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Federal-aid Highway Program Stewardship and Oversight Agreement
Iowa Department of Transportation And Federal Highway Administration Iowa Division
APPENDIX A
FHWA REVIEWED/APPROVED IOWA DOT MANUALS, POLICIES, SPECIFICATIONS, GUIDES, AND PROCEDURES
Appendix A: State Manuals, Policies, Specifications, Guides, and Procedures
Administration
- Iowa DOT Policies and Procedures (PPM)
- 300.04 – Prequalification of Architectural, Engineering, and Related Professional and Technical Firms
- 300.12 – Negotiated Contracts for Architectural, Engineering, and Related Professional and Technical Services
- 420.05 – Value Engineering
- 500.02 – Can-Do ProcessM
- 500.03 – Wetlands
- 500.06 – Utility Adjustment for Highway Improvement Projects
- 500.07 – Highway Traffic Noise Analysis and Abatement
- 500.11 – Construction/Maintenance Contract Lettings
- 500.15 – Process for New or Revised Interchanges
- 500.17 – Cultural Resource Protection
- 500.18 – Work Zone Safety and Mobility
- 510.02 – Project Development Public Involvement Plan
Iowa Administrative Code Chapter 111 – Real Property Acquisition And Relocation Assistance Chapter 112 – Primary Road Access Control Chapter 115 – Utility Accommodation Chapter 116 – Junkyard Control Chapter 117 – Outdoor Advertising Chapter 132 – Iowa Scenic Byway Program
Bridge and Structural Design
Guidelines for Preliminary Design of Bridges and Culverts English and Metric CADD Standards Reinforcing Bar Dimensions and Details Bridge Design Manual Reinforced Concrete Box Culvert Design Criteria Rating
(1)
Bridge Inspection Training Manual, July 1991
(2)
Inspection Manual for Sign Structure
(3)
Load Ratings for Standard Bridges, Final Report for HR239- Phase III
(4)
Bridge Maintenance Inspection and Evaluation, White, Minor, and Derucher, 2nd Ed, 1992
Iowa DOT Bridge Standard Plans
Construction
Construction Manual, Chapter 2 and 5
Contracts
- Bid Item Description Book – letting guidelines
- Contract Compliance Plan (Plan on compliance for Contract Compliance for EEO/AA) Disadvantaged Business Enterprise (DBE) Plan DBE Plan required by 49 CFR
- Part 26 Title VI Plan Affirmative Action Plan ADA Transition Plan (to bring our system into compliance for ADA) Construction Contract time Determination Procedures Required by 23 CFR
- 635.121 Liquidated Damages Procedures required by 23 CFR 635.127
Location and Environment
National Programmatic Agreement "Implementation of Transportation Enhancement Activities" July 2002 – State of Iowa Programmatic Agreement "Procedures for Implementation of Section 106 Requirements" Categorical "No Historic Properties Affected" PMOU Programmatic Categorical Exclusion Agreement July 31, 1996 – Merged NEPA/404 process (Can-Do Reference Manual Chapter 7) March 1, 2001 – FHWA/Iowa DOT agreement authorizing Iowa DOT to make initial consultation with State Historic Preservation Officer August 7, 1986 – Informal Section 7 consultation delegated by FHWA to all State highway or transportation agencies
Local Systems
Federal-aid Project Development Guide Instructional Memorandums (IMs) to Local Public Agencies (LPAs) Policy for Accommodating Utilities on the County and City Non-Primary Federal-aid Road System
Maintenance
Materials
Iowa DOT Office of Materials Instructional Memoranda Iowa DOT Office of Materials Laboratory Manual
Modal
Planning
- Guidelines for Development of the Iowa Statewide Transportation Improvement Program (STIP)
- Process for New or Revised Interstate Access in Iowa
Right-of-Way
Uniform Manual, Real Property Acquisition, and Relocation Iowa DOT Right of Way Manual
Roadway Design
- Iowa DOT Design Manual (English and Metric)
- Iowa DOT Standard Road Plans Manual (English and Metric)
- Iowa DOT Road Design Details (English and Metric)
Specifications
- Iowa DOT Standard Specifications for Highway and Bridge Construction (English and Metric)
- Iowa DOT General Supplemental Specifications for Highway and Bridge Construction
Traffic & Safety
- Comprehensive Highway Safety Plan
- Iowa DOT Traffic and Safety Manual
Finance
APPENDIX B
AASHTO AND RELATED MANUALS, POLICIES, SPECIFICATIONS, AND GUIDES
Appendix B: AASHTO and Related Manuals, Policies, Specifications, and Guides
General
- AASHTO Green Book: A Policy on Geometric Design of Highways and Streets AASHTO Highway Capacity Manual AASHTO – Guide for the Planning, Design, and Operation of Pedestrian Facilities
- AASHTO – Guide for the Development of Bicycle Facilities AASHTO – Very Low Volume Local Road Policy
Bridge and Structural Design
- Structural Welding Code–Reinforcing Steel, ANSI/AWS D1.4-92, 1992. American Association of State Highway and Transportation Officials (AASHTO)
- Standard Specifications for Highway Bridges 17th Ed. 2002. AASHTO LRFD Bridge Design Specifications English Units 4th Ed. 2007. AASHTO Standard Specifications for Structural Supports for Highway Signs,
- Luminaries and Traffic Signals 2001, w/ 02 & 04 Interims.
