Common use of IMPLEMENTATION AND AMENDMENTS Clause in Contracts

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective as of the date of the FHWA Washington Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT 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 WSDOT or FHWA; or  Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT or the FHWA Division Office. C. The Division and 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 and E, changes to the Attachments and documents incorporated by reference will not require the Division and 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.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the effective date of the signature of the FHWA Washington Minnesota Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT State DOT 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 WSDOT the State DOT or FHWA; or  • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT the State DOT or the FHWA Division Office. C. The Division and 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 and E, changes to the Attachments and documents incorporated by reference will not require the Division and 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.. Appendix A: Glossary‌

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the effective date of the signature of the FHWA Washington North Dakota Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT NDDOT 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 WSDOT the NDDOT or FHWA; or  • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT the NDDOT or the FHWA Division Office. C. The Division and State DOT NDDOT 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 State DOT NDDOT 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. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY PROJECT ACTION RESPONSIBILITY MATRIX 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. This matrix applies program wide; any revision to project approval assumptions by the State, as shown in the matrix, will be handled on a project by project basis. When a change in project approval assumptions is determined appropriate for a specific project, the project will be classified as a PoDI1 and the project approval assumptions will be documented in a project oversight plan. Projects actions that cannot be assumed by NDDOT at any time are noted in the action description. These actions are reserved to FHWA because they are outside the scope of 23 USC 106(c) or otherwise are reserved to FHWA by law. For the column marked “Projects on the NHS,” FHWA may retain any approval or related action in any box marked “State” as deemed appropriate by FHWA. In those situations, the project will be classified as a PoDI, and an individual project oversight plan will be prepared. For the column marked “Projects off the NHS”, NDDOT will assume all items marked “State” unless NDDOT determines the assumption of a particular item is not appropriate on a project by project basis. Again, in these situations, the particular project will be identified as a PoDI and an individual project oversight plan will be prepared detailing those project approval actions that will be retained by FHWA. NDDOT 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. While FHWA may not delegate decision-making authority to NDDOT unless authorized by law, FHWA may authorize NDDOT to perform work needed to reach the decision point, or to implement the decision. 1 The following are considered PoDI projects: Major Projects (>$500M);

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the effective date of the signature of the FHWA Washington Oregon Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT State DOT 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 WSDOT the State DOT or FHWA; or  • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT the State DOT or the FHWA Division Office. C. The Division and 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 and E, changes to the Attachments and documents incorporated by reference will not require the Division and 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 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.S&O

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective as of the date of the FHWA Washington Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT 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 WSDOT or FHWA; or  • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT or the FHWA Division Office. C. The Division and 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 and E, changes to the Attachments and documents incorporated by reference will not require the Division and 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.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the execution date of the signature of the FHWA Washington Virginia Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT State DOT 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 WSDOT the State DOT or FHWA; or  • Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT the State DOT or the FHWA Division Office. C. The Division and 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 EE., changes to the Attachments and documents incorporated by reference will not require the Division and 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. . 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.

