Project Approval Actions Clause Samples

Project Approval Actions. FHWA’s Acknowledgement Letter will establish a date of eligibility for those emergency repairs and protective measures that must be undertaken immediately to restore essential travel, minimize the extent of damage, or protect remaining facilities. These types of repairs are normally classified as Categorical Exclusions under 23 CFR 771.117 (c)(9). Contracts to do this type of emergency repair may be accomplished through abbreviated procedures, but care should be taken to include applicable Federal aid requirements (Refer to ER Manual). • FHWA’s Determination of Eligibility letter will inform the LADOTD of which projects are to be considered full involvement by FHWA and which projects may precede under delegated authority. Because of the nature of the ER program, the thresholds used for this purpose for regular Federal aid apportioned funds, may or may not be found applicable for a particular disaster or particular damage sites. • For ER projects determined in the Determination of Eligibility letter to be fully involved, normal Federal aid oversight procedures will apply: design/concept approval, PS&E approval/advertise for bids, concurrence in award, change order approval, etc. • All ER projects that do not fall into the category of work needed immediately to protect the facility from further damage or keep the route open for the safe flow of traffic (first response type work) will require environmental approval by FHWA. See the Environment section.

Project Approval Actions. The FHWA Acknowledgement Letter will establish a date of eligibility for those emergency repairs and protective measures that must be undertaken immediately. This type of work is categorically excluded from NEPA by definition. Contracts to do this type of emergency repair may be accomplished with abbreviated procedures; however, this permission will be indicated on the completed Damage Survey Report for each site. An FHWA Determination of Eligibility Letter will inform MDOT of the projects which are to be considered full involvement by FHWA and which projects are to be state-administered. Because of the nature of the ER program, thresholds and criteria used normally to determine federal oversight may not be applicable for a particular disaster or damaged site. For ER projects, normal Federal-aid procedures and requirements will apply. All ER projects that do not fall into the category of emergency repairs required FHWA will provide waivers of Federal-aid requirements on ER projects when requested by MDOT on a project by project basis, if warranted by conditions and/or work characteristics. The state or local agency may disagree with the federal eligibility determination from FHWA.

Project Approval Actions. FHWA works with LADOTD to determine appropriate application and use of the tools that are available. FHWA also provides technical support in interpreting and applying available tools and in having access to the state of the practice information that allows timely advancement and innovation in traffic operations. Individual studies performed in support of project decision-making are the responsibility and prerogative of LADOTD with no specific FHWA approval actions required, except in the case of freeway interchange addition or modification (23 CFR 625). FHWA’s specific approval of traffic operations elements of project development will occur coincident with environmental approvals when the traffic operations studies are supporting alternative selection decisions. FHWA’s specific approval of traffic operations elements of project plans will be approved coincident with PS&E approval dependent on the project’s exemption status. FHWA’s approval of traffic analyses that support interchange/access modification will be approved coincident to the interchange/access modification.

Project Approval Actions. FHWA will approve final design plans on Full Oversight projects as part of the PS&E package submitted by LADOTD for construction authorization. • FHWA will approve Design Exceptions on Full Oversight Projects. • FHWA will approve the Scope and Fee package on consultant contracts for full oversight projects. • Various project approval actions applicable to design are included in the PROJECT ACTIVITY APPROVAL CHART below.

Project Approval Actions. LADOTD and FHWA will assure that appropriate consultation with Tribal Governments is achieved during the NEPA process to address tribal concerns regarding the preservation of environmental, scenic, cultural or historic values. • A City/State Agreement will be executed for each locally administered project. • Environmental clearance must be obtained from FHWA (or determined to be a categorical exclusion by definition or a pre-determined programmatic categorical exclusion) prior to the design or right-of-way processes on all projects using Federal aid funds. • LADOTD will retain approval authority for the following actions. (1) Design Exception approval (2) Right of Way certification (3) Plan Approval (4) DBE Goals (5) PS&E approval (6) Award of Contract (7) Construction Change Orders (8) Labor compliance enforcement (9) Final Inspection and Acceptance (10) Project Audit • Full Oversight projects will require FHWA approval actions as detailed in the Design and Construction and Contract Administration sections of this Stewardship Plan.

Project Approval Actions. The FHWA will review and approve all FHWA oversight projects including: final plans, engineers’ estimates, special provisions, special notes, and proposals. Various project approval actions applicable to design are included in the following attached Project Activity Approval Chart. • On FHWA oversight projects, FHWA will review and concur with the definition and negotiation of scope of services for consultants selected on FHWA oversight projects. This shall occur through attendance/review of pre-design conference meetings, scope/contract negotiation meetings, and subsequent project meetings in which a change of scope or contract modification may become necessary to complete the design of a project. • The FHWA shall be copied on final/negotiated Production-Hour and Fee Proposal Worksheets for original contracts and contract modifications for design of FHWA oversight projects. • The FHWA may review the KYTC and consultants’ production- hour submittals to KYTC Program Performance to concur that scope defined for items is adequate to satisfy regulatory requirements and current approved design standards and methodologies.

Project Approval Actions. FHWA approval is not required on a project level for maintenance activities unless special or unusual circumstances exist. The maintenance agreement, which is part of the project agreement, is a project-level agreement in which MDOT agrees to maintain the constructed facility. Preventive Maintenance project level approvals are as follows: • Preventive Maintenance projects determined to be oversight will be approved by FHWA. • Non-oversight projects will be approved by MDOT. • Non-standard, pilot or experimental preventive maintenance treatments not outlined in the CPM Manual will be approved by FHWA. • FHWA will approve project level changes to the CPM Manual on FHWA oversight projects.

Project Approval Actions. FHWA will verify that projects are in the current HSIP, and approve project agreements, modified project agreements and final vouchers on all Section 130 and 148 projects. • FHWA will collaborate with NHTSA on any project level action required for Section 402 projects. • Section 164 Penalty Transfer Projects, though handled by NHTSA due to transfer to Section 402, will be handled by FHWA similar to Section 148 projects, following partnership agreement procedures except that no financial actions will be taken by FHWA. LADOTD will include the Section 164 Penalty Transfer Projects being advanced under Section 148 Program criteria in the annual program of projects under the Highway Safety Improvement Program. FHWA will verify that projects are listed in the annual HSIP and HSP.

Project Approval Actions. All ITS projects (stand alone or ITS incorporated in other work) shall accommodate the interface requirements and information exchanges specified in the regional ITS architecture and there must be a commitment to the operations, management and maintenance of the overall system. KYTC will make a determination of conformity of ITS Projects with the regional ITS architecture. FHWA will concur in the determination of conformity with the regional ITS architecture consistent with the project level oversight described in this Stewardship Plan. • All ITS projects shall be developed based on a systems engineering analysis. KYTC will make a determination of conformity of ITS Projects with the systems engineering analysis requirement. FHWA will concur in the determination of conformity with the systems engineering analysis consistent with the project level oversight described in this Stewardship Plan. • All ITS projects shall use applicable ITS standards and interoperability tests that have been officially adopted, by rulemaking, by US DOT. KYTC will make a determination of conformity of ITS projects with the ITS standards requirement. FHWA will concur in the determination of conformity with the ITS standards requirement consistent with project level oversight described in this Stewardship Plan. • Congressionally Designated Projects are normally non- construction projects and will be advanced/approved on a case- by-case basis. Typically, the projects are designated by earmark in appropriations acts with specific implementation processes issued by FHWA Washington Headquarters for each appropriation cycle.