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Stewardship and Oversight Agreement

Federal Highway Administration
DelMar Division, Delaware Office & Delaware Department of Transportation

June 13, 2007

Table of Contents

Forward to the Stewardship Agreement

A joint FHWA/DelDOT multi disciplinary team was instrumental in developing this Stewardship Agreement. The Team worked diligently to review legislation, identify process improvements, and develop a consensus Agreement. This Agreement accomplishes a major goal of our respective agencies, in partnership, to further improve the program and project delivery in the State of Delaware. The responsibilities and accountabilities are outlined in many of the tables to clarify expectations.

The Agreement is conceived as a living document that could be modified at the request of either FHWA or DelDOT.

Agreement

DelDOT and FHWA enter into this Agreement for administering the Federal-aid Highway Program in accordance with this Stewardship and Oversight Agreement. The Agreement has been jointly agreed upon to fulfill the Federal program requirements.

The Agreement outlines responsibilities and accountability for DelDOT and FHWA. The purpose of the Agreement is to clarify actions, prevent misinterpretations, and avoid time delays. The Agreement is intended to be a living document that can be modified when needed to incorporate additional legislation, additional processes, or other changes to improve program and project delivery in the State of Delaware. DelDOT and FHWA agree to use a broad set of performance and compliance indicators, as identified in Section 3 of the Agreement, to track performance trends and to implement countermeasures/actions when the data is not moving in the desired target direction. Performance and compliance indicators will be reported to the FHWA Division Office on the times specified in the Agreement. DelDOT and the FHWA Division Office will work together to compile the information and develop these reports.

At a minimum, the Agreement will be reviewed annually by DelDOT and the FHWA Division Office on or around the second week of November.

The Delaware Department of Transportation Secretary or the Division Administrator of the FHWA DelMar Division, Delaware Office may initiate amendments to the Agreement should essential modifications become apparent to either party.

Original Signed6-13-07 Original Signed6-13-07
--------------------------------------------------------------------------------------------------------------------
Carolann WicksDateHassan RazaDate
Secretary,
Delaware Department of Transportation
Division Administrator,
FHWA, DelMar Division, Delaware Office

ACRONYMS

2R
Resurfacing and Restoration
3R
Resurfacing, Restoration, and Rehabilitation
4R
Resurfacing, Restoration, Rehabilitation and Reconstruction
AASHTO
American Association of State Highway and Transportation Officials
ADA
Americans with Disabilities Act
CEI
Construction Engineering and Inspection
CEQ
Council on Environmental Quality
CFR
Code of Federal Regulations
CMAQ
Congestion Mitigation and Air Quality
CPI
Continuous Process Improvement
DBE
Disadvantaged Business Enterprise
DBE/SS
Disadvantaged Business Enterprise Supportive Services
DDETFP
Dwight David Eisenhower Transportation Fellowship Program
DelDOT
Delaware Department of Transportation
EA
Environmental Assessment
EEO
Equal Employment Opportunity
EIS
Environmental Impact Statement
FHWA
Federal Highway Administration
FIRE
Financial Integrity Review and Evaluation
FMCSA
Federal Motor Carrier Safety Administration
FONSI
Finding of No Significant Impact
FTA
Federal Transit Administration
HPR
Highway Planning and Research
HPMS
Highway Performance Monitoring System
HSIP
Highway Safety Improvement Program
HSP
Highway Safety Program
ISTEA
Intermodal Surface Transportation Efficiency Act
IM
Interstate Maintenance
ITS
Intelligent Transportation Systems
LEP
Limited English Proficiency
LPA
Local Public Agency
MIHE
Minority Institutions of Higher Education
MPO
Metropolitan Planning Organization
NBIS
National Bridge Inspection Standards
NEPA
National Environmental Policy Act
NHS
National Highway System
NHSD
National Highway System Designation Act of 1995
NHTSA
National Highway Traffic Safety Administration
NSTI
National Summer Transportation Institute
OJT
On the Job Training
OJT/SS
On the Job Training Supportive Services
PD
Project Development
PE
Preliminary Engineering
PR/PE
Process Review/Program Evaluation
PS&E
Plans, Specifications, and Estimate
ROD
Record of Decision
R/W
Right-of-Way
SAFETEA-LU
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
SHSP
Strategic Highway Safety Plan
SOP
Standard Operating Procedure
SRTS
Safe Route to School
STIP
State Transportation Improvement Program
STP
Surface Transportation Program
TEA-21
Transportation Equity Act for the 21st Century
TIP
Transportation Improvement Program
TRAC
AASHTO/Transportation and Civil Engineering
USC
United States Code
UYC
Urban Youth Corps

Section 1 – INTRODUCTION

1.1 Purpose, Authority and Scope

Pursuant to 23 U.S.C. 106 (c), the Delaware Department of Transportation (DelDOT) and the Federal Highway Administration (FHWA) DelMar Division, Delaware Office agree to follow the procedures set forth in this Stewardship and Oversight Agreement (Agreement) to carry out their respective stewardship/oversight responsibilities in the delivery of Federal-aid Programs and Projects. This Agreement supersedes all past agreements and plans, including the Stewardship Plan signed April 14, 2004 and shall become effective on the date listed below and remain in effect until superseded.

The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, the Transportation Equity Act for the 21st Century (TEA-21) of 1998, and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005 provided flexibility to the States in how to ensure project actions are carried out in accordance with applicable laws, regulations, and policies. TEA-21, Section 1305 (a) requires that FHWA and the State enter into an agreement showing the extent of the State's assumption of the Transportation Secretary's responsibilities. ISTEA and TEA-21 altered FHWA's role from full project oversight and approval of every project or activity funded with FHWA funds to program oversight and some targeted project level approval. The program and project assumptions made possible under Section 1016 of ISTEA and Section 1305 of TEA-21 require that DelDOT accept these assumed responsibilities and provide greater program accountability due to lesser Federal involvement. With the passage of SAFETEA-LU, the overall program has evolved requiring a more comprehensive agreement that covers all aspects of the Federal-aid Highway Program that provides a road map to effectively and efficiently execute the Federal-aid program relating to programs/project delivery to include financial integrity.

By signing this Agreement, DelDOT and FHWA agree to adhere to the provisions and responsibilities included herein. DelDOT and FHWA further agree to carry out their responsibilities in a true spirit of cooperation. Prior to the beginning of each Federal Fiscal Year, FHWA will collaborate with DelDOT in the development of FHWA's annual performance plan. FHWA will accomplish its stewardship and oversight responsibilities by implementation of the annual performance plan in conjunction with this Agreement.

DelDOT agrees that where it assumes FHWA's Title 23 oversight role and approval responsibilities, it is responsible for ensuring that projects are developed and constructed in full compliance with current approved specifications, standards, manuals, and Federal codes. DelDOT will ensure that necessary corrective action is taken when actions and approvals are found to be in non-compliance with these requirements. FHWA is available for consultation in such matters or may unilaterally become involved in determining corrective action.

DelDOT further understands that nothing contained herein shall relieve it from ultimate accountability for compliance with Federal laws and regulations with respect to the expenditure of Federal-aid highway funds in the State of Delaware, including those funds passed through to local governments. This Agreement does not preclude FHWA access to and review of Federal-aid projects at any time, and does not replace the provisions of Title 23 United States Code (U.S.C.).

This Agreement serves as a continuing plan of project and program stewardship and oversight responsibilities for FHWA and DelDOT covering the Federal-aid Program including the following functional areas:

  • Planning
  • Environment
  • Design
  • Construction
  • Financial Management
  • Bridge
  • Safety and Traffic
  • Civil Rights
  • Right-of-Way
  • Intelligent Transportation System (ITS)
  • Materials Quality Assurance
  • Pavement Design & Materials Quality
  • Maintenance
  • Research & Technology Transfer

Project Performance
In general, FHWA will use Process Review/Product Evaluation (PR/PE) techniques to assess the capability and capacity of DelDOT in those areas where DelDOT has assumed FHWA's responsibilities. FHWA will also use these techniques to monitor and evaluate DelDOT's fulfillment of the responsibilities outlined in this Agreement. In cases where project level activity is still an integral part of FHWA's stewardship and oversight efforts, early involvement in project decisions combined with an assessment of the quality of the products produced during the project development process will be the primary focus.

Program Performance
As specified above, this Agreement includes stewardship responsibilities for various programs/functional areas with identified actions by each agency. FHWA will use Performance/Compliance Indicators as defined later in this Agreement to monitor and evaluate program performance and effectiveness. This Agreement incorporates the concept of Mutual Service Standards that include agreed upon formats, procedures and targeted timeframes for DelDOT and FHWA actions, including submissions, comments, and approvals. This Agreement also takes into account DelDOT and FHWA resources and capabilities, and the Federal requirements where FHWA has a mandated role in the oversight process. This Agreement forms the principal basis for monitoring and evaluating the quality of DelDOT's Federal-aid program, and the continued disbursement of Federal funds based upon DelDOT policies, practices, and staffing resources.

Non-transferable Title 23 Requirements
While DelDOT can assume the responsibility for FHWA in many Title 23 U.S.C. actions, some Title 23 U.S.C. requirements remain FHWA responsibilities. These program elements include, but are not limited to:

  • All Federal responsibilities for planning and programming oversight specified in 23 USC 134 and 135.
  • Waivers to Buy America requirements.
  • Environmental approvals.
  • Civil Rights program approvals.
  • Special Experimental Project (SEP) methods (FHWA HQ approval required for experimental contracting/project delivery methods)
  • Federal air quality conformity determinations required by the Clean Air Act.
  • Obligation of funds.
  • Addition/modification of access points on the Interstate System.
  • Use of Interstate airspace for non-highway-related purposes.
  • Hardship acquisition and protective buying.
  • Modifications to project agreements.
  • Final vouchers.

