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. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities. 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. This matrix applies program wide; any revisions 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 in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to 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. PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate Oversight Plans) ACTION AGENCY RESPONSIBLE 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 excluded from FHWA- UDOT CE Assignment MOU FHWA(2) FHWA(2) Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN (Design Phase) 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)] STATE 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 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 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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE RIGHT-OF-WAY (Design and Operational Phases) Make feasibility/practicability determination for allowing authorization of construction prior 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 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 SYSTEM OPERATIONS AND PRESERVATION (Design Phase) Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] STATE STATE PS&E AND ADVERTISING (Design 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 CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law 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] STATE 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 CONSTRUCTION (Construction Phase) Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 CIVIL RIGHTS (All phases) 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 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

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. The following matrix identifies Federalresponsibilities on a program-~~aid highway program (FAHP) project approvals and related responsibilities~~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. ~~This matrix applies program wide; any revisions to project approval assumptions~~ Projects classified as PoDI projects are not covered by ~~the State, as shown in~~ the matrix, as those projects will be ~~handled~~ governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. 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 ~~a project~~ the NHS) or by ~~project basis~~right (off the NHS). ~~When a change in project approval assumptions in determined appropriate for a specific project, the project~~ Projects requiring those actions are PoDI projects because of FHWA’s retained authority. Those projects will be ~~classified as~~ governed by a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by lawseparate PoDI Plan. 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. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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 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 PROJECTS OFF THE NHS 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 ~~excluded from FHWA- UDOT CE Assignment MOU~~ (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) ~~Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE~~ PRELIMINARY DESIGN (Design Phase) 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) STATE STATE 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 PROJECTS XXX XXX XXX [~~23 CFR~~ 00 XXX 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)] STATE 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~~ 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 (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 DETAILED / FINAL DESIGN (Design Phase) Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 FHWA (4) N/A 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 PROJECTS OFF THE NHS USC 109(a) and FHWA Policy] ~~FHWA (4) N/A~~ Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] ~~STATE~~ State (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE RIGHT-OF-WAY (Design and Operational Phases) Make feasibility/practicability determination for allowing authorization of construction prior 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 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 PROJECTS OFF THE NHS 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)~~ NHS 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)~~ NHS 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 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 PROJECTS OFF THE NHS assumed by State~~) FHWA FHWA SYSTEM OPERATIONS AND PRESERVATION (Design Phase) Accept Transportation Management Plans (23 CFR 630.1012(b~~)) STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] STATE STATE PS&E AND ADVERTISING (Design 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 CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law 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] STATE 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 CONSTRUCTION (Construction Phase) Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 CIVIL RIGHTS (All phases) 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 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related ~~responsibilities~~responsibilities on a program-wide basis. The matrix specifies which ~~ones~~ actions are ~~subject to~~ assumed by the State ~~assumption~~ of Tennessee 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. ~~The following matrix identifies Federal~~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. For example, FHWA may identify an ITS project for oversight as a PoDI to approve the Systems Engineering Analysis under its Risk-~~aid highway program~~ Based Stewardship and Oversight Program. In the matrix, actions marked with an asterisk (~~FAHP~~“FHWA*”) ~~project approvals and related responsibilities. The matrix specifies which actions~~ are those that FHWA has retained but that could have been assumed by the ~~State under~~ Tennessee Department of Transportation (TDOT) through FHWA discretion (on the ~~provisions of 23 U.S.C. 106(c~~NHS) or ~~other statutory or regulatory~~ by right (off the NHS). Projects requiring those actions are PoDI projects because of FHWA’s retained authority~~, as well as those which are reserved to FHWA~~. ~~This matrix applies program wide; any revisions to project approval assumptions by the State, as shown in the matrix,~~ Those projects will be ~~handled on~~ governed by a ~~project by project basis~~separate PoDI Plan that specifies FHWA and TDOT responsibilities for the project. When a change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by law. The State DOT TDOT 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. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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 FHWA FHWA action cannot be assumed by State) ~~FHWA FHWA~~ Review and Accept Financial Plan and Annual Updates for Federal FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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 ~~excluded from FHWA- UDOT CE Assignment MOU~~ (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~~) Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN (Design Phase~~) 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 FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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)] STATE 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~~ 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 (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)~~ activities outside the scope of the FHWA- approved TDOT standard operating guidelines, “Pavement Management Program” FHWA FHWA ~~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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges State (4) STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] ~~STATE (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE ~~RIGHT-OF-WAY (Design and Operational Phases)~~ Make feasibility/practicability determination for allowing authorization of construction prior 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 FHWA FHWA Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) ~~FHWA FHWA~~ Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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 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 ~~SYSTEM OPERATIONS AND PRESERVATION (Design Phase)~~ Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS) STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE XXX [00 XXX 940.11] Approve PS&E [23 CFR ~~940.11] STATE STATE PS&E AND ADVERTISING (Design 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~~ bids (FHWA authorization done via construction authorization) [~~00 XXX~~ 23 CFR 635.112, 309] STATE STATE ~~CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law~~ 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] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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~~ 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 ~~CONSTRUCTION (Construction Phase)~~ Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time ~~extensions~~ [23 CFR 635.120] extensions STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 ~~CIVIL RIGHTS (All phases)~~ Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by ~~the State DOT~~ TDOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE 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 STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