- American Welding Society (AWS) D1.5-2002 Bridge Welding Code w/ 03 & 05 interims AASHTO LRFD Bridge Construction specifications, 2nd ed, 2004. AASHTO Specifications for Design of Pedestrian Bridges, 1997 Recording and Coding Guide for the Structure Inventory and Appraisal of the
- Nation's Bridges, Report No. FHWA-PD-96-001, December 1995 Manual Condition Evaluation of Bridges, 2000, w/ 01 & 03 interims AASHTO Guide Specifications for Horizontally Curved Girders, 2002 AASHTO Guide Specifications for Bridge Temporary Works, 1995 AASHTO Construction Handbook for Bridge Temporary Works, 1995 AASHTO, Guide Specifications for Highway Bridge Fabrication with HPS70W
- Steel. AASHTO Guide Specifications for Seismic Isolation Design, 2000 AASHTO Guide Specifications for The Design of Stress-Laminated Wood Decks,
- 1991
- AASHTO Guide Specifications and Commentary for Vessel Collision Design Of Highway Bridges, 1991 AASHTO Guide Specifications for Strength Evaluation of Existing Steel And
- Concrete Bridges, 1989
- AASHTO Guide Specifications for Structural Design of Sound Barriers, 1989 w/ 1992 & 2002 interims
- AASHTO Guide Specifications for Fatigue Design of Steel Bridges, 1989 AASHTO Guide Specifications for Strength Design of Truss Bridges (Load Factor Design), 1986
- AASHTO Guide Specifications for Fracture Critical Non-Redundant Steel Bridge Members, 1978
- AASHTO – NSBA Steel Bridge Collaboration AASHTO – Guide Specifications – Thermal Effects in Concrete Bridge Superstructures, 1989.
- PCI Design Handbook Precast and Pre-stressed Concrete 6th Edition, 2004 Formwork for Concrete, 6th Ed., 1995 ACI Detailing Manual – 1994. CRSI Design Handbook – 1996 Metric Properties of Structural Shapes (AISC) Highway Structures Design Handbook – Steel Volumes I and II (AISC) Four LRFD Design Examples of Steel Highway Bridges, SI units, Vol. II, Chapter
- 1A, Highway Structures Design Handbook, National Steel Bridge Alliance Manual of Steel Construction
Construction
Contracts
Location and Environment
Local Systems
Maintenance
Materials
Standard Specifications for Transportation Materials and Methods of Sampling and Testing, parts I and II, AASHTO 1995 American Society for Testing and Materials (ASTM) American Welding Society (AWS) Code American Wood Preserver's Association (AWPA) American Institute of Steel Construction (AISC) Society of Automotive Engineers (SAE) Industrial Fasteners Institute (IFI) American Society of Mechanical Engineers (ASME)
Modal
Planning
- NCHRP Report 365 – Travel Estimation Techniques for Urban Planning – Barton-Aschman Associates Inc.