FHWA will annually perform risk assessments of various program areas for the purpose of prioritizing its program level oversight activities for the coming year. The objective of these risk assessments is to focus the limited resources of the FHWA Division Office on those activities that represent the greatest risk to FHWA in fulfilling its stewardship responsibilities. A portion of the risk assessments will involve an evaluation of DelDOT's internal controls, operating procedures, and staffing. By this process, it is expected that the greatest possible confidence level will be achieved for the resources committed. DelDOT will be invited to participate in these risk assessments; however, FHWA will make all final determinations of risk categories. Both agencies will work together to develop a mitigation plan for identified risk statements.

1.2 Definitions

For the purposes of this Agreement, the following definitions apply:

Advanced Construction (A/C) – A technique which allows a State to initiate a project using non-federal funds while preserving eligibility for future Federal-aid funds. Eligibility means that FHWA has determined that the project technically qualifies for Federal-aid; however, no present or future Federal funds are committed to the project. After an advance construction project is authorized, the State may convert the project to regular Federal-aid funding provided Federal funds are made available for the project. This can be accomplished as one action, or the project may be partially converted over time.

Control Document – Applicable standards, policies, and standard specifications that are acceptable to FHWA for application in the geometric and structural design of highways.

Construction Cost – The cost of a specific project based on the engineer's estimate amount. The construction cost does not include: construction engineering and inspection, preliminary engineering, right-of-way, and utility adjustments.

Core Functions – Activities that make up the main elements of FHWA's Federal-aid oversight responsibilities based on regulations and national policies. Core functions in FHWA Division Offices are Planning, Environment, Right-of-Way, Design, Construction, Finance, Operations, System Preservation, Safety, and Civil Rights.

Force Account – The direct performance of highway construction work by a State transportation department, a county, a railroad, or a public utility company by use of labor, equipment, materials, and supplies furnished by them and used under their direct control. 23 CFR 635.203(c)

Full Oversight Projects (Non-Exempt Projects) – Projects that require FHWA to review and approve actions pertaining to design, plans, specifications, estimates, right-of-way certification statements, contract awards, inspections, and final acceptance of Federal-aid projects on a project by project basis.

Functional Replacement – When publicly owned real property, including land and/or facilities, is to be acquired for a Federal-aid highway project, in lieu of paying the fair market value for the real property, the State may provide compensation by functionally replacing the publicly owned real property with another facility which will provide equivalent utility.

Major Projects – Projects with an estimated total cost greater than $500 million, or projects approaching $500 million with a high level of interest by the public, Congress, or the Administration.

Mutual Service Standards – These standards as agreed upon by both parties, identify quality and timeliness expectations and cover services and products involving program delivery. These standards go into better detail on the level of coordination between FHWA and the state DOT than this Stewardship and Oversight Agreement.

New Construction – Projects on new alignment or major reconstruction projects on existing alignment where significant horizontal and vertical changes are included in the scope of work and funded.

Oversight – The act of ensuring that the Federal-aid Highway Program is delivered consistent with laws, regulations and policies.

Performance/Compliance Indicators – These indicators track performance trends, health of the Federal-aid Highway Program, and compliance with Federal requirements.

Preventive Maintenance – The lowest level of 2R work. In general, any work that 1) prevents the intrusion of water into the pavement or pavement base (crack or joint sealing, under drains, restoration of drainage systems); 2) prevents deterioration of bridges including painting, scour protection, deck repair, deck drain cleaning, and seismic retrofit; 3) restores pavement rideability by profiling, milling, overlaying, or replacing a portion of the pavement structure.

Process Review/Product Evaluation (PR/PE) – A comprehensive review of DelDOT's procedures and controls.

Reconstruction – Typical reconstruction means the demolition and full depth replacement of the pavement structure, rubblization or crack-and-seal of existing pavement combined with full depth overlay, removal and replacement of any significant part of the substructure or the superstructure, and total replacement of highway signs, highway lighting, or drainage systems.

Risk Management – The systematic identification, assessment, planning, and management of threats and opportunities faced by FHWA projects and programs.

State Administered Projects (Exempt Projects) – Projects that do not require FHWA to review and approve actions pertaining to design, plans, specifications, estimates, right-of-way certification statements, contract awards, inspections, and final acceptance of Federal-aid projects on a project by project basis.

Stewardship – The efficient and effective management of the public funds that have been entrusted to FHWA.

2R Project (DE specific term) – A project intended to extend the service life of existing highways, bridges, and related appurtenances and/or restore safe, efficient travel on an existing facility. 2R (resurfacing and rehabilitation) work includes the placement of additional surface material and other work necessary to return an existing roadway to a condition of structural or functional adequacy. 2R projects are typically constructed within existing right-of-way, or require only minor acquisitions necessary to enhance safety.

3R Project – A project intended to extend the service life of existing highways, bridges, and related appurtenances; and/or restore safe, efficient travel on an existing facility. 3R (resurfacing, rehabilitation, and restoration) work includes the placement of additional surface material and other work necessary to return an existing roadway to a condition of structural or functional adequacy. This may include improving geometric features such as flattening curves, improving sight distance and minor roadway and/or shoulder widening. 3R projects are typically constructed within existing right-of-way, or require only minor acquisitions necessary to enhance safety.

4R Project – A project that goes beyond extending the service life of existing highways, bridges, and related appurtenances. This project type includes reconstruction and all necessary upgrades to improve operations and restore safe, efficient travel on an existing facility. 4R (resurfacing, rehabilitation, restoration and reconstruction) work includes improving geometric features such as flattening curves, improving sight distance and roadway and/or shoulder widening if necessary. 4R projects may require additional right-of-way to enhance operations and safety.

1.3 Delegation of Authority to Local Agencies

DelDOT may, pursuant to 23 CFR 1.11 and 635.105, delegate certain Federal-aid project authorities to a well-qualified and suitably equipped local public agency (LPA). DelDOT is responsible for ensuring that appropriate procedures and guidelines are in place to facilitate the compliance of local public agency administered Federal-aid projects. FHWA will review and approve these practices and procedures for Federal-aid projects.

DelDOT will determine if the local agency is well qualified and adequately staffed to administer projects before delegation of any activities. DelDOT will review the local agency's ability to administer Federal-aid projects or specific activities on a case-by-case basis, and the extent of delegation will be dependent on their current staffing level and experience, and past performance. An Agency Agreement will be executed between DelDOT and the local agency to outline the responsibilities of both DelDOT and the local agency. The agreement will require FHWA concurrence.

DelDOT retains responsibility under Federal law and regulations for all delegated activities. DelDOT will have written procedures established for the local agency that provide the necessary processes, approvals, oversight and review that ensures the delegated projects receive adequate supervision and inspection, and are completed in conformance with approved plans and specifications and applicable Federal requirements. While DelDOT will offer any training, advice, or other assistance as may be needed by a local agency to aid it in successfully completing its Federal-aid project, it is understood that the project is controlled by the local agency. As such, if the local agency is not following prescribed requirements, DelDOT's recourse would be to remove Federal-aid funds from the project.

Prior to the initiation of any LPA roadway project, DelDOT, FHWA, and the Local Agency performing the work will meet to determine the level of oversight that will be required.

Section 2 – STEWARDSHIP AND OVERSIGHT OF FEDERAL-AID PROJECTS

2.1 FHWA Responsibilities

FHWA is ultimately accountable for all Federal-aid highway projects. FHWA will fulfill its stewardship role at a project level as follows:

  • Full Oversight Projects – Projects meeting certain criteria (see table below) will be subject to full FHWA oversight unless FHWA determines otherwise. The DelDOT Chief Engineer and FHWA Assistant Division Administrator will meet by August 31st of each year to review and identify all full oversight projects. This list of full oversight projects will be added to this Stewardship Agreement as an attachment. Changes to this list will not have to be approved by the Delaware Secretary of Transportation nor the FHWA DelMar Division, Delaware Office Administrator. Therefore this Agreement will not have to be revised if changes are made to the list of full oversight projects:
Route Type or Work Minimum Estimated Cost (Million)
Interstate New Construction/Reconstruction $1
NHS (Non-Interstate) New Construction/Reconstruction $5

FHWA reserves the right to make any Federal-aid highway project subject to full oversight or state administered. In making this determination, FHWA will consider factors such as: location of the project, congressional interest, unique contract procedures such as Design/Build projects, innovative financing, construction of unusual bridges or structures, or projects of national significance. Other FHWA Programs that may be full oversight include, but are not limited to: CMAQ, SPR, LTAP and Bridge. FHWA will retain full oversight on all ITS projects.

  • Involvement on Other Projects – FHWA may become involved with any Federal-aid project, including those for which DelDOT has assumed oversight responsibility. FHWA oversight of State administered projects will be through program level activities, such as Process Review/Program Evaluation (PR/PE), attendance at Task Force meetings, etc. Additionally, DelDOT may request FHWA involvement. The extent of FHWA involvement will be defined by DelDOT's request. FHWA will provide engineering support for project development activities and technical assistance on major unique and/or unusual structures and on non-Federally funded Interstate reconstruction projects. FHWA will also provide engineering support for project development and/or construction activities on other projects when requested by DelDOT.

  • Technical Assistance – FHWA is prepared to provide technical assistance to DelDOT or local agencies on any aspect of an eligible Title 23 project including intermodal transportation projects. Technical assistance activities will be decided on a case-by-case basis in consultation with DelDOT, other partners, and FHWA. FHWA will continue to focus their time and effort on improving processes and procedures, in cooperation with DelDOT.