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. The following matrix identifies Federalresponsibilities on a program-~~aid highway program (FAHP) project approvals and related responsibilities~~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. ~~This matrix applies program wide; any revisions to project approval assumptions~~ Projects classified as PoDI projects are not covered by ~~the State, as shown in~~ the matrix, as those projects will be ~~handled on~~ governed by a ~~project~~ separate PoDI plan that specifies FHWA and State responsibilities for the project. In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by project basis. When a change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State ~~cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to~~ through FHWA ~~because it is outside~~ discretion (on the ~~scope of 23 U.S.C. 106(c~~NHS) or by right (off the NHS)~~, or otherwise is reserved to 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. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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 category funding ~~category STATE(1~~STATE (1) ~~STATE(1) FINANCIAL MANAGMENT~~ STATE (~~All phases~~1) 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 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 PROJECTS OFF THE NHS 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~~XXX/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) ~~FHWA(2~~FHWA (2) Categorical Exclusion approval actions ~~excluded from FHWA- UDOT CE Assignment MOU FHWA(2~~(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) ~~FHWA(2~~of MAP-21 and 23 CFR 771.117(g)) ~~Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN~~ FHWA (~~Design Phase~~2) FHWA (2) 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 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 PROJECTS OFF THE NHS 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)] ~~STATE~~ FHWA * 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~~ STATE 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 ~~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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). STATE (4) STATE 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 PROJECTS OFF THE NHS [23 USC 109(a) and FHWA Policy] ~~STATE (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE ~~RIGHT-OF-WAY (Design and Operational Phases)~~ Make feasibility/practicability determination for allowing authorization of construction prior 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 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 PROJECTS OFF THE NHS 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 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 Process Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA ~~Functional~~ Concur on functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA ~~SYSTEM OPERATIONS AND PRESERVATION (Design Phase)~~ Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE 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 PROJECTS OFF THE NHS Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] ~~STATE STATE PS&E AND ADVERTISING (Design Xxxxx)~~ 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 ~~CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law~~ 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 STATE STATE 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 PROJECTS OFF THE NHS than 3 weeks [23 CFR 635.112] ~~STATE STATE~~ Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX ~~635.114~~635.114 (b)] ~~STATE STATE Concur in rejection of all xxxx~~ XXXXX XXXXX Xxxxxx xx xxxxxxxxx xx [00 XXX ~~635.114~~635.114 (h)] all bids STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE ~~CONSTRUCTION (Construction Phase)~~ Approve changes and extra work [23 CFR 635.120] STATE STATE Approve major change orders and claims (Over $1 million, 20% of total project costs, work outside project limits, or major changes of scope) [ 23 CFR 635.120(a) & .124] FHWA * STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 ~~CIVIL RIGHTS (All phases)~~ Approval of Disadvantaged Business Enterprise (DBE) STATE STATE 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 PROJECTS OFF THE NHS Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] ~~STATE STATE~~ Acceptance of ~~Bidder~~Xxxxxx’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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:: * FHWA is retaining an action that could have been assumed by the State.