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the effective date of the signature of the FHWA Washington Indiana Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT INDOT agree that updates to this Agreement will be considered periodically on a case-by-case basis for below scenarios or when:  at a minimum of every 4 years: B.1 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;  ; B.2. Leadership, or leadership direction, changes at WSDOT INDOT or FHWA; or  or B.3. Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT INDOT or the FHWA Division Office. C. The Division and State DOT INDOT agree that changes may occur to the contents of the Attachments 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 attachments and documents incorporated by reference will not require the Division and State DOT INDOT 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. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Executed this day of , 201 . Signature Xxxxxxx X. Xxxxxxx Division Administrator Executed this day of , 201 . Signature Xxxx X. Xxxxxxxx Commissioner 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. For projects on the NHS, the FHWA Division has retained any approval or related action in any box as deemed appropriate by the Division. If the FHWA Division retained any approval or related action which could have been assumed by the State, then any project involving this action will be a PoDI, and will require a PoDI plan. (Actions with Endnote 4 those approval or related actions that can be delegated to the State.) For the column marked “Projects off the NHS”, the State must assume all items marked “State” unless the State determines the assumption of a particular item by the State is not appropriate. Those actions retained by FHWA per INDOT’s determination are noted with Endnote 6. INDOT’s determination that FHWA should retain these actions is in Attachment E (INDOT determination for FHWA to retain certain actions). Except as expressly stated in notes to the matrix below, the State cannot assume any approval marked only as “FHWA” (without an endnote). Any item marked only “FHWA” is reserved for FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved for FHWA by law. 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. 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. PROJECTS ON THE NHS PROJECTS OFF THE NHS PROGRAMMING (All phases) Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1) STATE (1) FINANCIAL MANAGMENT (All phases) 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 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) 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 to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)). FHWA (2) FHWA (2) PRELIMINARY DESIGN (Design Phase) Consultant Contract Selection STATE (3, 4) STATE (3) Sole source Consultant Contract Selection STATE (3, 4) STATE (3) ACTION AGENCY RESPONSIBLE 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 (4) 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)] “Freeway”, as defined by AASHTO Greenbook STATE for non-freeways FHWA for freeways (4,8) STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed by State pursuant to 23 USC 111 (e)) FHWA (4, 8) N/A Airport highway clearance coordination and respective public interest finding (if required) [23 CFR 620.104] STATE (4) 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 (9) N/A Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE (4) STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA (4, 8) FHWA (7) ACTION AGENCY RESPONSIBLE Approve use of publicly owned equipment [23 CFR 635.106] FHWA (4, 8) FHWA (7) Approve the use of proprietary products, xxxxxxxxx [00 XXX 635.411] FHWA (4, 8) STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE (4) FHWA (7) Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate STATE for Non-Interstate (5) 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 (5) STATE Ensure compliant ROW certificate is in xxxxx [00 XXX 635.309(c)] STATE (4) 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, 5) 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 scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate STATE for Non-Interstate (3, 5) STATE (3) ACTION AGENCY RESPONSIBLE 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 Approve Work Zone Significant Project Xxxxxxxxxxxxx [00 XXX 630.1010] STATE STATE Accept Transportation Management Plans [23 CFR 630.1012(b)] STATE (4) STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] FHWA (4, 8) FHWA (7) Xxxxxxx XX&X [00 XXX 630.201] STATE (4) 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 (4) STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE (4) STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE (4) STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE (4) STATE Authorize (approve) advertising for bids (FHWA authorization done via construction authorization) [23 CFR 635.112, 309] STATE (4) 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] FHWA (4, 6, 8) FHWA (6, 7) Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA (4, 8) FHWA (7) Approve construction engineering by local agency [23 CFR 635.105] STATE (4) STATE Approve advertising period less than 3 weeks [23 CFR 635.112] STATE (10) STATE (10) Approve addenda during advertising period [23 CFR 635.112] STATE (4, 6) STATE (6) Concur in award of xxxxxxxx [00 XXX 635.114] STATE (4) STATE Concur in rejection of all xxxx [00 XXX 635.114] STATE (4) STATE Approval of Design-Build Requests-for- Proposals and Xxxxxxx [00 XXX 635.112] STATE (4) STATE Approve changes and extra work [23 CFR 635.120] STATE (4) STATE Approve contract time extensions [23 CFR 635.120] STATE (4) STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] STATE (4) STATE Accept materials certification [23 CFR 637.207] STATE (4) STATE Concur in settlement of contract claims [23 CFR 635.124] STATE (4) STATE Concur in termination of construction contracts [23 CFR 635.125] FHWA (4, 8) FHWA (7) 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 (4) STATE Approval of temporary closures [23CFR658.11] FHWA for Interstate STATE for Non-Interstate 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 (4) STATE 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 STATE Equal Employment Opportunity (EEO) Contract Compliance Review Approval [23 CFR Part 230, Subpart D]. STATE (4) STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE (4) STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA

IMPLEMENTATION AND AMENDMENTS. A. This S&O Agreement is effective will take effect as of the effective date of the signature of the FHWA Washington Oregon Division Administrator’s signature, who shall sign this S&O Agreement last. B. The FHWA Division and WSDOT State DOT 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 WSDOT the State DOT or FHWA; or  Priorities shift as a result of audits, public perception, or changes in staffing at either WSDOT the State DOT or the FHWA Division Office. C. The Division and 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 and E, changes to the Attachments and documents incorporated by reference will not require the Division and 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 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 S&O. Agreement.. (