- Trip Generation, 7th Edition – Institute of Transportation Engineers
- NCHRP Report 255 – Highway Traffic Data for Urbanized Area Project Planning and Design – JHK & Associates
Right-of-Way
Roadway Design
AASHTO – A Policy on Design Standards Interstate System, AASHTO – Roadside Design Guide
Traffic and Safety
Manual of Uniform Traffic Control Devices NCHRP 350 Standards, Policies, and Standard Specifications
APPENDIX C
FEDERAL LAWS, REGULATIONS, AND POLICIES (APPLICABLE TO FEDERAL-AID PROJECTS)
Federal-aid Highway Program Stewardship and Oversight Agreement – Iowa
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Accommodation of Utilities | | 645 Subpart B | | | | Applies to all projects on Federal-aid highways. |
| Nonsegregated Facilities | | 633A | 42 USC § 2000d et seq. | 41 CFR 60.1.8 | Title VI of the Civil Rights Act of 1964 | All contracts and subcontracts of $10,000 or more. |
| Disadvantaged Business Enterprise | 140(c) | 200 & 230 | | 13 CFR 121 13 CFR 124 48 CFR 1 Parts 19, 26, and 52 49 CFR Part 26 (DBE) 49 CFR Part 21 (Title VI) 49 CFR 18.36 | | Applies as necessary to meet State DBE program goals. |
| Equal Employment Opportunity | 140 (a), (b), (c), & (d) | 1.9 1.36 230 Subpart A, C, & D 231.311 | | 41 CFR 60-1 41 CFR 60-4 | Executive Order 11246 Executive Order 11375 Federal Aid Highway Act 1968 Federal Aid Highway Act 1970 | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| On-the-Job Training | 140(a) & (b) | 230A 230.111 (b) 230.113 | | | SAFETEA-LU Section 5204(e) | Applies to all Federal-aid highway construction projects. |
| Use of Convict Labor and Convict Produced Material | 114(b) | 635.117(a) 635.417 | | | | Applies to all Federal-aid highway construction projects on Federal-aid highways. |
| Nondiscrimination | 101, | 200, 230A, | 29 USC 794 | 28 CFR 35 | The Civil Rights Act of | All contracts and subcontracts of |
| | 109(h), | 230D, | 42 USC | 29 CFR 1630 | 1964, Title VI | $10,000 or more. |
| | 140, & | 635.107 | 2000e | 41 CFR 60 | The Age Discrimination | |
| | 324 | 652 | 42 USC | 49 CFR 21, 23 | and Employment Act of | |
| | | | 3601-3619 | 28 CFR 50.3 | 1967 | |
| | | | 42 USC | 49 CFR 1.48 | The Age Discrimination | |
| | | | 4601-4655 | 49 CFR 25 | Act of 1975 | |
| | | | 42 USC | 49 CFR 27 | The American | |
| | | | 12101- 12213 | | Disabilities Act of 1990 | |
| | | | 49 USC 322 | | Title VII Fair Housing Act FHWA Order 4710.8 Executive Order 11246, 11375, & 13166 Section 504, Rehabilitation Act of 1973 | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Payment of Predetermined Minimum Wage | 113 | 633 Subpart A 635.309 | 40 USC 276(a) & (c) | 29 CFR 1, 3, 5 | Davis-Bacon Act Copeland Anti-Kickback Act | Projects within the ROW of a Federal-aid highway exceeding $2,000. |
| Statements and Payrolls | | 635.118 | 40 USC 276(a) & (c) 18 USC 874 | 29 CFR 3, 5 | Davis-Bacon Act Copeland Anti-Kickback Act | Projects within the ROW of a Federal-aid highway exceeding $2,000. |
| Subletting or Assigning the Contract | | 633 & 635.116 | | | | All projects on NHS |
| Safety: Accident Prevention (OSHA compliance) | | 635.108 | 40 USC 333 | 29 CFR 1926 | OSHA | Applies to all Federal-aid construction projects. |
| False Statements Concerning Highway Projects | | 633A, 635.119 | 18 USC 1020 | | | Applies to all Federal-aid construction projects. |
| Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion | | 635.112(g) | | 49 CFR 29 | | |
| Certification Regarding the Use of Contract Funds for Lobbying | | 635.112(g) | 49 USC 322A | 49 CFR 20 | | Contracts and subcontracts exceeding $100,000. |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Buy America | 313 | 635.410 | | | STAA Section 165 | Applies to all Federal-aid highway |
| | | | | | ISTEA Section 1041(a) | construction projects. Requires use of |
| | | | | | & 1048(b) | domestic iron and steel with provisions for waivers. http://www.fhwa.dot.gov/construction/cqit/buyam.cfm |
| Indian Preference on | 140 | 635.117 | 42 USC | | FHWA Notice 4720.7 | Any project meeting "Guidance" |
| Federal-aid Projects (Labor & Employment) | | | 2000e | | | criteria |
| Non-Collusion Certification | 23 USC 112 | 23 CFR 635.112(f) | | | | Applies to all Federal-aid highway construction projects. |
| Standardized Changed Conditions Contract Clauses | 23 USC 112(e) | 23 CFR 635.109 | | | | Applies to all Federal-aid highway construction projects with possible exception of design-build |
| Drug-Free Workplace | | | | 49 CFR 29 | | |
