Factors to be considered include:• Condition of existing sidewalk;• Existence of a continuous path of travel between intersections free of trip

and tipping hazards;• Required acquisition or construction permits; or• Required relocation of utilities.

Minor RehabilitationSince minor rehabilitation projects often differ from pavement preservation projects only in the level of surfacing structure, a process similar to the one described above should be used in the evaluation of ADA facilities. Sidewalk repair and the installation of new sidewalk should be more readily included in a minor rehabilitation project. R/W acquisition and utility relocation should also be given greater consideration, even though the remainder of the project does not include these items. If R/W acquisition and utility relocation are required for other project features, they must be used as

necessary to modify existing curb ramps.

Reconstruction and Major RehabilitationAll ADA features (curb ramps and sidewalks) should be constructed to current PROWAG criteria for reconstruction and major rehabilitation projects. In addition, the installation of new sidewalk to provide an improved path of travel is recommended if it is technically feasible.

Technical Feasibility and Cost

When constructing a new transportation facility or altering an existing transportation facility, the designer and EPM should consider what is included within the scope of the project. For elements that are within the scope of the project, any features of a facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration without regard to cost. The only exception to this rule is where conformity with PROWAG is “technically infeasible,” meaning that “existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.”

Where making an alteration that meets accessibility requirements is technically infeasible, the designer or EPM must ensure that the alteration provides accessibility to the maximum extent feasible. If the designer or EPM believes that full compliance with PROWAG is technically infeasible, they should document that the proposed solution to the problem meets the “maximum extent feasible” test and keep this documentation in the project file.

Cost is not a reason to fail to complete an ADA-required improvement within the scope of an alteration project under the PROWAG standards. ADA-required accessibility improvements within the scope of an alteration project must be completed to the maximum extent feasible. Cost is not a factor in determining whether meeting standards has been completed to the maximum extent feasible.

Right-of-Way Considerations

Most ADA accessibility features can be constructed within the confines of existing right-of-way. In those instances where more right-of-way is required to provide accessible features for persons with disabilities, the designer and EPM should work jointly with all others with interests in the highway, street, or walkway to ensure that pedestrian access improvements occur at the same time as any alteration or new construction project. All pedestrian access upgrades within the scope of the project must occur at the same time as the alteration.

Substantial Conformance with PROWAG Standards

The PROWAG design standards are set forth as absolutes and do not provide for variability. In practice it is nearly impossible to construct improvements to meet

standards exactly. Over time, improvements may settle or heave and fall out of compliance with the standards. This is understood and accepted within the transportation engineering community of practice. Engineering judgment should be used when considering if constructed improvements meet standards and when they fail to meet standards. Any improvement that exceeds an absolute standard that is explicitly approved by construction personnel should be documented in the project file. This approach should be the same during the scoping phase of a project as well as during the construction and acceptance phase of a project.

When it is unclear if an improvement is in compliance with ADA standards, consult with the Highways Engineer. The Highways Engineer will consult with the ADA Coordinator, the district and local jurisdiction as necessary to reach consensus. If consensus cannot be reached the Engineering Administrator will ultimately decide whether a feature must be removed and replaced to comply with ADA. The reasons for the decision shall be documented in the project file. The documentation should include considerations of site conditions and constraints, as well as other options considered.

Ultimately, the pedestrian facilities must be accessible to persons with disabilities.