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

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. The following matrix identifies Federalresponsibilities on a program-~~aid highway program (FAHP) project approvals and related responsibilities~~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. ~~This matrix applies program wide; any revisions to project approval assumptions~~ Projects classified as PoDI projects are not covered by ~~the State, as shown in~~ the matrix, as those projects will be ~~handled on~~ governed by a ~~project by project basis. When a change in project approval assumptions in determined appropriate~~ separate PoDI plan that specifies FHWA and State responsibilities for ~~a specific~~ the project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to 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. PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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) STATE(1) FINANCIAL MANAGMENT (All phases) Obligate funds/approve Federal- aid project ~~agreement, modifications,~~ 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~~byState) 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 PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Review Cost Estimates ~~for Federal~~ forFederal 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~~XXX/ROD, ~~4(f), 106~~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) ~~FHWA(2~~FHWA (2) Categorical Exclusion approval actions ~~excluded from FHWA- UDOT CE Assignment MOU FHWA(2~~(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) ~~FHWA(2~~of MAP-21 and 23 CFR 771.117(g)) ~~Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE~~ FHWA (2) FHWA (2) PRELIMINARY DESIGN (Design Phase) 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 PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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)] ~~STATE~~ FHWA for Interstate State for Non-Interstate 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~~ byState pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if ~~required) [23~~ 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)~~ activities outside the scope of the preventive maintenance agreement (Note: this action cannot be assumed by State) ); FHWA FHWA 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 (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Provide approval of preliminary plans for unusual/complex bridges or ~~structures (~~structures, non-Interstate). [23 USC 109(a) and FHWA Policy] ~~STATE~~ FHWA (4) STATE Approve retaining right-of-way ~~encroachments [23~~ encroachments[23 CFR 1.23 (b) & (c)] ~~STATE~~ FHWA STATE Approve use of local force account agreements [23 CFR 635.104 & 204] ~~STATE~~ FHWA STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, ~~processes [23~~ processes[23 CFR 635.411] ~~STATE~~ FHWA STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE RIGHT-OF-WAY (Design and Operational Phases) Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] ~~STATE~~ FHWA for Interstate State for Non-Interstate 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~~ State for Non-Interstate STATE Ensure compliant ROW certificate is in ~~xxxxx~~ place [~~00 XXX~~ 23 CFR 635.309(c)] ~~STATE~~ FHWA for Interstate State for Non-Interstate STATE Approve Hardship and Protective ~~Xxxxxx~~ Buying [~~00 XXX~~ 23 CFR 710.503] (If ~~a Federal~~aFederal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Interest Use Agreements [23 CFR 710.405] (Note: this action ~~cannot be~~ cannotbe assumed by State) ~~FHWA N/A~~ Approve non-highway use and ~~xxxxxxxxx~~ occupancy [~~00 XXX~~ 23 CFR 1.23(c)] FHWA for Interstate ~~STATE~~ 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 scope of property-related oversight and approvals for all actions except those on the Interstate System)~~ FHWA for Interstate ~~STATE~~ 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 SYSTEM OPERATIONS AND PRESERVATION (Design Phase) Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ~~ITS) [23~~ ITS)[23 CFR 940.11] ~~STATE~~ FHWA STATE PS&E AND ADVERTISING (Design ~~Xxxxx~~Phase) ~~Xxxxxxx XX&X~~ PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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~~ work[23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad ~~agreements [23~~ 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~~ insurancelimits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for ~~xxxx~~ bids [~~00 XXX~~ 23 CFR 635.112, 309] STATE STATE CONTRACT ADVERTISEMENT AND AWARD (Design ~~Phase) All~~ Phase)All contracts to be done by competitive bidding unless otherwise authorized by law 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~~ FHWA STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] ~~STATE~~ FHWA STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] ~~STATE~~ FHWA STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Concur in award of ~~xxxxxxxx~~ contract [~~00 XXX~~ 23 CFR 635.114] STATE STATE Concur in rejection of all ~~xxxx~~ bids [~~00 XXX~~ 23 CFR 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and ~~Xxxxxxx~~ Addenda [~~00 XXX~~ 23 CFR 635.112] STATE STATE CONSTRUCTION (Construction Phase) Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal ~~sites [23~~ sites[23 CFR 635.407] 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~~ 23CFR 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 CIVIL RIGHTS (All phases) 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 STATE PROJECT ACTION RESPONSIBILITY MATRIX (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Acceptance of ~~Bidder~~Xxxxxx’s ~~Good Faith~~ GoodFaith Efforts to Meet Contract ~~Xxxx~~ Goal [~~00 XXX~~ 49 CFR 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~~26.53(g)](Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 ~~XXX Xxxx 000~~CFR Part 230, ~~Xxxxxxx X~~Subpart D]). ~~XXXXX XXXXX~~ 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: mydocs.dot.ga.gov