  • Non-Title 23 Responsibility – FHWA will continue to be responsible for the oversight of applicable non-Title 23 requirements. Such oversight will be conducted through a combination of both project and program level activities. Applicable non-Title 23 requirements include, but are not limited to:

    • National Environmental Policy Act (NEPA) of 1969
    • Section 4 (f) of the DOT Act of 1966
    • Civil Rights Act of 1964
    • Uniform Relocation Assistance and Real Properties
    • Acquisition Policies Act of 1970
    • Disadvantaged Business Enterprise Program (DBE)
    • Clean Air Act Amendments of 1990

FHWA will manage and provide oversight of DelDOT's Federal-aid programs in various ways. The methods used will be:

  • Routine day-to-day program actions and other interaction.
  • FHWA participation on DelDOT task forces, teams, implementation committees, reviews, attendance at DelDOT meetings, etc.
  • PR/PE reviews activities on program areas as needed and determined in accordance with the FHWA's risk assessment process and/or other high importance program areas. PR/PE reviews activities will be utilized as one of the primary methods of program oversight. PR/PE reviews comprise the process of comprehensively reviewing and evaluating State and or local agency policies, procedures, practices and controls for the development and implementation of Federal-aid projects and programs. Annual PR/PE's program will be jointly developed in accordance with the current Process Review/Product Evaluation Guidelines which will be included in the FHWA Division Office's annual performance plan.
  • FHWA's Financial Integrity Review and Evaluation (FIRE) Program to assess the financial aspects of programs and projects.

To aid DelDOT in meeting all of the Federal requirements in this Agreement, a meeting will be held within two months of the signing of this Agreement between the appropriate DelDOT and the FHWA Division Office representatives to ensure the most current forms specified in the Agreement are being used forreporting. FHWA will provide any forms determined to be non-current within 15 days of this meeting. FHWA will also provide DelDOT with any new or updated forms when they become available.

2.2 DelDOT Responsibilities

DelDOT hereby advises FHWA that it wishes to assume project oversight responsibilities in accordance with the following:

  • Interstate Projects – DelDOT assumes oversight responsibility for the right-of-way approval, utility approval, railroad approval and related activities, design approval, plans, specifications, estimates, contract award, and inspection of the following projects on the Interstate System designated as State Administered projects by FHWA: (1) all 2R and 3R projects and (2) all reconstruction/new construction projects with an estimated construction cost of less than $1 million. All Interstate projects must comply with all Title 23 U.S.C. and non-Title 23 U.S.C. requirements.

  • Other NHS Projects (not on the Interstate System) – DelDOT assumes oversight responsibility for the right-of-way approval, utility approval, railroad approval and related activities, design approval, design exceptions, plans, specifications, estimates, contract award, and inspection for the non-Interstate NHS projects (2R, 3R, reconstruction and new construction) designated as State Administered projects by FHWA with an estimated construction cost of less than $5 million. All NHS projects must comply with all Title 23 U.S.C. and non-Title 23 U.S.C. requirements.

  • Non-NHS Projects – DelDOT assumes oversight responsibility for the right-of-way approval, utility approval, railroad approval and related activities, design approval, design exceptions, plans, specifications, estimates, contract award, and inspection of projects not on the NHS. Non-NHS projects are required to be designed, constructed, operated, and maintained in accordance with State law, regulations, directives, safety standards, design standards, and construction standards, in lieu of many Title 23 U.S.C. requirements. Title 23 U.S.C. requirements that are applicable to all Federal-aid projects include, but are not limited to, transportation planning, procurement of professional services, Davis-Bacon wage rates, advertising for bids, award of contracts, use of convict produced materials, Buy America Act provisions and other requirements. All non-NHS projects must also comply with all non-Title 23 U.S.C. requirements.

  • Local Agency Projects – In the event that DelDOT wishes to allow a local agency to administer a Federal-aid project, DelDOT is responsible for assuring compliance with all applicable Federal and State requirements. DelDOT is not relieved of this responsibility even though the project may be delegated to the local agency. In accordance with 23 CFR 1.11 and 635.105, DelDOT is responsible for ensuring that the local agency is qualified and equipped to administer the project and has processes in place to ensure compliance with Federal requirements.

For those projects that DelDOT has agreed to assume oversight responsibility, DelDOT will follow all applicable FHWA policies, regulations, Title 23, and non-Title 23 requirements as if FHWA were involved.

Section 3 – STEWARDSHIP ROLES AND RESPONSIBILITIES FOR SPECIFIC FUNCTIONAL PROGRAM AREAS

3.1 Planning Program

Background

States are required to conduct continuing, comprehensive and collaborative planning processes that facilitate the effective and efficient movement of goods and people in all areas of the States including the metropolitan and local areas. FHWA's role includes policy and program guidance as well as information and advice on FHWA, State, Regional, and Local transportation planning and program matters in Delaware.

The planning program is divided into five main categories: statewide; urban; highway information; air quality, and miscellaneous. The statewide and urban planning activities are performed jointly with the Federal Transit Administration (FTA). The statutory and regulatory references for the statewide and metropolitan functions are 23 U.S.C. 134, 23 U.S.C. 135, 49 U.S.C. 5303-5305, 23 CFR Part 450 (Subparts B and C), and 49 CFR Part 613 (Subparts B and C)

Operating Procedures

FHWA provides technical expertise and assistance through participation in committees and teams set up by DelDOT and the MPOs that address planning topic areas including: (1) Long Range Transportation Plans; (2) Statewide and Metropolitan areas Transportation Improvement Programs; (3) Unified Planning Work Programs; (4) Congestion Management, (5) Air Quality Conformity Determination, and (6) Data Collection and Reporting.

Program Oversight

In all program areas FHWA and FTA will work with the State, MPOs, and Local agencies to review, approve, and comment on planning programs to ensure consistency with Federal laws and regulations. In addition, FHWA will provide the State and the MPOs with examples of best practices to enhance their planning products such as Long Range Transportation Plans, Transportation Improvement Programs, and Unified Planning Work Programs.

The following Table provides background information on the authority, action, and frequency for a variety of recurring planning-related activities in the five core areas.

Planning Program Summary Table
  Activity DelDOT/MPO Action FHWA Action Product
A Statewide Planning
1 20 yr Statewide Transportation Plan, (23 CFR 450.214)* (As updated)** Prepare R for C Statewide Transportation Plan
2 4 yr State Transportation Improvement Program (STIP) & amendments, (23 CFR 450.216, 220)* (State submit it annually, amendment as requested)** Prepare R & A w/FTA State Transportation Improvement Program
3 Statewide Planning & Research Part I, ((23 CFR 420)* (Annually August 15)** Prepare R & A Statewide Annual Work Program
4 State Certification of their Planning Process, (23 CFR 450.220 (a))* (In conjunction with STIP approval)** Prepare R for C Planning Process
5 Public Involvement for the State Planning Process, (23 CFR 450.212)* (As needed or revised by State)** Prepare R for C Public Involvement Plan
6 Functional Classification of Highways, (23 CFR 105(b))* (As needed or revised by State)** Prepare R & A Functional Classification Highways System and Maps
7 Urban Area Boundaries, (23 CFR 470.105(a))* (As needed or revised by State)** Prepare R & A Urban Area Boundaries
8 National Highway System, (23 CFR 470.111, 115(a))* (As needed or revised by State)** Prepare R and Recommend action to HQ National Highway System
B Metropolitan Planning
1 Unified Planning Work Program, 23 CFR 450.314 (a))* (Annually by June 30)** Prepare R & A Unified Planning Work Program
2 Transportation Plan for non-attainment Metropolitan Areas, (23 CFR 450.322)* (Every 4 yrs)** Prepare R & A Transportation Plan
3 Transportation Plan for Attainment Areas, (23 CFR 450.322)* (Every 5 yrs) Prepare R for C Transportation Plan
4 Transportation Improvements Program
(TIP) amendments for Non-attainments areas, (23 CFR 450.324-330 (b))* (As requested by MPO at least every four years)**
Prepare R & A Transportation Improvements Program
5 TIP amendments for attainments areas, (23 CFR 450.334 -330 (a))* (As requested by MPO at least every four years)** Prepare R &A TIP amendments
6 FHWA/FTA TMA Planning Certification, (23 CFR 450.334)* (Every 4 yrs)** Prepare Conduct w/FTA Certification of TMA Planning Process
7 Metropolitan Planning area Boundary Changes, (23 CFR 450.308)* (As needed/revised by MPO/State)** Prepare R for C Boundary Changes
8 MPO/Sate certification of MPO Planning Process, (23 CFR 450.334)* (In conjunction with TIP approval)** Prepare R for C Certification of State/MPO Planning Process
C Highway Information
1 HPMS data submission, FHWA HPMS Field Manual (Annually by June 15)** Prepare R for C Annual HPMS Data Report
2 HPMS data review, FHWA HPMS Field Manual (Annually by Nov 1)** Prepare R & submit report to HQ HPMS Review Report
3 Public road mileage certification, (23 CFR 460.3)* (Annually June 1)** Prepare R for C Public Road Miles Data
4 Traffic Monitoring System, (23 CFR 500.203)* (As needed )* Prepare R for C Part of HPMS Review Report
5 Heavy Vehicle Use Tax Payment Proof of Payment, (23 CFR 669.7)* (Annually by July 1)** Prepare R for C Certification of HVUT
6 Heavy Vehicle Use Tax Payment review, (23 CFR 669.21)* (Every 3 years)** Prepare R Process Review
7 Vehicle Size & Weight enforcement certification, (23 CFR 657. 13)* (Annually by January 1)** Prepare R & A w/evaluation
Report
Certification of VS&WE Program
8 Vehicle Size & Weight enforcement plan, (23 CFR 657.11)* (Annually by July 1)** Prepare R &A w/ Evaluation Vehicle Size & Wt enforcement plan
9 FHWA Form 500 Series, Guidance on Highway Statistics Report (See Guidance for specific due date)* Prepare R & I FHWA Form 500
D Air Quality
1 Transportation Plan Conformity Determination for non-attainment Area, (23 CFR 450.322(d))* (After receipt of MPO Determination)** Prepare R & A Conformity Report
2 TIP Conformity Determination for non-attainment Area, (23 CFR 450.322(b)) (After receipt of MPO Determination)** Prepare R & A Conformity Report
3 CMAQ funds Report ,(23 USC 149, 104(b) (2), 126(c), 04/28/HQ CMAQ guidance memo)* (Annually February 1) Prepare R for C CMAQ Report
4 CMAQ fund Eligibility , 04/28/HQ CMAQ guidance memo (As requested by State) Prepare R & A Eligibility Determination Report/Letter
5 MPO/State air quality agency agreements, (23 CFR 450.310 (h))* (As needed or revised by MPO/State)** Prepare R for C MOU/Agreements
E Miscellaneous
1 Transportation & Community & System Preservation Pilot Program (TCSP), (SAFETEA-LU:1117)* (Annually)** Prepare R Grant Report
2 Value Pilot Pricing Program (VPPP), (SAFETEA-LU:1604)* (As needed)** Prepare R Process Review
* Denotes Authority/Regulation Action: A = Approve, C = Compliance, I = Information, P = Prepare, R = Review
** Denotes Submission Date/Frequency

Planning Program Performance/Compliance Indicators:

Objective: To deliver the planning program in accordance with applicable laws, regulations and policies and enhance the delivery of the process.