| Publicly Owned Equipment | | 635.106 | | | OMB Circular A-87 | Applies to all Federal-aid highway construction projects. |
| Contractor Purchased for State Ownership | 302 | 140 | | 49 CFR Part 18 | | Applies to all Federal-aid highway construction projects. |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Equipment Rental Rates | | 140.910 | | 48 CFR Part 31 49 CFR 18.32 | OMB Circular A-87 FAPG NS 23 CFR 635.120 | Applies to all Federal-aid highway construction projects. |
| Foreign Contractor and Supplier Restriction | | | | 49 CFR 30 | | Applies to all Federal-aid highway construction projects. |
| Salvage credits | | | | 49 CFR 18.36 | | Applies to all Federal-aid highway construction projects. |
| Method of | 112(a) & | 635.104 | | 49 CFR 18.36 | Brooks Act | Applies to all Federal-aid highway |
| Construction (low bid | (b) | 635 Subpart | | | Technical Advisory | construction projects. |
| for construction | | B | | | T5080.4 & T5080.6 | |
| contracts) | | | | | | |
| Owner Force Account / Cost Effective Justification | 112B | 635B | | | | |
| Alternate Bids | | 635.411(b) | | | | |
| Bonding and | 112 | 635.110 | | 49 CFR Part 29 | | |
| Prequalification | | | | Suspended, debarred 49 CFR 18.36 | | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Advertising for Bids | 112 | 635.112 | | 49 CFR Part 20 (Lobbying) 49 CFR Part 29 49 CFR 18.36 | | |
| Contract Time | | 635.121 | | | Technical Advisory T5080.15, Construction Contract Time Determination Procedures | Applies to Federal-aid highway construction projects on the NHS. |
| Bid Opening and Tabulation | | 635.113 | | 49 CFR 18.36 49 CFR 18.35 | | |
| Reimbursement Construction Engineer Costs | 112 | 1.11, 172, 635.105(b) | 40 USC 1101-1104 | | Brooks Act | |
| Change Orders | | 635.102, 635.120 & 635.121 | | | | Applies to Federal-aid construction projects on the NHS. |
| Claims | | 635.124 | | | | Applies to Federal-aid construction projects on the NHS. |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Liquidated Damages | | 635.127 | | | | Applies to Federal-aid construction projects on the NHS. |
| Incentive / Disincentive Clauses | | 635.127 (d, f) | | | Technical Advisory T5080.10 Incentive/Disincentive (I/D) for Early Completion | |
| Project Supervision and Staffing | 114 & 302 | 635.105 | | | | |
| Work Hours | | | 40 USC 327330 | | Contract Work Hours & Safety Standards Act | |
| Consultants | 112 | 172 140 Subpart H | 40 USC Chapter 11, 1101-1104 | 49 CFR 18 2 CFR 225 (OMB Circular A-87) 48 CFR part 31 48 CFR Chapter 99 Cost Accounting Standards | Brooks Act Generally Accepted Accounting Principles (GAAP) | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| FHWA 1273 | 114, 315 | 633 | | 49 CFR 1.48 | | |
| Proprietary Materials | 112 | 635.411 | | | | Applies to all Federal-aid highway construction projects. |
| State Preference | 112 | 635.409 | | | | Applies to all Federal-aid highway construction projects. |
| State Owned / Furnished/ Designated Materials | 112 | 635.407 | | | | Applies to all Federal-aid highway construction projects. |
| Engineer's Estimate | 106 | 630 A&B | | | FHWA's "Guidelines On Preparing Engineer's Estimate, Bid Reviews And Evaluation" January 20, 2004 | Applies to all Federal-aid highway construction projects on the NHS. |
| General Materials Requirements | | 635 Subpart D | | | | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Implementation of the Clean Air Act and Federal Water Pollution Control Act | | 633 & 777 |
33 USC 1251, 1368, & 1386 42 USC 1857 | 40 CFR 15 30 CFR 404 | | All contracts and subcontracts of $100,000 or more. |
| Environment | | 771, 772, 774, & 777 | 42 USC 4321 | 40 CFR 1500 50 CFR 402 | National Environmental Policy Act Section 4(f) of the Department of Transportation Act and implementing regulations; 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, | |
| Policy on Lands, Wildlife and Waterfowl Refuges & Historic Sites | | 771 | 49 USC Sec. 303 | | | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Right-of-Way | | 1.23 & 710, | 42 USC 4601 | 49 CFR 24 | Uniform Relocation | |
| | | 750 | | | Assistance and Real Property Acquisition Policies Act of 1970 | |
| Endangered Species | | | | 50 CFR 402 | | |
| Farm Lands Protection | | | | 7 CFR 658 | Farm Lands Protection Act | |
| Historic Preservation | | | | 36 CFR 800 | National Historic Preservation Act | |
| Flood Plain | | 650 & 771 | 33 USC 401, | Executive | Public Law 97-424, | |
| Management | | | 491 | Order 11988 | Transportation Assistance Act of 1982 National Flood Insurance Program | |