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. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilitiesresponsibilities 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. ~~This matrix applies program wide; any revisions to project approval assumptions by the State~~The WVFHWA, ~~as shown~~ in ~~the matrix~~consultation with WVDOH, will ~~be handled~~ determine projects for higher level of WVFHWA involvement based on a project by project basis. When a change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to applicable FHWA ~~because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by law~~guidance. The ~~State DOT~~ WVDOH 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. PROJECT ACTION RESPONSIBILITY MATRIX ~~(Excluding PoDIs, which are subject to separate Oversight Plans)~~ ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS ~~PROGRAMMING (All phases)~~ Ensure project in Statewide Transportation Improvement Program (~~STIP)/Transportation~~ STIP)/ Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category ~~STATE(1~~STATE (1) ~~STATE(1) FINANCIAL MANAGMENT~~ STATE (~~All phases~~1) 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) ~~FHWA(2~~FHWA (2) Categorical Exclusion approval actions ~~excluded from FHWA- UDOT CE Assignment MOU FHWA(2~~(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) ~~FHWA(2~~of MAP-21 and 23 CFR 771.117(g))) ~~Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN~~ FHWA (~~Design Phase~~2) FHWA (2) PROJECT ACTION RESPONSIBILITY MATRIX ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection ~~STATE (3~~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)] STATE 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~~ 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 (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 ~~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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (4) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE ~~RIGHT-OF-WAY (Design and Operational Phases)~~ Make feasibility/practicability determination for allowing authorization of construction prior 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~~ 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~~ Interstate; STATE for ~~Non-Interstate (3~~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-~~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~~ Interstate; STATE for ~~Non-Interstate (3~~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 PROJECT ACTION RESPONSIBILITY MATRIX ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA ~~SYSTEM OPERATIONS AND PRESERVATION (Design Phase)~~ Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] ~~STATE STATE PS&E AND ADVERTISING (Design Xxxxx)~~ 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 ~~CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law~~ 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] STATE 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 ~~CONSTRUCTION (Construction Phase)~~ Approve changes and extra work [23 CFR 635.120] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory ~~borrow/~~borrow/ disposal sites [23 CFR 635.407] 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 ~~CIVIL RIGHTS (All phases)~~ Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the ~~State DOT~~ WVDOH under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related ~~responsibilities~~responsibilities on a program-wide basis. The matrix specifies which ~~ones~~ actions are ~~subject to~~ assumed by the State ~~assumption~~ of Tennessee 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. ~~The following matrix identifies Federal~~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. For example, FHWA may identify an ITS project for oversight as a PoDI to approve the Systems Engineering Analysis under its Risk-~~aid highway program~~ Based Stewardship and Oversight Program. In the matrix, actions marked with an asterisk (~~FAHP~~“FHWA*”) ~~project approvals and related responsibilities. The matrix specifies which actions~~ are those that FHWA has retained but that could have been assumed by the ~~State under~~ Tennessee Department of Transportation (TDOT) through FHWA discretion (on the ~~provisions of 23 U.S.C. 106(c~~NHS) or ~~other statutory or regulatory~~ by right (off the NHS). Projects requiring those actions are PoDI projects because of FHWA’s retained authority~~, as well as those which are reserved to FHWA~~. ~~This matrix applies program wide; any revisions to project approval assumptions by the State, as shown in the matrix,~~ Those projects will be ~~handled on~~ governed by a ~~project by project basis~~separate PoDI Plan that specifies FHWA and TDOT responsibilities for the project. When a change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by law. The State DOT TDOT 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. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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~~ bill (Note: this FHWA FHWA action cannot be assumed by State) ~~FHWA FHWA~~ Review and Accept Financial Plan and Annual Updates for Federal FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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~~XXX/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 ~~excluded from FHWA- UDOT CE Assignment MOU~~ (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~~) Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN (Design Phase~~) 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 FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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)] STATE 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~~ 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 (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)~~ activities outside the scope of the FHWA- approved TDOT standard operating guidelines, “Pavement Management Program” FHWA FHWA ~~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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges State (4) STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] ~~STATE (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE ~~RIGHT-OF-WAY (Design and Operational Phases)~~ Make feasibility/practicability determination for allowing authorization of construction prior 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 FHWA FHWA Xxxxxx [00 XXX 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) ~~FHWA FHWA~~ Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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 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 ~~SYSTEM OPERATIONS AND PRESERVATION (Design Phase)~~ Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS) STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE XXX [00 XXX 940.11] Approve PS&E [23 CFR ~~940.11] STATE STATE PS&E AND ADVERTISING (Design 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~~ bids (FHWA authorization done via construction authorization) [~~00 XXX~~ 23 CFR 635.112, 309] STATE STATE ~~CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law~~ 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] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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~~ 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 ~~CONSTRUCTION (Construction Phase)~~ Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time ~~extensions~~ [23 CFR 635.120] extensions STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 ~~CIVIL RIGHTS (All phases)~~ Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by ~~the State DOT~~ TDOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE Acceptance of ~~Bidder~~Xxxxxx’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 STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, (Excluding PoDIs, which are subject to separate PoDI Plans) 2015) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