Indicators:

  1. Percent of projects in STIP implemented during year 1
  2. Certification of planning process does not include any significant findings
  3. Number of STIP amendments during the reporting year
  4. STIP submitted date verses targeted submittal date
  5. Number of areas in conformity lapse
  6. Progress on including freight in the planning process

Reporting: Annually by October 31 for the previous Federal FY ending September 30.

3.2 Environment Program

Background

FHWA is the lead federal agency in integrating the full range of environmental requirements under a single, unified process that results in efficient and timely transportation decisions in accordance with Section 6002 of SAFETEA-LU. These laws and regulations include the National Environmental Policy Act (NEPA) and implementing regulations CEQ 40 CFR 1500-1508 and FHWA 23 CFR 771 (proposed 23 CFR 1420); Section 4(f) of the Department of Transportation Act and implementing regulations 23 CFR 771 (proposed 23 CFR 1430); Section 106 of the National Historic Preservation Act and implementing regulations 36 CFR 800; Section 404 of the Clean Water Act; and Section 7 of the Endangered Species Act, as well as others. Furthermore, FHWA has a commitment to the "protection and enhancement of communities and the natural environment" as outlined in the USDOT Strategic Goals.

Project Oversight

For all projects, FHWA and DelDOT work together in the project planning phase to ensure compliance with NEPA and other applicable laws before FHWA selects an alternative (location approval). The level of involvement is commensurate with the level of the environmental impacts or project complexity and follows a set procedure depending on environmental documentation class.

For Programmatic Categorical Exclusions (level c), DelDOT prepares a checklist documenting eligibility in accordance with the criteria outlined in previous FHWA/DelDOT agreements. DelDOT files the form and sends an informational copy to the FHWA Division Office. Categorical Exclusions, Programmatic Section 4(f) Evaluations and Section 4(f) Evaluations are prepared by DelDOT and submitted to the FHWA for review. FHWA's goal is to respond to all submissions within timeframes shown in the table below. Coordination on Environmental Assessments/Findings of No Significant Impacts and Environmental Impact Statements are conducted following the "Mid-Atlantic Transportation and Environmental Streamlining Process" guidelines and include interagency field meetings, concurrence points, reviews and approval procedures.

The Programmatic Memorandum of Agreement for Minor Projects between FHWA, DelDOT, Delaware State Historic Preservation Office, and the Advisory Council of Historic Preservation for carrying out the responsibilities of Section 106 of the National Historic Preservation Act is in the process of being updated.

FHWA is also an active member of individual project teams and help guide the project development process planning study. All documents requiring legal sufficiency review (the final EIS and Section 4(f) Evaluation) will be sent to the Offices of Chief Counsel (OCC) in Head Quarters by the FHWA Division Office to the FHWA Eastern Legal Services Office of the Office of Chief Counsel (ELS) for the legal sufficiency review by Counsel with summary comments prior to issuing these documents. Pre-Draft Section 4(f) documents will be submitted to OCC ELS for comment regarding potential for legal sufficiency. The OCC's ELS' goal is to provide legal sufficiency review comments to the FHWA Division Office within 30 days after receipt of the document. Environmental Re-evaluations are conducted through informal consultation and formal written documentation.

Environment Program Summary Table
(State Administered and Full Oversight Projects)
Activity DelDOT Action FHWA Action Product
Programmatic Categorical Exclusions Prepare, Approve, and File A Process Review will be done every 5 years. Final Report
Categorical Exclusions Prepare, request classification, request Location Approval Comments or Concur with CE classification within 30 days of receipt.
Comments or grant location approval within 30 days of receipt.
Approved CE
Preliminary Environmental Assessment Prepare, request classification Provide comments, concur with classification (within 30 days of receipt) Comments
Environmental Assessment (EA) Prepare Comments or Approve (within 20 days of receipt) Signed EA
Preliminary Finding of No Significant Impacts (FONSI) Prepare, may identify preferred alternative Provide comments (within 30 days of receipt) Comments
Finding of No Significant Impacts Prepare Comments or Concur with Finding determination, grant location approval (within 20 days of receipt) Signed FONSI
Major Project* Draft Environmental Impact Statement (DEIS) Cost Estimate Prepare Major Project Cost Estimate for DEIS Alternatives. Review cost estimate DelDOT's DEIS Major Project Cost Estimate Report.
Preliminary DEIS Prepare, request classification Provide comments, concur with classification (within 30 days of receipt) Comments
DEIS Prepare Comments or Approve (within 30 days of receipt) Signed DEIS
Preliminary Final Environmental Impact Statement (FEIS) Prepare, may identify preferred alternative Provide comments (within 30 days of receipt) Comments
Major Project* FEIS Cost Estimate Prepare Major Project Cost Estimate for the preferred alternate. Review cost estimate DelDOT's FEIS Major Project Cost Estimate Report.
FHWA Major Project* Independent Cost Review (For DEIS and/FEIS) Provide cost estimates and documentation for the project, provide project personnel to answer questions concerning all parts of the estimate Perform independent cost estimate review prior to releasing DEIS /FEIS. FHWA independent DESI/FEIS cost estimate review report.
FEIS Prepare Acquire Legal Sufficiency or comment, determine prior concurrence requirement, approve (within 30 days of receipt) Signed FEIS
Record of Decision (ROD) Prepare Consult Legal Counsel, select alternative, comment or issue ROD (within 30 days of receipt), grant location approval ROD
Preliminary Re-evaluations Prepare Provide comments within 30 days of receipt Comments
Re-evaluations Prepare, recommend action Concur or deny that existing document is still valid (within 20 days of receipt) Concurrence
Preliminary Programmatic Section 4(f) Evaluations Prepare, may recommend alternative Provide comments (within 30 days of receipt) Comments
Programmatic Section 4(f) Evaluations Prepare Comments or Approve (within 20 days of receipt) Signed Prog. 4(f)
Preliminary Draft Section 4(f) Evaluations Prepare Provide comments (within 45 days of receipt) Comments
Draft Section 4(f) Evaluations Prepare Comments or Approve (within 20 days of receipt) Signed Draft 4(f)
Preliminary Final Section 4(f) Evaluations Prepare, may recommend alternative Provide comments (within 30 days of receipt) Comments
Final Section 4(f) Evaluations Prepare Comments or Acquire Legal Sufficiency, approve (within 30 days of receipt) Signed Final 4(f)
Advisory Council on Historic Preservation (ACHP) Invitation Letter Prepare Review, Revise and Forward to ACHP within 30 days Final Letter
Public Hearing Transcripts Prepare Review and concur (within 15 days of receipt) Concurrence letter
Project Initiation Letter Prepare Review Project File Documentation
Notice of Intent Prepare Review, revise and sent to Federal Register (within 15 days of receipt) Federal Register Notice
Draft Coordination Plan Prepare Review and comment (within 30 days of receipt) Coordination Plan for agency review
Draft Federal Cooperating/Participating Agency Letters Prepare Review, revise and forward (within 30 days of receipt Final Agency Letters

* A project with a total estimated cost of $500 million (including PE and R/W) or more that is receiving Federal financial assistance is designated as a Major Project. Refer to FHWA Major Project Guidance for further discussion.

Environment Program Performance/Compliance Indicators:

Objective: To meet timeliness targets for Environmental Impact Statements (EIS) and Environmental Assessments (EA).

Indicators:

  1. EIS and EA completion timeline targets established in FHWA's Environmental Document Tracking System (EDTS)
  2. Reduction in the processing time for completion of EISs (from Notice of Intent to ROD) from established targets in EDTS (Baseline: As established in EDTS)
  3. Reduction in the processing time for EAs from project initiation to FONSI (2005 Baseline- 29 months)

Reporting: Annually by October 31 for the previous Federal FY ending September 30.

3.3 Design Monitoring Program

The purpose of a design monitoring program is to establish procedures for assuring that Federal-aid projects are constructed in accordance with 23 CFR Part 625 Design Standards for Highways, 626 Pavement Policy, 627 Value Engineering, 630 Pre-construction Procedures, 633 Required Contract Provisions, 636 Design-Build Contracting, 645 Utilities, 646 Railroads, 650 Bridges, 652 Pedestrian and Bicycle Accommodations and Projects, 655 Traffic Operations, 771 Environmental Impact and Related Procedure, and 772 Noise. It is FHWA policy that FHWA personnel make sufficient reviews of full oversight Federal-aid projects to assure they are designed in accordance with applicable standards and in consideration of appropriate cost-effectiveness strategies.