| Erosion Control | | 650B | | | Federal Water Pollution Control Act | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Procedures for Abatement of Highway Traffic Noise and Construction Noise | | 772 | | | | |
| Bridge Replacement & Rehabilitation Program | 144 | 646 Subpart B 650.405 | | | | |
| Navigational Clearances for Bridges | | 650 Subpart H | | | | |
| National Bridge Inspection Standards | | 650 Subpart C | | | | Applies to all highway bridges on public roads. |
| Metric | | | | | Omnibus Trade and Competitiveness Act of 1968 | |
| Standard Specifications and Plans | | 630B | | | | Applies to all Federal-aid highway construction projects on the NHS. |
| Emergency Relief | 120, 125 | 668 | | | FHWA's Emergency Relief Manual | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Traffic Control | 109(d) | 655 Subpart F | | | Manual of Uniform | Applies to all public roads |
| Devices | | | | | Traffic Control Devices Iowa Administrative Code 761, Chapter 130 | |
| Work Zones | 402(a) | 630 Subpart J 630 Subpart K 634 | | | | 23 CFR 634 applies to federal-aid highway system |
| Highway Safety Improvement Program | 148, 402 | 924 | 49 USC 408 | | | |
| Highway Safety Laws | 153, 154, | 192, 1206, | | 49 CFR 1.48, | | |
| | 158, 159, | 1210, 1215, | | 49 CFR 1.50 | | |
| | 161, 163, | 1225, 1252, | | 49 CFR 501 | | |
| | 164, 402 | 1270, 1275 | | | | |
| ITS Architecture | 101, 106, 109, 133, 315, 508 | 940 | | 49 CFR 1.48 | | |
| Crashworthiness Standards | 109 | 625, 655(f) | | | FAPG NS 23 CFR 625 NCHRP Report 350 | |
| Railroad Insurance | 109(e), 120(d), 130, 315 | 646A | | | | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Pavement Design | | 626 | | | | |
| Quality Assurance Procedures for Construction | | 637 Subpart B | | | | |
| Administrative Requirements | 302 | Subchapter A, Part 1 420.115 | | 49 CFR 18 49 CFR 19 2 CFR parts 1, 180, 215, 220, 225, & 230 | OMB Circular A-102 OMB Circular A-110 OMB Circular A-21 OMB Circular A-87 OMB Circular A-122 | |
| Audits | 112(b)(2) | 140-Subpart H | | 48 CFR 31, Federal Acquisitions Regulations 49 CFR 18.26 2 CFR parts 220, 225, 230, and | OMB Circular A-133 | |
| Records Retention | | | | 49 CFR 18.42 | | |
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Project Agreement | 106 | 630 Subpart A 420.115 | | | | |
| Advance Construction | 115 | 630G | | | | |
| State Infrastructure Bank | 610 | | | | NHS Act of 1995 | |
| Funds Management | | 630 Subpart A | | 49 CFR 18. 49 CFR 19 | SAFETEA-LU section 1904 | |
| Funds Transfers | 103(d) 104 119(b) | | | | SAFETEA-LU section 1108 FHWA HPP & TI Implementing Guidance | |
| Major Projects | 106 | | | | TEA-21 SAFETEA-LU | |
Page C-15 September 2008 Federal-aid Highway Program Stewardship and Oversight Agreement – Iowa
Appendix C: Federal Laws, Regulations, and Policies (Applicable to all Federal-aid Projects unless noted in the column labeled "Remarks")7
| SUBJECT | 23 USC | 23 CFR | OTHER USC | OTHER CFR | OTHER LAWS AND GUIDANCE | REMARKS |
| Value Engineering | 106(e) | 627 | | | SAFETEA-LU | Applies to projects on the Federal-aid system estimated to cost over $25 million and bridge projects estimated to cost over $20 million |
APPENDIX D
IOWA PERFORMANCE MEASURES FOR STEWARDSHIP AND OVERSIGHT AGREEMENT
Appendix D: Iowa Performance Measures for Stewardship and Oversight Agreement
Reported by Iowa DOT to FHWA by August 1.
- Ratio of wetland acres replaced to acres impacted by highway construction.
- Percent of Highway Safety Improvement Program Funding investment obligated each year.
- Percent change of International Roughness Index (IRI) from previous year for the NHS.
- Number of shoulder miles of new paved shoulders on primary highways for the NHS >3000ADT.
- Average Pavement Condition Index (PCI) for:
- Planning Class 1 (Interstate)
- Planning Class 2 (CIN)
- SI&A values of Iowa DOT bridge system.
- Percent of state projects clearances obtained six weeks prior to letting where DOT is the contracting authority.
- Implement portions of Top 5 Percent Safety Report.
- Implement portions of Comprehensive Safety Plan.
- Develop a 20 Year Long Range Transportation Plan.
- Percent of International Fuel Tax Agreement (IFTA) quarterly reports filed annually.
- Percent of Oversize permit requests filed electronically. Reported by FHWA to Iowa DOT by November 1.
- FMIS Transaction Times – Report statistics on time from Iowa DOT submittal to FHWA approval of FMIS transactions.