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. The following matrix identifies Federalresponsibilities on a program-~~aid highway program (FAHP) project approvals and related responsibilities~~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. ~~This matrix applies program wide; any revisions to project approval assumptions~~ Projects classified as PoDI projects are not covered by ~~the State, as shown in~~ the matrix, as those projects will be ~~handled on~~ governed by a ~~project~~ separate PoDI plan that specifies FHWA and State responsibilities for the project. In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by project basis. When a change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State ~~cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to~~ through FHWA ~~because it is outside~~ discretion (on the ~~scope of 23 U.S.C. 106(c~~NHS) or by right (off the NHS)~~, or otherwise is reserved to 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. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate ~~Oversight~~ PoDI Plans) ACTION AGENCY RESPONSIBLE 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 category funding ~~category STATE(1~~STATE (1) ~~STATE(1) FINANCIAL MANAGMENT~~ STATE (~~All phases~~1) 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 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 PROJECTS OFF THE NHS 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) ~~FHWA(2~~FHWA (2) Categorical Exclusion approval actions ~~excluded from FHWA- UDOT CE Assignment MOU FHWA(2~~(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) ~~FHWA(2~~of MAP-21 and 23 CFR 771.117(g)) ~~Categorical Exclusion approval actions included in the FHWA- UDOT CE Assignment MOU STATE STATE PRELIMINARY DESIGN~~ FHWA (~~Design Phase~~2) FHWA (2) 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 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 PROJECTS OFF THE NHS 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)] ~~STATE~~ FHWA * 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~~ STATE 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 ~~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 (4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). STATE (4) STATE 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 PROJECTS OFF THE NHS [23 USC 109(a) and FHWA Policy] ~~STATE (4) 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, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE ~~RIGHT-OF-WAY (Design and Operational Phases)~~ Make feasibility/practicability determination for allowing authorization of construction prior 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 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 PROJECTS OFF THE NHS 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 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 Process Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA ~~Functional~~ Concur on functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA ~~SYSTEM OPERATIONS AND PRESERVATION (Design Phase)~~ Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE 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 PROJECTS OFF THE NHS Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] ~~STATE STATE PS&E AND ADVERTISING (Design Xxxxx)~~ 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 ~~CONTRACT ADVERTISEMENT AND AWARD (Design Phase) All contracts to be done by competitive bidding unless otherwise authorized by law~~ 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 STATE STATE 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 PROJECTS OFF THE NHS than 3 weeks [23 CFR 635.112] ~~STATE STATE~~ Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of xxxxxxxx [00 XXX ~~635.114~~635.114 (b)] ~~STATE STATE Concur in rejection of all xxxx~~ XXXXX XXXXX Xxxxxx xx xxxxxxxxx xx [00 XXX ~~635.114~~635.114 (h)] all bids STATE STATE Approval of Design-Build Requests-for-Proposals and Xxxxxxx [00 XXX 635.112] STATE STATE ~~CONSTRUCTION (Construction Phase)~~ Approve changes and extra work [23 CFR 635.120] STATE STATE Approve major change orders and claims (Over $1 million, 20% of total project costs, work outside project limits, or major changes of scope) [ 23 CFR 635.120(a) & .124] FHWA * STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] 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 ~~CIVIL RIGHTS (All phases)~~ Approval of Disadvantaged Business Enterprise (DBE) STATE STATE 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 PROJECTS OFF THE NHS Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] ~~STATE 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 [23 XXX Xxxx 000, Xxxxxxx X]). 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 – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:: * FHWA is retaining an action that could have been assumed by the State.

Appears in 1 contract

Samples: Stewardship and Oversight Agreement

Common use of PROJECT ACTION RESPONSIBILITY MATRIX Clause in Contracts