All projects on the NHS, regardless of funding source, must follow FHWA approved AASHTO design standards except for non-freeway 2R and 3R projects where DelDOT may request FHWA approval to use State developed standards.

For full oversight Federal-aid projects on the NHS, including the Interstate System, the primary objectives of the design monitoring program are:

  • To ensure compliance with all applicable Federal regulations
  • To promote improved safety through appropriate use of design standards and guidelines.
  • To make value added input at appropriate points in the project development process, with emphasis on early involvement in the project decision making process.
  • To maintain a close working relationship between FHWA and DelDOT project development personnel.
  • To ensure the integrity of the Interstate System through the review and approval of Interstate access point additions or modifications.
  • To promote context sensitive solutions concepts
  • To ensure that environmental commitments are incorporated into contract documents.

The types of design reviews that will be undertaken by FHWA include:

Early Planning Reviews: Early involvement maximizes FHWA's opportunity to participate in design decisions with the goals of promoting safety and preserving human and natural environment. FHWA's participation in developing possible transportation solutions at concept development meetings, prior to any public meetings, should be included on Federal-aid projects of a scope that is likely to require an Environmental Assessment or Environmental Impact Statement, and for all FHWA full oversight projects.

Intermediate Plan Reviews: These reviews are appropriate during the time when design concepts and major design features are being developed and finalized. The purpose of intermediate reviews is to assure that appropriate design considerations are used during project development, to ensure that environmental commitments are observed, to ensure cost-effective designs are considered, to maintain effective communication between FHWA and DelDOT, and to evaluate the quality of the product. FHWA will participate in intermediate reviews on full-oversight projects following the DelDOT plan development review process at: Preliminary Construction, Semi-Final Construction and Semi-Final Right-of-Way.

Plans, Specifications and Estimate (PS&E) Review: This is the final step in attesting that the plans have been designed in accordance with applicable standards. This step is required to allow authorization to advertise. The reviews may utilize the FHWA Authorization to Advertise Checklist (attached) and should generally not involve a design review if there was adequate FHWA involvement during the intermediate reviews leading up to the final plans. These reviews are required on all FHWA oversight projects to assure that the project complies with all Federal requirements before Federal funding authorization is approved.

Design Process Reviews/Program Evaluations (PR/PE): These reviews evaluate the processes and procedures used by DelDOT on design activities. Process reviews can be broad in scope, covering a major design activity such as conceptual studies, preliminary plan development, or PS&E preparation, or they can be more specific, covering such elements as geometrics, pavement design, safety, structures, etc. All process reviews should include a sufficient sampling of actual products and/or projects to assure that the process is producing the intended results. As appropriate, both Federal oversight and State administered projects will be included in the sample of projects inspected as a part of process reviews.

Design and Operation Reviews: These reviews are undertaken for recently completed projects to evaluate the effectiveness of current design policy and detect design features that can be improved. The reviews should be conducted using a team approach with representatives from various functional areas. Projects should be open to traffic before being considered as candidates for a design and operation review.

On State administered Federal-aid projects (where DelDOT has the delegated authority to act for FHWA in design monitoring), DelDOT has a Project Development Process that includes reviews at each milestone during plan development. State administered projects are subject to joint FHWA-DelDOT process reviews and inspections and must comply with applicable Federal requirements.

Along with the general items listed above for FHWA project review, the following are specific requirements for bridge projects:

  • For new or reconstruction bridge projects on the Interstate System (bridges that carry Interstate traffic and interchange bridges), preliminary bridge plans as well as final plans, specifications and estimates (PS&E) will be submitted to FHWA for review.
  • For new or reconstruction bridge projects that carry traffic over the Interstate Highway regardless of funding source, preliminary bridge plans will be submitted to FHWA for the purpose of evaluating horizontal and vertical clearances on the Interstate System.
  • FHWA may elect to retain full-oversight on Federal-aid projects involving unusual structures. Unusual structures may include tunnels, structures featuring new or complex wall systems, structures that involve complex stream stability countermeasures or designs that are atypical or unique. Unusual bridges may include unique foundation problems, complex designs with unique features, bridges with exceptionally long spans, or bridges being designed with procedures that depart from currently recognized acceptable practices.
  • FHWA will be available for technical assistance on all Federal-aid and non-Federal-aid bridge projects.
3.4 Construction Monitoring Program

In general DelDOT has responsibility for the construction of all Federal-aid projects and for ensuring that such projects receive adequate supervision and inspection to ensure that projects are completed in conformance with approved plans & specifications. The primary objectives of the FHWA construction-monitoring program are:

  • To evaluate DelDOT's control of the projects and the quality and progress of work.

  • To maintain a close working relationship with DelDOT construction staff.

  • To promote quality improvements.

  • To promote work zone safety.

  • To assure that projects are completed in reasonably close conformance with the approved plans and specifications and approved changes.

  • To ensure compliance with environmental commitments.

FHWA will use the following types of inspections to obtain these objectives:

  • Construction Process Review/Product Evaluation (PR/PE) – A comprehensive review of DelDOT's procedures and controls. The purpose of a PR/PE is to provide oversight of DelDOT construction and materials management activities and to determine compliance with Federal-aid requirements on a statewide or region wide basis.

  • Inspection-In-Depth – A thorough on-site review to evaluate a specific contract item, combination of items, or major phase of a project. Inspections-in-depth may be accomplished on an individual project basis or on several projects with the findings summarized as a Region wide or statewide review.

  • Project Inspection – an on-site review to evaluate DelDOT's activities, the quality and progress of the work, compliance with environmental commitments, and if appropriate, to follow up on findings from previous inspections.

  • Final Inspection – A review to determine the extent to which DelDOT has exercised its control to assure that the project has been completed in reasonably close conformance with the plans, specifications, and authorized changes, including implementation of environmental commitments.

  • Operational Review – A review of a recently completed project with a multi-disciplinary team to identify opportunities for improvement that may be incorporated in future projects. These reviews also provide the opportunity to identify highly successful or noteworthy practices in addition to noting deficiencies.

Design & Construction Programs Summary Table
WORK ACTIVITY   FULL OVERSIGHT PROJECTS STATE ADMINISTERED PROJECTS
Authority DelDOT Action FHWA Action DelDOT Action FHWA Action
Interstate Access Point Approval 23 USC 111 Prepare (PD) Approve
(10 days)
Prepare Approve
(10 days)
Project Management Plan (PMP) for Major Projects* 23 USC 106 Prepare (PD) Approve
(30 days)
N/A N/A
Major Project Finance Plan Cost Estimate review if needed. {This would depend on the time gap between FHWA Major Project FEIS Cost Estimate Review (see Environment program) and Finance Plan submittal, and changes to the project since the ROD}* 23 USC 106, FHWA Guidance Prepare Major Project Cost Estimate for the selected alternate. (PD) Review cost estimate N/A N/A
FHWA Major Project* Independent Cost Review (see above)* 23 USC 106, FHWA Guidance Provide cost estimates and documentation for the project, provide project personnel to answer questions concerning all parts of the estimate. (PD) Perform independent cost estimate review prior to accepting Initial Finance Plan (IFP) N/A N/A
Financial Plan for Major Projects (Initial and Annual)* 23 USC 106 Prepare (PD) Approve
(30 days)
N/A N/A
Financial Plan for other projects (w/ estimated cost >$100M and <$500M) (Initial and Annual)* 23 USC 106 Prepare (PD) Information Prepare Info.
Consultant Services/Agreements 23 CFR 172.9 Approve None Approve None
Coordination for Projects Near Airports 23 CFR 620.104 Prepare (PD) Approve
(10 days)
Approve None
Public Interest Finding with respect to airport-highway clearance 23 CFR 620.104 Prepare (PD) Approve
(10 days)
Approve None
Highway Facility Relinquishment 23 CFR 620.203 Prepare Approve
(10 days)
Approve None
Design Exception 23 CFR 625.3(f) Prepare (PD) Approve
(10 days)
Approve(1) None
Use of Publicly Owned Equipment 23 CFR 635.106 Prepare (PD) Approve
(10 days)
Approve None
Use of mandatory borrow/disposal sites 23 CFR 635.407 Prepare Approve
(10 days)
Approve None
Use of publicly furnished materials 23 CFR 635.407 Prepare (PD) Approve
(10 days)
Approve None
Buy America waiver (all projects) 23 CFR 635.410 Prepare (PD) Approve
(10 days)
Prepare Approve
(10 days)
Use of proprietary products, processes 23 CFR 635.411 Prepare (PD or Construction) Approve
(10 days)
Approve None
Warranties 23 CFR 635.413 Prepare (PD) Approve (10 days) Approve None
Use of Convict Produced Material (all projects) 23 CFR 635.417 Prepare (PD) Approve
(10 days)
Prepare Approve
(10 days)
Use of consultants by utility companies 23 CFR 645.109(b) Prepare (Utility) Approve
(10 days)
Approve None
Exceptions to maximum railroad protective insurance limits 23 CFR 646.111 Prepare Approve
(10 days)
Approve None
TS&L (Type, Size, and Location) 23 USC 109 Prepare (Bridge ) Approve
(10 days)
Approve None
Experimental Features 23 CFR 635.411 Prepare (PD) Approve
(10 days)
Approve None
Value Engineering Studies (2) 23 CFR 627 Prepare (PD) Concur Approve None
Public Interest Finding 23 CFR 635 Prepare (PD) Approve
(10 days)
Approve None
Use of negotiated contracts 23 CFR 113 Prepare Approve
(10 days)
Approve None
New/revised standard drawings (programmatic) 23 CFR 625 Prepare (Quality) Approve (10 days)    
New/revised standard specifications (programmatic) 23 CFR 625 Prepare (Quality) Approve (10 days)    
PS&E 23 CFR 630.205(c) Prepare (PD) Approve
(10 days)
Approve None
R/W Certification (Include in PS&E Package) 23 CFR 635 Prepare (R/W) Approve (10 days) Approve None
Utility PS&E 23 CFR 645 Prepare (Utility) Approve
(10 days)
Approve None
Utility Certification (Include in PS&E Package) 23 CFR 635 Prepare (Utility) Approve
(10 days)
Approve None
Utility Agreement (Include in PS&E Package) 23 CFR 645.113 Prepare (Utility) Approve
(10 days)
Approve None
Railroad Agreement (Include in PS&E Package) 23 CFR 646.216 Prepare (Quality) Approve
(10 days)
Approve None
Exempt bridge from Coast Guard permit requirements 23 CFR 650.805 Prepare (PD) Approve
(10 days)
Prepare Approve
(10 days)
Advanced Construction (all projects) 23 CFR 630.705 Prepare Approve
(10 days)
Prepare Approve
(10 days)
Deviation from competitive bidding 23 CFR 635.104
23 CFR 635.204
Prepare (PD and Contract Admin) Approve
(10 days)
Approve None
Design-Build Request for Technical Proposal (RFQ)(4) 23 CFR 635.112
23 CFR 636
Prepare (PD) Approve
(10 days)
N/A N/A
Design-Build Request for Proposal (RFP) (4) 23 CFR 635.112
23 CFR 636
Prepare (PD) Approve
(10 days)
N/A N/A
Authorization to Advertise for bids (all projects) 23 CFR 635.309
23 CFR 635.112
Prepare (Finance) Approve
(10 days)
Prepare Approve (10 days)
Project Authorizations (all projects) 23 CFR 630.106 Prepare (Contract Admin) Approve
(10 days)
Prepare Approve (10 days)
Advertising period less than three weeks 23 CFR 635.112 Prepare (Contract Admin) Approve
(5 days)
Approve None
Addenda 23 CFR 635.112 Prepare (PD) Approve
(5 days)
Approve None
Consultant Selection 23 CFR 172 Approve None Approve None
Concurrence in Contract Award 23 CFR 635.114
23 USC 112(d)
Prepare (PD) Concur
(3 days)
Approve None
Rejection of all bids 23 CFR 635.114 Recommend
(PD and Contract Admin)
Concur
(5 days)
Approve None
Supplemental Agreements/Consultant Services 23 CFR 172 Approve None Approve None
Change Orders(3) 23 CFR 635.120 Approve (Construction) Approve
(10 days)
Approve None
Claims Settlements 23 CFR 635.124 Prepare (Quality and Construction) Approve (10 days) Approve None
Time Extensions & Suspension of Work(3) 23 CFR 635.121 Prepare (Construction) Approve
(10 days)
Approve None
Termination of contracts 23 CFR 635.125 Prepare (Construction) Approve
(10 days)
Approve None
Authorize utility or railroad force account work 23 CFR 645.113
23 CFR 646.216
Prepare (Utility or Quality) Approve
(10 days)
Approve None
Final inspection/acceptance of completed work 23 USC 114(a)
23 USC 121
None (Construction and M&O) Conduct Conduct None
State Maintenance Engineer Letter of Final Acceptance   Prepare (M&O) Accept Approve None
Materials Certification 23 CFR 637.207 Prepare (M&R) Approve Approve None
*These activities apply only to a major project. A project with a total estimated cost of $500 million (including PE, R/W, and construction) or more that is receiving Federal financial assistance is designated as a Major Project. Refer to FHWA Major Project Guidance for further discussion.