- Time to close full oversight projects – Report statistics on time from initial authorization/obligation to project is closed in FMIS.
APPENDIX E
PROGRAMMATIC AGREEMENT FOR INHERENTLY LOW-RISK OVERSIGHT PROJECTS ON THE INTERSTATE SYSTEM
Programmatic Agreement for Inherently Low-Risk Oversight Projects On the Interstate System between the Federal Highway Administration Iowa Division Office (FHWA) and the Iowa Department of Transportation (DOT)
WHEREAS, the FHWA has the responsibility for administering Federal requirements with respect to all projects constructed with funds made available under title 23, United States Code, including responsibilities relating to design, plans, specifications, estimates, contract awards, contract administration, and inspections;
WHEREAS, there are some projects on the Interstate System that are routine and inherently low risk that are generally non-controversial and in which the State DOTs have a high-level of experience and documented procedures and processes in place for ensuring compliance with federal requirements;
WHEREAS, it is mutually desirable to both the FHWA and Iowa DOT to streamline the approval process of these routine and inherently low risk projects;
WHEREAS, 23 U.S.C. 106(c)(4) provides that the Secretary of the United States Department of Transportation may not assume any greater responsibility than the Secretary is permitted on September 30, 1997;
WHEREAS, on September 30, 1997, 23 U.S.C. 106(b) permitted the States to approve, on a project-by-project basis, plans, specifications, and estimates for projects to resurface, restore, and rehabilitate highways on the National Highway System (NHS), and further permitted the States to request that the Secretary no longer review and approve highway projects on the NHS with an estimated construction cost of less than $1,000,000;
NOW THEREFORE, the FHWA and Iowa DOT hereby agree as follows:
Inherently low risk oversight projects include those that are routine, low risk projects and generally non-controversial in which the State DOTs have a high-level of experience and documented procedures and processes in place for ensuring compliance with federal requirements.
These projects would not:
- Include complex or unique engineering features
- Be a portion of a non-low risk oversight project
- Add mainline capacity
- Jeopardize the long-term safety or operation of the Interstate System
- Include projects that are classified as "major projects"
- Involve new partners (public/private partnerships)
- Involve new, innovative contracting methods
- Be viewed as high risk
- Pavement and/or bridge preventive maintenance.
- Pavement and/or bridge rehabilitation.
- Pavement and/or bridge resurfacing.
- Pavement and/or bridge reconstruction in-kind to current standards – defined as removal and replacement of existing pavement structure or the overlay of an existing pavement structure.
- Rest areas rehabilitation or replacement at the same location with no revisions to access control.
- Signing, landscaping, and lighting.
This is not to be considered an all inclusive listing. If projects other than those listed above are determined by Iowa DOT to satisfy the qualifications for a low risk oversight project, Iowa DOT may request a low risk oversight project determination from the Iowa Division on a case-by-case basis.
- For the inherently low risk oversight projects as defined in paragraph 1, FHWA is granting its approval, in advance of the actual delivery of the projects, for these projects' designs, plans, specifications, estimates, contract awards, contract administration, and inspections. These advance approvals are not deemed to occur until after the completion of the National Environmental Policy Act (NEPA) process and the satisfaction of other related environmental laws and procedures.
- For the inherently low risk oversight projects as defined in paragraph 1, if a design exception is required, the approval of the design exception will be retained by FHWA.
- For the inherently low risk oversight projects as defined in paragraph 1, FHWA's oversight will be satisfied by a risk management framework and process/program reviews. It is understood that FHWA's approval of funds for these projects at either the pre-construction or construction phase constitutes a determination that the project in question is eligible for Federal-aid and that the appropriate federal requirements have been met to date or defined steps are to be taken to ensure that requirements will be met. Notwithstanding this determination, FHWA continues to retain overall responsibility for all aspects of Federal-aid programs and, as such, shall be granted full access to review any aspect or record of a Federal-aid project at any time.
