Common use of IMPLEMENTATION AND AMENDMENTS Clause in Contracts

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT or Division Office. C. The Division and FDOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities. The matrix specifies which ones are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the project. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions standards [23 CFR 625.3(f)] to design STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5) N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (6) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Connecticut Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT State DOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT State DOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT State DOT or Division Office.. • As agreed to by the Stewardship Committee A standing committee was originally established on January 8, 2008. The primary responsibility of this Committee is to modify this agreement when needed and recommend its approval to the CTDOT Commissioner and the FHWA Division Administrator. The members have changed since 2008, and now consist of the following: • Xxxx Xxxxxxx, Bureau of Engineering and Construction, Chairperson • Xxxxxx Xxx, Bureau of Engineering and Construction • Xxxxxxxx Xxxxxxxx, Bureau of Policy and Planning • Xxxxx X. Xxxxxxx, FHWA, Engineering • Xxxx Xxxxxxxxxxx, FHWA, Planning, Environment, and Research • Xxxx Xxxxx, FHWA, Finance C. The Division and FDOT State DOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII.D and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT State DOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the revised document. This Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (FAHP5) project approvals and related responsibilities. The matrix specifies which ones are subject business days of the effective date. D. Any changes to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved high risk categories must be documented by an amendment to FHWA. While FHWA may not delegate decision-making authority this S&O Agreement. E. Any changes to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed Project Action Responsibility Matrix must be approved by the State through FHWA discretion (on Office of Infrastructure in writing and documented by an amendment to this S&O Agreement. This agreement replaces the NHS) or by right (off July 18, 2019 agreement between the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the projectCTDOT. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions standards [23 CFR 625.3(f)] to design STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5) N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (6) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.REMAINDER OF XXXX LEFT BLACK INTENTIONALLY

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Puerto Rico Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT PRHTA agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: •  Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT or FHWA; or •  Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT PRHTA or Puerto Rico Division Office. C. The Division FHWA and FDOT PRHTA agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. and EXII.D, changes to the Attachments and documents incorporated by reference will not require the Division FHWA and FDOT PRHTA to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the document. This Agreement and any revised document shall be posted on FHWA’s S&O Agreement internet site within five (FAHP5) project approvals business days of the effective date. D. Any changes to the high risk categories, which none exist as of the signing of this agreement, must be documented by an amendment to this S&O Agreement. E. Any changes to the Project Action Responsibility must be approved by the FHWA Office of Infrastructure in writing and related responsibilitiesdocumented by an amendment to this S&O Agreement. The matrix specifies which ones are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) PoDI projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the projectPlan. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT PRHTA is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) FHWA(2) FHWA(2) Consultant Contract Selection STATE (3) STATE FHWA* FHWA* (3) Sole source Consultant Contract Selection STATE (3) STATE (3) FHWA* FHWA* Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE FHWA* FHWA* Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] to design STATE STATE FHWA* FHWA* Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) FHWA N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5(Note: action may be assumed by State pursuant to 23 USC 111(e)) FHWA* N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE FHWA* FHWA* Approve Project Management Plan for Federal Major Projects FHWA FHWA over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (64) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE FHWA* FHWA* Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE FHWA* FHWA* Approve use of local force account agreements [23 CFR 635.104 & 204000] STATE STATE Approve XXXX* XXXX* Xxxxxxx use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE STATE Make feasibility/practicability determination for allowing FHWA* FHWA* authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE FHWA for Nonnon-Interstate STATE Interstate* FHWA* Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE FHWA* FHWA* Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT or Division Office. C. The Division and FDOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities. The matrix specifies which ones are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the project. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx bill (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EISXXX/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 FHWA(2) FHWA(2) U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] to design STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5) N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC FHWA FHWA 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (6) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] STATE STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX STATE STATE Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 FHWA FHWA & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of BidderXxxxxx’s Good Faith Efforts to Meet Contract STATE (7) STATE (7) Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida New Mexico Division Administrator, who shall sign this S&O Agreement last. B. This S&O Agreement supersedes the December 6, 2012 Stewardship and Oversight Agreement and all corresponding supplements. C. The Division and FDOT the NMDOT agree that updates to this S & O Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT NMDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT NMDOT or Division Office. C. D. The Division and FDOT the NMDOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII. E and EF, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT the NMDOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the revised document. This S&O Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (FAHP5) project approvals business days of the effective date. E. Any changes to the high risk categories must be documented by an amendment to this S&O Agreement. F. Any changes to the Project Action Responsibility Matrix must be approved by the FHWA Office of Infrastructure in writing and related responsibilitiesdocumented by an amendment to this S&O Agreement. The matrix specifies which ones are subject to Executed this 7 day of April , 201_5_. Xxx Xxxxxxxx Division Administrator Executed this 7th day of April , 201_5_. Xxx Xxxxxx Cabinet Secretary If FHWA retains an action the State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by has a right to assume (off the NHS), the affected projects become PoDI projects. Projects requiring those actions are Projects 1 Matrix users may find it easier to identify such situations if you xxxx such instances in the matrix with a note or asterisk (*). Divisions also may wish to include in Attachment A’s introduction information about where readers can find a list of Division Interest (PoDIs) PoDI projects because and copies of FHWA’s retained authorityPoDI plans. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the project. 1 The following matrix identifies are considered PoDI projects: Major Projects (>$500M); Appalachian Development Highway Projects; TIGER Discretionary Grant Projects; NHS Projects with Retained FHWA Project Approval; Non-NHS Projects with Retained FHWA Project Approval; and Projects Selected by FHWA for Risk-based Stewardship & Oversight. Regardless of retained project approval actions, any Federal-aid highway program (FAHP) project approvals Highway Project either on or off the NHS that the Division identifies as having an elevated level of risk can be selected for risk-based stewardship and related responsibilities on oversight and would then be identified as a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the projectPoDI. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) Programming (All phases) Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Programming (All Phases) Identify proposed funding category STATE(1) STATE(1) category Financial Management (All phases) Obligate funds/approve Federal- Federal-aid project agreement, agreement modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Financial Management (All phases) Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Financial Management (All phases) Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Financial Management (All phases) Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Financial Management (All phases) Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) Environment (All phases) All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Environment (All phases) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 MAP-21) and 23 CFR 771.117(g))) FHWA(2) FHWA(2) Preliminary Design (Design Phase) Consultant Contract Selection STATE (3) STATE (3) Preliminary Design (Design Phase) Sole source Consultant Contract Selection FHWA (3)* STATE (3) STATE Preliminary Design (3Design Phase) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Preliminary Design (Design Phase) Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Preliminary Design (Design Phase) Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS AGENCY REPONSIBLE PROJECTS OFF THE NHS Preliminary Design (Design Phase) Approve exceptions to design standards [23 CFR 625.3(f)] to design FHWA(Interstate)* STATE (Non-Interstate) STATE Preliminary Design (Design Phase) Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) FHWA N/A Preliminary Design (Design Phase) Interstate System Access Justification Report [23 USC 111] FHWA*(5(Note: action may be assumed by State pursuant to 23 USC 111(e)) STATE N/A Preliminary Design (Design Phase) Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Preliminary Design (Design Phase) Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Preliminary Design (Design Phase) Approve innovative and Public- Public-Private Partnership projects in accordance with SEP-14 and SEP- 15 SEP-15 (Note: this action cannot be assumed by