All days unless otherwise specified are working days

  1. FHWA approves all design exception on Interstate projects.
  2. Required only for NHS projects with a total cost (R/W + PE + construction) greater than $25 million and NHS Bridge projects with a total cost greater than $20 million.
  3. Refer to current FHWA Change Order MOA.
  4. Full oversight/exempt status of Design-Build projects will be decided in the same manner as for the design-bid-build projects. See sections 2.1 and 2.2.

Design and Construction Program Performance/Compliance Indicators:

Objective: To deliver and provide stewardship to the Federal-aid highway program with high performance and integrity.

Indicators:

  1. Construction cost growth of award value on Federal-aid projects greater than $1 million. (Awarded contract cost compared to the final constructed cost.)
  2. Percent of Federal-aid projects greater than $1 million award value, completed within 30 contract days of contract completion date. (Both initial contract time and any time extensions.)
  3. Number of joint process reviews conducted on design and construction issues and findings implemented. (Joint reporting by FHWA & DelDOT)

Reporting: Annually by October 31 for the previous Federal FY ending September 30.

3.5 Financial Management Program

Background

Passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provided specific guidance regarding financial integrity in the administration of the Federal-aid highway program. One requirement is that FHWA shall establish an oversight program to monitor the effective and efficient use of funds and be responsive to all areas relating to financial integrity and project delivery. Another SAFETEA-LU provision provides that the State shall be responsible for the monitoring of sub-recipients of Federal funds and determine that sub-recipients have sufficient accounting controls to properly manage Federal funds awarded. Previous legislation such as the Chief Financial Officer Act, Cash Management Improvement Act, Federal Managers' Financial Integrity Act (FMFIA), Improper Payments Information Act, remain in place. Finance core functions are discussed below.

Federal legislative changes including annual Federal Appropriation Laws are the responsibility of FHWA and DelDOT. These legislative changes may include financial management directives, for example converting older apportionments, legislated rescissions and congressional reporting requests. As applicable, templates will be provided to DelDOT by FHWA for Rescissions, Discretionary requests, August Redistribution etc.

Operating Environment

The accuracy and priority of Federal-aid reimbursement are the primary responsibility of DelDOT whether the primary cost documentation originates within DelDOT or with a third party. DelDOT fulfills this responsibility by maintaining adequate operating policies and procedures, a sound accounting system with proper internal controls, and suitable audit activities. It is FHWA's responsibility to assure that such processes are in place and providing desired results, as well as, to provide technical assistance and advice in funding and financial areas. FHWA provides assistance and maintenance to DelDOT for the electronic data sharing and Electronic Signature environment.

Oversight Responsibilities

1. Project Agreements and Modifications

Initial project authorization and agreement and amended authorizations reviews are the responsibility of the pertinent FHWA program officer. Pursuant to 23 CFR 630, Subpart C, the reviewer will review and approve plans, specifications and estimates, as appropriate. DelDOT enters pertinent statistical, descriptive, and financial information in the FMIS and the project is signed electronically by both DelDOT and FHWA. The electronic signature process for FHWA Project Authorizations and Agreements (23 CFR 106) allows DelDOT and FHWA to electronically create and sign Project Authorizations, Agreements, and Modifications. This process allows faster approvals and permits better control of funds on Federal-aid projects.

Requests for amended agreement modifications are the responsibility of DelDOT. Costs incurred based on DelDOT's billing history report or other approved costs such as extra work orders, support additional obligations, or the conversion of advance construction. DelDOT enters the pertinent financial information and justification in FMIS and the agreement modifications are signed electronically by both DelDOT and FHWA.

Advance construction (A/C) (23 U.S.C. 115; 23 CFR Subpart G) has been an effective tool in innovative financing to advance a project's construction time line. Projects approved for A/C must meet the same Agreement requirements and proceed in the same manner as a regular Federal-aid project, except for the following: FHWA authorization does not constitute any commitment of Federal funds; A/C authorizes a date that eligible Federal-aid costs may be incurred. After the conversion of A/C to eligible funding, DelDOT will submit for and be reimbursed for eligible expenses that have been incurred. Conversion of A/C projects requires an amended Agreement which is electronically signed by both DelDOT and FHWA.

The time frames for processing amended project authorizations agreements are 7 to 10 work days for Full Oversight projects; and 3 to 5 work days for State Administered projects.

2. Federal-aid Reimbursement of Eligible Expenditures

Federal-aid reimbursement may be made to DelDOT for eligible expenditures incurred as identified in 23 U.S.C. 121. In accordance with 23 CFR 1.9(a), Federal-aid funds shall not participate in any costs which are not incurred in conformity with applicable Federal and State Law, the regulations in 23 CFR, and policies and procedures prescribed by FHWA. The FHWA Division Office provides oversight of Cost Reimbursable Contracts, pursuant to 23 CFR Part 140, 49 CFR Part 18, and OMB Circular A-87, "Cost Principles for State, Local, and Indian Tribal Governments." Likewise, FHWA must comply with the requirements of the FMFIA.

A reimbursement request to DelDOT is processed electronically via FHWA Rapid Approval and State Payment System (RASPS) and disbursed via U.S. Department of Treasury to Delaware State Treasury. The Single Audit Act does not preclude FHWA from performing program reviews and these activities are undertaken by FHWA to facilitate oversight of the Current Billing process. These routine financial management reviews may be conducted on DelDOT's accounting systems and records to assure conformance with applicable laws, regulations, and government-wide accounting principles and standards. Also, to maintain an adequate system of management control and to promote effective program delivery and efficiency, FHWA promotes the conduct of joint FHWA-DelDOT Quality Financial Management Initiatives. The employment of these mechanisms will provide reasonable assurance that only allowable costs are reimbursed, thus ensuring the integrity of the Federal-aid program. Further these joint cooperative efforts between FHWA and DelDOT will help to establish opportunities for continuous improvements, specifically in areas with any potential compliance weaknesses.