APPENDIX F
PROJECT ACTION RESPONSIBILITY
Appendix F: Project Action Responsibility
| PROJECT ACTION | AGENCY RESPONSIBLE |
| NHS PROJECTS (Oversight by FHWA) | NHS PROJECTS (Delegated Projects) | Non-NHS PROJECTS (Delegated Projects) |
| PROGRAMMING AND PROJECT AUTHORIZATION/AGREEMENT PROCESS |
| Verify project in STIP | FHWA | Iowa DOT | Iowa DOT |
| Verify eligibility for proposed funding category | FHWA | Iowa DOT | Iowa DOT |
| Approve HBP for bridges not on Selection List | FHWA | FHWA | FHWA |
| FINANCIAL MANAGEMENT |
| Obligate Federal funds and Approve Federal-aid Project Agreement (PR-2) | FHWA | FHWA | FHWA |
| Approve Federal vouchers | FHWA | FHWA | FHWA |
| PRELIMINARY DESIGN |
| Project Concept Statement | Iowa DOT(1) | Iowa DOT(1) | Iowa DOT |
| Consultant Selection and Agreements PPM 300.12 | FHWA | Iowa DOT | Iowa DOT |
| Approve exceptions to design standards [23 CFR 625.3(f)] | FHWA | Iowa DOT(2,3) | Iowa DOT |
| Changes in Access to the Interstate System (IJR) | FHWA | NA | NA |
| Modification to Interstate that does not result in a change of access (Technical Memorandum provided to FHWA for information and review) | Iowa DOT | Iowa DOT | Iowa DOT |
| Public interest finding with respect to airport-highway clearance (23 CFR 620.104) | FHWA | Iowa DOT(4) | NA(4) |
| Participation limits in bridges over railroad (23 CFR 646 Subpart B) | FHWA | Iowa DOT | Iowa DOT |
| Approval of TS&L | FHWA | Iowa DOT | Iowa DOT |
| DETAILED DESIGN |
| Approve preliminary plans for major and unusual structures [23 USC 109(a)] | FHWA(5) | Iowa DOT(2) | Iowa DOT |
| Approve retaining right-of-way encroachments | Iowa DOT | Iowa DOT | Iowa DOT |
| Approve use of negotiated contracts | FHWA | Iowa DOT | Iowa DOT |
| Approve use of publicly owned equipment (23 CFR 635.106) | FHWA | Iowa DOT | Iowa DOT |
| Approve the use of proprietary products, processes (23 CFR 635.411) | FHWA | Iowa DOT | Iowa DOT |
| Concur in use of publicly furnished materials (23 CFR 635.407) | FHWA | Iowa DOT | Iowa DOT |
| PS&E AND ADVERTISING |
| Approve plans, specifications and estimates (23 CFR 630.205) | FHWA | Iowa DOT | Iowa DOT |
| Authorize(7) advance construction and conversions (23 CFR 630.703 & 709) | FHWA | FHWA | FHWA |
| Authorize(7) utility or railroad force account work (23 CFR 645.113 & 646.216) | FHWA | FHWA | FHWA |
| Approve utility and railroad agreements (23 CFR 645.113 & 646.216) | Iowa DOT | Iowa DOT | Iowa DOT |
| Approve use of consultants by utility companies [23 CFR 645.109(b)] | Iowa DOT | Iowa DOT | Iowa DOT |
| Approve exceptions to maximum railroad protective insurance limits (23 CFR 646.111) | FHWA | Iowa DOT | Iowa DOT |
| Exempt bridge from Coast Guard permit requirements (23 CFR 650.805) | FHWA | FHWA | FHWA |
| Authorize(7) advertising for bids (23 CFR 635.112) | FHWA | FHWA | FHWA |
| Approve hiring of consultant to serve in a "management" role [23 CFR 172.9(d)] | FHWA | Iowa DOT | Iowa DOT |
| Approve consultant agreements (23 CFR 172) | FHWA | Iowa DOT | Iowa DOT |
| ENVIRONMENT |
| All approval actions required by Federal laws and regulations except as noted on next three lines | FHWA | FHWA | FHWA |
| Programmatic Categorical Exclusions | Iowa DOT | Iowa DOT | Iowa DOT |
| Initial Consultation with State Historic Preservation Officer per FHWA March 1, 2001 letter | Iowa DOT | Iowa DOT | Iowa DOT |
| Informal Section 7 Consultation per FHWA 1986 letter | Iowa DOT | Iowa DOT | Iowa DOT |
| RIGHT-OF-WAY |
| State ROW operations manual (23 CFR 710.201) | FHWA | FHWA | FHWA |
| Authorize(7) Right-of-Way activities (23 CFR 710.307) (If a Federal-aid project) | FHWA | FHWA | FHWA |
| Accept Right-of-Way certificate as a condition of PS&E approval [23 CFR 635.309(b)(c)] | FHWA | Iowa DOT | Iowa DOT |
| Approve Hardship and Protective Buying [23 CFR 710.501 & 710.503] (If Federal-aid project) | FHWA | FHWA | FHWA |
| Approve air space agreements [23 CFR 710.405] | FHWA | FHWA | NA(4) |
| Approve non-highway use and occupancy [23 CFR 710.407] | FHWA | FHWA | NA(4) |
| Approve disposal of federally funded right-of-way [23 CFR 710.409] | FHWA | FHWA | NA(4) |
| CONSTRUCTION |
| Approve cost effectiveness and emergency determinations for contracts awarded by other than competitive bidding (23 CFR 635.104 & 204) | FHWA(6) | Iowa DOT(6) | Iowa DOT(6) |
| Approve construction engineering by local agency (23 CFR 635.105) | FHWA | Iowa DOT | Iowa DOT |
| Approve advertising period less than three weeks (23 CFR 635.112) | FHWA | Iowa DOT | Iowa DOT |
| Approve addenda during advertising period (23 CFR 635.112) | FHWA | Iowa DOT | Iowa DOT |
| Concur in award of contract (23 CFR 635.114) | FHWA | Iowa DOT(2) | Iowa DOT |
| Concur in rejection of all bids (23 CFR 635.114) | FHWA | Iowa DOT(2) | Iowa DOT |