State) FHWA FHWA Preliminary Design (Design Phase) Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS AGENCY REPONSIBLE PROJECTS OFF THE NHS Detailed / Final Design (Design Phase) Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (64) N/A Detailed / Final Design (Design Phase) Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstateinterstate). [23 USC 109(a) and FHWA Policy] STATE (6STATE(4) STATE Detailed / Final Design (Design Phase) Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] FHWA* STATE STATE Detailed / Final Design (Design Phase) Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA* STATE STATE Detailed / Final Design (Design Phase) Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Detailed / Final Design (Design Phase) Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Detailed / Final Design (Design Phase) Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) Right-of-Way (Design and Operational Phases) Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA* STATE Right-of-Way (Design and Operational Phases) Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate (Interstate)* STATE for (Non-Interstate Interstate) STATE Right-of-Way (Design and Operational Phases) Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Right-of-Way (Design and Operational Phases) Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Right-of-Way (Design and Operational Phases) Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Kentucky Division Administrator, who shall sign this S&O Agreement last. B. The Division This Agreement supersedes the December 0000 Xxxxxxx Xxxxxxx Administration and FDOT Kentucky Transportation Cabinet Stewardship Plan and all corresponding Supplements. C. FHWA and KYTC agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT KYTC or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT KYTC or Division Office. C. The Division FHWA and FDOT KYTC agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII.D and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT KYTC to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the revised document. This Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (FAHP5) project approvals and related responsibilities. The matrix specifies which ones are subject business days of the effective date. D. Any changes to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved high risk categories must be documented by an amendment to FHWA. While FHWA may not delegate decision-making authority this S&O Agreement. E. Any changes to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed Project Action Responsibility Matrix must be approved by the State through FHWA discretion Office of Infrastructure in writing and documented by an amendment to this S&O Agreement. REMAINDER OF XXXX LEFT BLACK INTENTIONALLY Executed this 18 day of _May , 2015_. _/s/ Xxxxxx X. Xxxxxx, Xx. Signature Executed this 12th day of May , 2015_. _/s/ Xxxxxxx X. Xxxxxxx Signature ATTACHMENT A PROJECT ACTION RESPONSIBILITY MATRIX (on the NHS1) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the project. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions standards [23 CFR 625.3(f)] to design STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5) N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (6) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2. ) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. (3. ) State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. (4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, segmental concrete, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. ‌ A. This S&O Agreement will take effect is effective as of the effective date of the signature of the FHWA Florida Washington Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and FDOT WSDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT WSDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT or the FDOT or FHWA Division Office. C. The Division and FDOT State DOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII.D and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT State DOT to amend this S&O Agreement. The effective date of any revisions to one of these documents shall be clearly visible in the header of the revised document. This Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (5) business days of the effective date D. Any changes to the high risk categories must be documented by an amendment to this S&O Agreement. E. Any changes to the Project Action Responsibility Matrix must be approved by the FHWA Office of Infrastructure in writing and documented by an amendment to this S&O Agreement. EXECUTION BY THE FHWA WASHINGTON DIVISION OFFICE‌ Executed this 3rd day of March , 2015 . Signature [INSERT NAME] Division Administrator EXECUTION BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION‌ Executed this 3rd day of March , 2015 . Signature The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilitiesresponsibilities on a program-wide basis. The matrix specifies which ones actions are subject to assumed by the State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) PoDIs)1 projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the project. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. 1 The following are considered PoDI projects: Major Projects (>$500M); Appalachian Development Highway Projects; TIGER Discretionary Grant Projects; NHS Projects with Retained FHWA Project Approval; Non-NHS Projects with Retained FHWA Project Approval; and Projects Selected by FHWA for Risk-based Stewardship & Oversight. Regardless of retained project approval actions, any Federal-aid Highway Project either on or off the NHS that the Division identifies as having an elevated level of risk can be selected for risk-based stewardship and oversight and would then be identified as a PoDI. Please see “Projects of Division Interest (PoDI)/Projects of Corporate Interest (PoCI) Guidance (available at xxxx://xxx.xxxx.xxx.xxx/federalaid/stewardship). Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures agreement (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize Approve the current xxxx bill FHWA FHWA submitted by the STATE DOT for reimbursement of project expenditures. (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial FHWA FHWA Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for FHWA FHWA Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSIXXXXX, EISXXX/ROD, 4(f), FHWA(2) FHWA(2) 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) Categorical Exclusion approval FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3) STATE (3) Sole The use of sole source Consultant Contract Selection STATE (3Selection. STATE(3) STATE (3) Approve hiring of consultant to FHWA FHWA serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements FHWA FHWA and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards (Referred to by the Division and State as “Design Deviations”) [23 CFR 625.3(f)] to design FHWA* for Interstate STATE for Non-Interstate STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) FHWA N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5(Note: action may be assumed by State pursuant to 23 USC 111(e)) FHWA* N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 SEP-15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (64) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6STATE(4) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] FHWA* for Interstate STATE for Non-Interstate STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx processes [00 XXX 23 CFR 635.411] FHWA* STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make STATE STATE Prepare public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair FHWA FHWA market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market FHWA for Interstate STATE for Non-Interstate (3) STATE (3) value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the FHWA FHWA non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (noteNote: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X STATE STATE Approve PS&E [00 XXX 23 CFR 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx bids (FHWA authorization done via construction authorization) [00 XXX 23 CFR 635.112, 309] STATE STATE Approve cost-effectiveness STATE STATE determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] Approve emergency STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Approval to tie projects for bidding purposes [23 CFR 635.111] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx XXXXX XXXXX Xxxxxx xx xxxxxxxxx xx [00 XXX 635.114] all bids STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged STATE STATE Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good STATE STATE Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230XXX Xxxx 000, Subpart DXxxxxxx X]). STATE STATE XXXXX XXXXX Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Alabama Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT ALDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT ALDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT ALDOT or Division Office. C. The Division and FDOT ALDOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII.D and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT ALDOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the revised document. This Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (FAHP5) project approvals and related responsibilities. The matrix specifies which ones are subject business days of the effective date. D. Any changes to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved high risk categories must be documented by an amendment to FHWA. While FHWA may not delegate decision-making authority this S&O Agreement. E. Any changes to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. In the matrix, actions marked with an asterisk (FHWA*) are those that FHWA has retained but that could have been assumed Project Action Responsibility Matrix must be approved by the State through FHWA discretion (on the NHS) or Office of Infrastructure in writing and documented by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the projectan amendment to this S&O Agreement. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE ALDOT ALDOT Identify proposed funding STATE(1category ALDOT(1) STATE(1ALDOT(1) category Obligate funds/approve Federal- Federal-aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE ALDOT ALDOT All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Notenote: this action cannot be assumed by STATE except under 23 U.S.C. 327ALDOT) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) FHWA(2) FHWA(2) Consultant Contract Selection STATE (3ALDOT(3) STATE (3ALDOT(3) Sole source Consultant Contract Selection STATE (3ALDOT(3) STATE (3ALDOT(3) Approve hiring of consultant to serve in a “management” role [23 CFR 172.9] (Notenote: this action cannot be assumed by StateALDOT) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE ALDOT ALDOT Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] to design STATE STATE ALDOT ALDOT Interstate System Access Change [23 USC 111] (Notenote: this action cannot be assumed by StateALDOT) FHWA(4) FHWA N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5(note: action may be assumed by ALDOT pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE ALDOT ALDOT Approve Project Management Plan for Federal Major