3. Cash Management

The Cash Management Improvement Act of l990 (31 CFR Part 205), prescribes rules and procedures for the transfer of funds between the federal government and the states for federal grant and other programs. The U.S. Treasury and the State of Delaware have entered into an agreement to describe its funds transfer procedures. FHWA's involvement is to provide assistance and guidance to DelDOT to facilitate compliance and to assist in the implementation of cash management improvements. FHWA and DelDOT have implemented electronic signature processes for reimbursement of the State's Current Bill and Project Authorizations and Agreements. The RASPS provides DelDOT with same day reimbursement.

4. Fiscal Management Information System (FMIS)

The FMIS is FHWA's Federal aid project financial information system. It contains data related to all highway projects financed with Federal-aid highway funds. FHWA uses this information for planning and executing program activities, evaluating program performance, and depicting financial trends and requirements related to current and future funding. Electronic data sharing allows DelDOT to transmit their FMIS data electronically to the FMIS warehouse database until FHWA reviews and approves the data. This process provides faster approvals and better control of funds. Both DelDOT and FHWA have the ability to access FMIS information to obtain current funding and project related reports.

5. Federal-aid Funding

The Federal-aid Highway Program is made up of a series of separately funded program categories, each having its own specific and separate funding as described in 23 U.S.C. Each of the programs has certain activities for which that funding may be used and is described in law. When an Authorization Act establishes a program, it defines certain ground rules under which the program operates. These rules include the amounts of funds available to the program for each fiscal year; period of availability; Federal participation ratio; fund source; type of authority; and eligibility activities. In order to be more responsive to Federal budget policy, a limit is placed on total funds that can be obligated during the fiscal year (obligation limitation). The FHWA Division Office, in their role of administering and delivering the Federal-aid highway program, has a responsibility to provide information, guidance, and assistance to DelDOT. Although this oversight is ongoing, when a new Authorization Act modifies existing programs, or adds or eliminates programs, then FHWA has a responsibility to advise DelDOT that significant changes in the program have been made and that appropriate financing procedures are implemented by DelDOT.

6. Discretionary Funding Applications

Legislation provides for a Discretionary funding program to be used for specific Federal-aid projects. Program areas include Interstate Maintenance, Bridge, Public Lands, etc. The FHWA Headquarters' Office of Program Administration issues instructions on an annual basis. Based on the type of call for applications, DelDOT must submit applications for projects that are either designated in the current legislation, or projects that are ready to be obligated. Instructions are provided to DelDOT for the discretionary application process and electronic submittal. The FHWA Division Office will review and evaluate the applications submitted to assure that the candidate projects meet the eligibility and submission requirements. The FHWA Division Office will then electronically submit the State's applications to the FHWA Headquarters Office of Program Administration for a determination.

7. Transfer of Funds

SAFETEA-LU provided greater flexibility for the transfer of funds, specifically to other Federal agencies or to other States. (23 U.S.C. 104(k)(3) and 23 U.S.C. 132) Guidance and submission instructions for the various types of transfers allowable are provided by the FHWA Headquarters' office. DelDOT must initiate the request for transfers to other agencies, or the transfer among their unobligated program funds. Transfers of High Priority Projects will require an agreement between the receiving agency (i.e. National Park Service) and DelDOT. All requests for transfer are reviewed by the FHWA Division Office for adherence to the Federal requirements prior to submission to the FHWA Office of the Chief Financial Officer (CFO).

8. Financial Integrity Review and Evaluation Program (FIRE)

The Financial Integrity Review and Evaluation Program (FIRE) (FHWA Order 4560.1A) requires each FHWA Division Office to establish an effective oversight program to ensure that Federal funds are properly managed and effectively used in accordance with Federal policies. Under this program, each FHWA Division Office is required to submit annual certifications of internal and financial controls to support the financial statements. To support the certifications, activities outlined in FIRE must be accomplished, annually. A grant financial management review in response to the performance of an annual risk assessment is required. [The purpose of the grant financial management process review is to assess one key State process to determine that (1) the process complies with Federal requirements, (2) the process complies with generally accepted accounting principles and standards and internal controls, and (3) areas of opportunity are identified for process improvement.]

The FIRE also requires a review of randomly selected billing transactions, as well as transactions selected by the CFO for the Improper Payment Review. The review of the transactions is to review documentation in order to verify the eligibility of the costs billed to FHWA by DelDOT, local governments, etc.

The FIRE also requires the FHWA Division Office and the State to perform reviews of inactive Federal-aid projects and release any unneeded obligations.

9. Improper Payments Review (IPR)

Improper Payments Review is to determine the extent to which improper payments were made in the Federal-aid Highway program. An improper payment is any payment that should not have been made or was made in an incorrect amount (overpayment and underpayments), payments to an ineligible recipient, payment for ineligible services, duplicate payments, payment or services not received, etc. Payments for review are selected at random from an identified time period. The random sampling process will be carried out by the Headquarters' CFO and involves two phases. In the first phase, the CFO will select a sample of payments from the RASPS and provide it to the FHWA Division Office. The FHWA Division Office will obtain DelDOT's billing detail (object codes) that will support each payment in the sample. In Phase two, the CFO will identify the specific billing detail to test. Instructions and worksheets are also provided to the FHWA Division Office who will document the testing. Verifications will include the eligibility and accuracy of costs billed to FHWA; that costs were incurred after FHWA approval; that costs were charged to the correct project; costs were approved by the appropriate State/local official; and that DelDOT has sufficient supporting documentation to substantiate the billing. The final report and worksheets are reported to the CFO. IPR's are directed by the CFO twice a year.

10. Inactive Federal-aid Project Reviews

The FHWA Division Office will work with DelDOT to conduct and document the results of quarterly reviews of inactive projects in accordance with 23 CFR 630, Subpart A, Project Authorizations and Agreements. The FHWA Division Office shall work with the State to determine the validity of the amount obligated for each project. Once excess obligations are identified, DelDOT is required to take action to promptly deobligate the funds. This action will require a modification of the project agreement. The FHWA Strategic Plan has established a goal of inactive projects as 5% of the State's annual apportionments. Results of the inactive projects reviews shall be recorded by the FHWA Division Office in FHWA's standard work papers and submitted to the CFO.

DelDOT is responsible for establishing a funds management program that will ensure that funds are being used effectively and lapsable funds are limited. This would also include a review of older projects that have had no activity for possible release of funds for use on other eligible federal projects. Annually, FHWA will evaluate the effectiveness of DelDOT's funds management program.

11. Finance Plan for Major Projects

Major projects are those projects receiving Federal financial assistance with an estimated cost of $500 million or more. Other projects may be identified by DelDOT's Secretary as Major projects as a result of special interest. In accordance with SAFETEA-LU Section 1904, part (h) DelDOT is responsible for assuring that they have a Financial Plan for Major Projects. Finance Plans for Major Projects shall continue to be developed by DelDOT and submitted to the FHWA Division Office, and are updated annually. The FHWA Division Office will review (and approve if applicable) finance plans prior to authorization of Federal-aid funds for construction.

12. Audits

The Office of Management and Budget (OMB) Circular No. A-133 was issued pursuant to the Single Audit Act of 1984 [P.L. 98-502] and Amendments of 1996 [P.L. 104-156] for the purpose of setting forth standards for obtaining consistency and uniformity among Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards. The U.S. DOT Office of Inspector General (OIG) is the cognizant agency for audit responsibilities for DelDOT. Since FHWA is the Federal awarding agency to DelDOT, the FHWA Division Office is administratively cognizant and has certain responsibilities in this area.

DelDOT is responsible for ensuring that its operations are audited. FHWA is responsible for ensuring that audits are completed and reports are received in a timely manner, assuring that findings are resolved, and corrective actions are taken in a timely manner. Further FHWA has a responsibility to provide technical advice and assistance to DelDOT and auditors as appropriate, and advise DelDOT of requirements imposed by Federal laws, regulations or provisions of contracts.

13. Record Requirements/Retention

DelDOT maintains the official records for Federal projects. Supporting documentation will be retained by DelDOT for three years after the final voucher has been accepted and will include (but not limited to): the final contractor pay estimate, material certification, projects' agreement/modification, statement of overruns and under runs, and final Right of Way certificate in accordance with current requirements. Supporting documentation retained by DelDOT will be available upon request to FHWA.

Reports

FIRE certifications are required to be submitted by the FHWA Division Administrator June 8th and September 23rd of each fiscal year.

Financial Management Program Summary Table
Activity DelDOT Action FHWA Action Product
Project Authorizations and Agreement
(include provisions of Drug Free Workforce)
DelDOT submits approved request using Electronic Signature. PS&E data for full oversight projects submitted as required. Project reviewed & approved by FHWA engineers. Time frame is 3 to 5 work days for State administered projects and 7 to 10 work days for full oversight projects.
Obligations/fiscal data processed by FHWA
An Electronic Signed Project Authorization/
Agreement has been executed between DelDOT and FHWA.
Federal funds have been obligated. FS-1 documents for full oversight projects will continue to be approved/signed by FHWA until the DelDOT FACTS project electronic database replacing the FS-1 is active with FHWA concurrence.
Amended Project Authorization and Agreements (Modifications) DelDOT submits approved request electronic signature; documentation; documentation for full oversight projects supporting modifications is submitted as needed. Amended authorization approved by FHWA Program Managers Amended Agreements approved by Financial Manager. Amended authorizations for Full oversight projects time frame is 7 to 10 working days; all other amendments processed within 3 to 5 working days. Executed Electronic
Signed Amended Authorization/ Agreement. Federal funds have been obligated. FS-1 documents for full oversight projects will continue to be approved/signed by FHWA until the DelDOT FACTS project electronic database replacing the FS-1 is active with FHWA concurrence.
Federal-aid Billing Reimbursement DelDOT submits current billing to FHWA electronically;
as often as desired.
FHWA Financial Manager approves current billing electronically the same day. EFT payment received by State Treasury on the same day requested.
OIG Audit Report issued and forwarded
to DelDOT for review/action
DelDOT comments to audit findings within
30 days of receipt.
FHWA staff reviews/concurs in DelDOT's response and forwards resolution to OIG. OIG Audit Report
is closed.
Discretionary Funding Requests DelDOT submits Application(s) within the time frame, and format requested. FHWA notifies DelDOT of Discretionary funding call for applications. Once received from DelDOT, applications reviewed, and concurrence made when forwarded to the HQ office for consideration. Successful applications are allocated discretionary funds.
Improper Payments Reviews Assure that adequate controls are in place to detect improper payments. FHWA notifies DelDOT of the transactions to be reviewed; IPIA; IPIA worksheets are completed as directed by FIRE. IPR worksheets are completed.
Project Funds Management/Monitoring of Inactive Obligations Compliance with Final
Rule, 23 CFR Part 630. Review inactive projects for potential release of funds
FHWA provides listing of projects to DelDOT for review based on FIRE criteria. Once DelDOT and FHWA reviews completed, a report is sent to HQ CFO. DelDOT reviews project listing to determine if obligations are valid. Invalid obligations are de-obligated with the time frame requested by the FHWA Division Administrator
Major Project Financial Plans Requirement for the State to submit annual
Financial plans for major projects
($500M or more) to
FHWA
DelDOT submits Financial Plans to FHWA for review
and appropriate approval
FHWA reviews Plans, coordinated with HQ program office, and provides response to DelDOT.

Financial Management Program Performance/Compliance Indicators:

Objective: To deliver and provide stewardship for the Federal-aid highway program with high performance and integrity.

Indicators:

  1. Reduction in the unexpended balance of projects with no expenditure changes for one year, and unexpended balances of $500,000 or more as required by FIRE. Baseline defined in FHWA's FMISQ40A report.
  2. Reduction in the number of findings from external reviews such as OIG, single audit, DelDOT audits.
  3. Development and implementation of FIRE Plans based on new guidance.

Reporting: Annually by October 31 for the previous Federal FY ending September 30.

3.6 Bridge Program

Background

23 CFR Part 650, Subpart C establishes National Bridge Inspection Standards (NBIS) that apply to all bridges carrying vehicular traffic that are greater than 20 feet in length and located on a public road.

23 CFR Part 650, Subpart D establishes the procedures for administering the Highway Bridge Program (HBP). The program was established to replace, rehabilitate and preserve deficient bridges.

23 USC 503(b) establishes the Innovative Bridge Research and Deployment Program (IBRD) to demonstrate the application of innovative material technology in the construction of bridges and other structures.

SAFETEA-LU Section 1804 continues the National Historic Covered Bridge Program (NHCBP) by providing funds to assist the States in the rehabilitation, repair, or preservation of the Nation's historic covered bridges.

Oversight Activities for the NBIS

Each year FHWA will conduct a NBIS compliance review of DelDOT. The reviews will look at the following major NBIS elements: inspection procedures, frequency of inspection, qualifications of personnel, quality of reports, quality of inventory data, load ratings and postings, scour program, quality assurance and procedures established to review, prioritize and track recommendations for repairs. The review includes discussion with DelDOT staff, a random sampling of bridge inspection reports and records, field reviews of selected bridges and quality assurance checks of inventory data.

FHWA will also review the State's management of the bridge inspection program for the Counties, Cities and other bridge owners (local public agencies) including their oversight of inspection procedures, maintaining the inventory data and providing technical assistance. DelDOT will conduct a formal review of each local public agency at least every four years. FHWA will participate in the reviews of selected local public agencies.

FHWA prepares an annual report on the DelDOT NBIS review. The report will establish if DelDOT is compliant with the NBIS and include recommendations for improvement. DelDOT will prepare a report on the NBIS review of each local public agency. FHWA will furnish comments to be included in the DelDOT report.

Oversight Activities for the HBP

Eligibility for this program is based on bridge condition and inventory data that DelDOT submits annually to FHWA. FHWA reviews the data and furnishes DelDOT with a selection list of eligible structures. DelDOT also annually submits bridge construction unit cost data which is reviewed by FHWA. The HBP funds apportioned to each State are based on the relative area of deficient bridges and the relative bridge construction unit costs. Not less than 15 percent of the apportioned funds shall be expended for projects located off the Federal-aid system. DelDOT and the local governments may select any bridge on the selection list for replacement or rehabilitation under this program. A waiver request must be approved by FHWA for all projects that do not meet the eligibility requirements for rehabilitation or replacement based on bridge sufficiency rating. As well a waiver request must be made for all rehabilitation and replacement projects that do not address all conditions that classify a bridge as structurally deficient or functionally obsolete. In addition, subject to the approval of FHWA, preventive maintenance activities and installation of scour countermeasures may be performed on bridges regardless if on the selection list. Refer to Maintenance Program section of this Stewardship Agreement for preventive maintenance requirements.

Oversight Activities for the Innovative Bridge Research and Deployment Program (IBRD)

Grants are distributed annually based on competitive application. DelDOT in coordination with FHWA identifies potential projects, prepares application and submits to FHWA Division Office. The FHWA Division Office reviews the application and submits it to FHWA Headquarters with endorsement. If grant is awarded, the FHWA Division Office handles it as a non-exempt project. DelDOT prepares and submits report to FHWA on evaluation of the innovative technology.

Oversight Activities for the National Historic Covered Bridge Preservation Program (NHCBP)

Grants are distributed annually based on competitive application. DelDOT in coordination with FHWA identifies potential projects, prepares application and submits to FHWA Division Office. The FHWA Division Office reviews the application and submits it to FHWA Headquarters with endorsement. If grant is awarded, the FHWA Division Office handles as a non-exempt project.

Bridge Program Summary Table
ACTIVITY DelDOT ACTION FHWA ACTION PRODUCT
Bridge Inspection Program (State) Update inventory data and submit to FHWA HQ by April 1. Process data, furnish error listing, and resolve errors with DelDOT. An accurate and current inventory is maintained to support decision making and funding.
Bridge Inspection Program (State) Manage inspection program. Conduct review and prepare report by February 1. Annual report.
Bridge Inspection Program (local public agencies) Conduct review of each local public agency at least every four years and prepare report. Participate in reviews and furnish comments to DelDOT. Report for each local public agency.
Highway Bridge Program (State) Submit unit cost data to FHWA Division Office 10 business days prior to April 1. Review unit cost data and submit to FHWA HQ by April 1, provide list of eligible projects, resolve questions concerning eligibility. DelDOT receives their share of HBP funds and bridges are selected for rehabilitation, replacement or preventive maintenance.
Highway Bridge Program (State) Design and construct projects. Review and approve full oversight projects. Rehabilitation, replacement or preventive maintenance projects constructed.
Highway Bridge Program (local public agencies) Distribute funds to locals, provide list of eligible projects. Resolve questions concerning eligibility. Locals receive their share of HBP funds and bridges are selected for rehabilitation, replacement or preventive maintenance.
Highway Bridge Program (local public agencies) Review and approve local agency projects that are State administered. Provide assistance. Rehabilitation, replacement or preventive maintenance projects constructed.
Highway Bridge Program (State and local public agencies) Request project specific waivers if scope of work (rehab versus replace) does not satisfy bridge sufficiency rating eligibility requirement Approve within 10 days Project funded
Highway Bridge Program (State and local public agencies) Request project specific waivers for replacement and rehabilitation projects that do not address conditions that classify bridge as structurally deficient or functionally obsolete Approve within 10 days Project funded
Innovative Bridge Research & Deployment Program Submit annual application to FHWA Division Office 10 business days prior to due date (date varies), prepare evaluation report. Assist with application, review, endorse & submit application to FHWA HQ, review project design, const. and evaluation report. Innovative technology is evaluated and implemented
National Historic Covered Bridge Program Submit annual application to FHWA Division Office 10 business days prior to due date (date varies). Assist with application, review, endorse & submit application to FHWA HQ, review project design and construction. Historic covered bridge is repaired, rehabilitated or preserved.
Revisions to bridge design policies and standards Prepare Approve within 10 days. DelDOT follows AASHTO Guidelines

Leads: FHWA - Division Bridge Engineer
DelDOT – Bridge Management, Bridge Design

Bridge Program Performance/Compliance Indicators

Objective 1: Effectively use the Bridge Management Program to manage and allocate resources to improve performance of Delaware's bridges.
Indicators:

  1. Replacement, rehabilitation, preventive maintenance and routine maintenance needs systematically classified and prioritized according to need and benefit and activities selected.
  2. All Highway Bridge Program funds distributed and expended among replacement, rehabilitation and preventive maintenance activities.
  3. Reduction in deficient bridge deck area on Delaware NHS compared to annual and long-range strategic performance goals. (2006 Baseline: 21.2%)
  4. Reduction in deficient bridge deck area on Delaware non-NHS compared to annual and long-range strategic performance goals. (2006 Baseline: 27.2%)

Objective 2: Provide longer lasting highway infrastructure through improved research, design, and quality of construction, system preservation, and size and weight enforcement.

Indicators:

  1. Existence of documented and state-of-the-technology policies, procedures, standards and specifications to assure compliance with federal requirements and standards for design, construction, safety inspection, maintenance, load rating, quality assurance, etc.
  2. Reduction in deficient bridge deck area on Delaware NHS compared to annual and long-range strategic performance goals. (2006 Baseline: 21.2%)
  3. Reduction in deficient bridge deck area on Delaware non-NHS compared to annual and long-range strategic performance goals. (2006 Baseline: 27.2%)

Reporting: Annually by October 31 for the previous Federal FY ending September 30.

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Contact

Firas Ibrahim
Office of Program Administration
202-366-1564
E-mail Firas

 
 
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Updated: 04/07/2011
 

FHWA
United States Department of Transportation - Federal Highway Administration