Projects over $500 million [23 USC US C 106(h)] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Approve innovative and Public- Public-Private Partnership projects in accordance with SEP-14 and SEP- 15 SEP-15 (Noteexcept those Design-Build projects that conform with 23 CFR 636) (note: this action cannot be assumed by StateALDOT) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE ALDOT procedures) (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (6FHWA(4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). ) [23 USC 109(a) and FHWA Policy] STATE (6FHWA(4) STATE ALDOT Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE ALDOT ALDOT Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE FHWA ALDOT Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE ALDOT ALDOT Approve the use of proprietary products, xxxxxxxxx processes [00 XXX 23 CFR 635.411] FHWA* STATE ALDOT ALDOT Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE ALDOT ALDOT Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] ALDOT ALDOT Make public interest finding on whether State ALDOT may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE ALDOT Ensure compliant ROW certificates 1 and 2 are in xxxxx [00 XXX 635.309(c)(1)&(2)] ALDOT ALDOT Ensure compliant ROW certificate 3 is in xxxxx [00 XXX 635.309(c635.309)(c)(3)] STATE STATE FHWA FHWA Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by StateALDOT) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Notenote: this action cannot be assumed by StateALDOT) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3ALDOT(3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by StateALDOT) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Accept Transportation Management Plans ([23 CFR 630.1012(b)) CFR STATE STATE ] ALDOT ALDOT Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201630.20] STATE STATE ALDOT ALDOT Authorize advance construction and conversions [23 CFR 630.703 & 709] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE ALDOT ALDOT Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE ALDOT ALDOT Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE ALDOT ALDOT Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE railroad protective insurance limits FHWA ALDOT Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE FHWA ALDOT Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE FHWA ALDOT Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 && .204] STATE STATE FHWA ALDOT Approve construction engineering by local agency [23 CFR 635.105] STATE STATE ALDOT ALDOT Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE FHWA FHWA Approve addenda during advertising period [23 CFR 635.112] STATE STATE ALDOT ALDOT Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE ALDOT ALDOT Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE ALDOT ALDOT Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE ALDOT ALDOT Approve changes and extra work [23 CFR 635.120] STATE STATE ALDOT ALDOT Approve contract time extensions STATE STATE [00 XXX 23 CFR 635.120] ALDOT ALDOT Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE ALDOT ALDOT Accept materials certification [23 CFR 637.207] STATE STATE ALDOT ALDOT Concur in settlement of contract claims [23 CFR 635.124] STATE STATE ALDOT ALDOT Concur in termination of construction contracts [23 CFR 635.125] STATE STATE ALDOT ALDOT Waive Buy America provisions [23 CFR 635.410] (Notenote: this action cannot be assumed by StateALDOT) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE ALDOT ALDOT Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) ALDOT ALDOT Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) ALDOT ALDOT Equal Employment Opportunity (EEO) Contract Compliance Review Approval [23 CFR Part 230, Subpart D]). STATE STATE FHWA ALDOT Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE ALDOT ALDOT Training Special Provision – FHWA FHWA Approval of New Project Training FHWA FHWA Programs (Note: this action cannot be assumed by StateXXXXX) [23 CFR 00 XXX 230.111(d), (e)] FOOTNOTES:] (1. State ) ALDOT is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2. ) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. (3. State) ALDOT’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. (4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, segmental concrete, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida District of Columbia Division Administrator, who shall sign this S&O Agreement last. This S&O Agreement amends and replaces in its entirety the S&O Agreement executed on May 13, 2015. B. The Division and FDOT DDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT DDOT or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT DDOT or Division Office. C. The Division and FDOT DDOT agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. XII.D and E, changes to the Attachments and documents incorporated by reference will not require the Division and FDOT DDOT to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the revised document. This Agreement and any revised document shall be posted on the Division’s S&O Agreement internet site within five (FAHP5) project approvals business days of the effective date. D. Any changes to the high risk categories must be documented by an amendment to this S&O Agreement. E. Any changes to the Project Action Responsibility Matrix must be approved by the FHWA Office of Infrastructure in writing and related responsibilitiesdocumented by an amendment to this S&O Agreement. The matrix specifies which ones are subject to State assumption under the provisions REMAINDER OF PAGE LEFT BLACK INTENTIONALLY Executed this 3rd day of 23 U.S.C. 106(c) or other statutory or regulatory authority_November , as well as those which are reserved to FHWA2015. While FHWA may not delegate decision-making authority to a State unless authorized by lawXxxxxx X. Xxxxxx Division Administrator Executed this 3rd day of _November , FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision2015. Xxxx Xxxxxxx Acting Director In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) PoDI projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the projectPlan. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT DDOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding STATE(1category DDOT(1) STATE(1DDOT(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EIS/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) Consultant Contract Selection STATE (3FHWA(2) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3FHWA(2) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] to design STATE STATE FHWA DDOT Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) FHWA N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5(Note: action may be assumed by State pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE DDOT DDOT Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (64) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE DDOT DDOT Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE DDOT DDOT Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE DDOT DDOT Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE FHWA DDOT Make feasibility/practicability determination for allowing authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA DDOT Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE Interstate, DDOT for Non-Interstate STATE DDOT Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE STATE DDOT DDOT Approve Hardship and Protective Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE DDOT (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA DDOT (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) CFR STATE STATE DDOT DDOT Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX DDOT XXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE DDOT DDOT Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE DDOT DDOT Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE FHWA DDOT Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE DDOT DDOT Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE FHWA DDOT Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE DDOT DDOT Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE FHWA DDOT Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE FHWA DDOT Approve construction engineering by local agency [23 CFR 635.105] STATE STATE DDOT DDOT Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE FHWA DDOT Approve addenda during advertising period [23 CFR 635.112] STATE STATE DDOT DDOT Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE DDOT DDOT Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE DDOT DDOT Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE FHWA DDOT Approve changes and extra work [23 CFR 635.120] STATE STATE DDOT DDOT Approve contract time extensions STATE STATE [00 XXX 23 CFR 635.120] DDOT DDOT Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE DDOT DDOT Accept materials certification [23 CFR 637.207] STATE STATE DDOT DDOT Concur in settlement of contract claims [23 CFR 635.124] STATE STATE FHWA DDOT Concur in termination of construction contracts [23 CFR 635.125] STATE STATE FHWA DDOT Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE DDOT DDOT Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) DDOT DDOT Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) DDOT DDOT Equal Employment Opportunity (EEO) Contract Compliance Review Approval [23 CFR Part 230, Subpart D]). STATE STATE DDOT DDOT Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE DDOT DDOT Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES:FHWA FHWA (1. ) State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2. ) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. (3. ) State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. (4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.exceptionally

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement will take effect as of the effective date of the signature of the FHWA Florida Puerto Rico Division Administrator, who shall sign this S&O Agreement last. B. The Division and FDOT PRHTA agree that updates to this Agreement will be considered periodically on a case-by-case basis or when: • Significant new legislation, Executive orders, or other initiatives affecting the relationship or responsibilities of one or both parties to the S&O Agreement occurs; • Leadership, or leadership direction, changes at the FDOT PRHTA or FHWA; or • Priorities shift as a result of audits, public perception, or changes in staffing at either the FDOT PRHTA or Puerto Rico Division Office. C. The Division FHWA and FDOT PRHTA agree that changes may occur to the contents of the Attachments to this S&O Agreement and documents incorporated by reference into the S&O Agreement. Except as provided in paragraph XII.D. and EXII.D, changes to the Attachments and documents incorporated by reference will not require the Division FHWA and FDOT PRHTA to amend this S&O Agreement. The effective date of any revisions to one of these The following matrix identifies Federal-aid highway program documents shall be clearly visible in the header of the document. This Agreement and any revised document shall be posted on FHWA’s S&O Agreement internet site within five (FAHP5) project approvals business days of the effective date. D. Any changes to the high risk categories, which none exist as of the signing of this agreement, must be documented by an amendment to this S&O Agreement. E. Any changes to the Project Action Responsibility must be approved by the FHWA Office of Infrastructure in writing and related responsibilitiesdocumented by an amendment to this S&O Agreement. The matrix specifies which ones are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. REMAINDER OF XXXX LEFT BLANK INTENTIONALLY In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). Projects requiring those actions are Projects of Division Interest (PoDIs) PoDI projects because of FHWA’s retained authority. Those projects will be governed by a separate PoDI Plan that specifies FHWA and State responsibilities for the projectPlan. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT XXXXX is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE(1) STATE(1) category Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current xxxx bill (Note: this action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, EISXXX/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA(2) FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant FHWA(2) FHWA(2) to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) FHWA(2) FHWA(2) Consultant Contract Selection STATE (3) STATE FHWA* FHWA* (3) Sole source Consultant Contract Selection STATE (3) STATE (3) FHWA* FHWA* Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE FHWA* FHWA* Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] to design STATE STATE FHWA* FHWA* Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA(4) FHWA N/A Interstate System Access Justification Report [23 USC 111] FHWA*(5(Note: action may be assumed by State pursuant to 23 USC 111(e)) FHWA* N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE STATE FHWA* FHWA* Approve Project Management Plan for Federal Major Projects FHWA FHWA over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (64) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (6) STATE FHWA* FHWA* Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE FHWA* FHWA* Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE FHWA* FHWA* Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, xxxxxxxxx processes [00 XXX 23 CFR 635.411] FHWA* STATE Concur in use of publicly furnished materials [23 CFR 635.407] FHWA* STATE STATE Make feasibility/practicability determination for allowing FHWA* FHWA* authorization of construction prior STATE STATE to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE FHWA for Nonnon-Interstate STATE Interstate* FHWA* Ensure compliant ROW certificate is in xxxxx place [00 XXX 23 CFR 635.309(c)] STATE STATE FHWA* FHWA* Approve Hardship and Protective Xxxxxx Buying [00 XXX 23 CFR 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and xxxxxxxxx [00 XXX 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to FHWA for Interstate STATE for Non-Interstate (3) STATE (3) scope of property-related oversight and approvals for all actions except those on the Interstate System) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 630.1012(b)) CFR STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] XXXXX XXXXX Xxxxxxx XX&X [00 XXX 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for xxxx [00 XXX 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA* STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX 635.114] STATE STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions STATE STATE [00 XXX 635.120] Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] FHWA* STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE (7) STATE (7) Acceptance of Bidder’s Good Faith Efforts to Meet Contract Xxxx [00 XXX 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE (7) STATE (7) Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]. STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – FHWA FHWA Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FOOTNOTES: 1. State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. 2. If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements. 3. State’s process and modifications to, or variation in process, require FHWA approval. Note: Florida Statutes do not have a provision for sole source consultant contract selection. 4. The Interchange Justification Report (IJR) Programmatic Agreement [23 USC 111(a)] initially approved on April 2, 2015 allows FDOT to receive expedited FHWA approval for certain Interstate access requests, specifically: • New and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs) • Modifications to service interchanges inside of TMAs and; • Completion of basic movements at existing partial interchanges. 5. STATE for IJRs for new and major modifications to existing freeway-to-crossroad (service) interchanges outside of Transportation Management Areas (TMAs); modifications to service interchanges inside of TMAs; and completion of basic movements at existing partial interchanges. FHWA for all other IJRs 6. Unusual/Complex bridges and structures are those that the Division determines to have unique foundation problems, new or complex designs, exceptionally long spans, exceptionally large foundations, complex hydrologic (including climate change and extreme weather events) aspects, complex hydraulic elements or scour related elements, or that are designed with procedures that depart from currently recognized acceptable practices (i.e., cable-stay, suspension, arch, moveable, truss, tunnels, or complex geotechnical walls or ground improvement systems) 7. The FDOT DBE program is currently entirely race neutral. According to 49 CFR 26.51(f)(3), contract goals are not permitted.. Without contract goals, good faith efforts do not apply. If the FDOT DBE Program were to revert back to having a race conscious component then this agreement will be updated.