| Approve changes and extra work (23 CFR 635.120) (Construction Manual, Chapter 2) | FHWA | Iowa DOT | Iowa DOT |
| Approve contract time extensions (23 CFR 635) (Construction Manual, Chapter 2) | Iowa DOT | Iowa DOT | Iowa DOT |
| Concur in use of mandatory borrow/disposal sites (23 CFR 635.407) | FHWA | Iowa DOT | Iowa DOT |
| Accept materials certification (23 CFR 637.207) | FHWA | Iowa DOT | Iowa DOT |
| Concur in settlement of contract claims (23 CFR 635.124) (Construction Manual, Chapter 2) (Standard Specification 1109) | FHWA | FHWA | Iowa DOT |
| Concur in termination of contracts (23 CFR 635.125) | FHWA | Iowa DOT(2) | Iowa DOT |
| Waive Buy America provisions (23 CFR 635.410) | FHWA | FHWA | FHWA |
| Final inspection/acceptance of completed work [23 USC 114(a) and 23 USC 121] | FHWA | Iowa DOT | Iowa DOT |
| CIVIL RIGHTS |
| Approval actions as required by Federal laws and regulations | FHWA | FHWA | FHWA |
| Endnotes: (1) FHWA provided copy for review and comment. (2) Informational copy to FHWA (record keeping and reporting). (3) Exceptions for vertical clearance are subject to coordination with the Military Traffic Management Command for the "26,000 mile priority network" (mainly; the Interstate). Coordination may be accomplished through FHWA. (4) Approvals, if any, will be those required by State laws, regulations, policies, and procedures. However, this does not relieve Iowa DOT from responsibility for these areas, nor from compliance with non-Title 23 Federal requirements, which may remain applicable. (5) Typically approved by FHWA Headquarters Bridge Division unless Iowa Division Office has substantial experience with this bridge type. (6) Authorization document in FMIS should reference approvals of this type in State remarks section. (7) The term authorize in this table refers to a FMIS action. |
APPENDIX G GLOSSARY
Appendix G: Glossary
CFR – Code of Federal Regulations
FMIS – FHWA's Fiscal Management Information System that is used for project authorization and obligation and is FHWA's major financial information system.
FMIS Final Voucher – Joint project closure document that closes the FMIS record, also referred to as the project closure document for FHWA.
FMIS Project Closure – Joint, final FMIS action taken on a project that closes the FMIS record, also referred to as the final voucher for FHWA.
Grant – An award of financial assistance, including cooperative agreements, in the form of money, or property in lieu of money, by the Federal Government to an eligible grantee. The term does not include technical assistance, which provides services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees, interest subsidies, insurance, or direct appropriations. In addition, the term does not include assistance, such as a fellowship or other lump sum award, which the grantee is not required to account for.
Grantee – The government to which a grant is awarded and which is accountable for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award document.
Inherently Low Risk Oversight Projects – Routine, low risk projects and generally noncontroversial in which the State DOTs have a high-level of experience and documented procedures and processes in place for ensuring compliance with federal requirements.
Interstate Reconstruction – Additional mainline capacity, modification and/or creation of new access points, removal and replacement of the pavement structure or the overlay of an existing pavement structure more than 4" thick, modification or creation of rest areas/weigh stations, or removal and replacement of any significant part of the substructure or superstructure of an existing bridge.
Major Projects – Those projects receiving Federal financial assistance with an estimated cost of $500 million or more or projects that have been identified by the United States Department of Transportation Secretary as being "Major" because of special interest.
Non-Title 23 Requirements – Requirements of the grantee and subgrantee of the Federal-aid program that are not contained with Title 23 of United States Code. Examples of these requirements include but are not limited to Environmental, Civil Rights, Davis-Bacon wage rates, procurement of engineering and design related services, and Disadvantaged Business Enterprises that apply to all projects and are subject to review regardless of oversight process.
Process Reviews/Program Evaluations (PR/PE) – A review conducted whose primary purpose is to provide a monitoring and control technique that documents procedures and processes and further assures that Federal-aid funds are being spent in accordance with Federal laws, regulations, and policies. In addition, PR/PEs evaluate the effectiveness of the processes, procedures, and products developed by Iowa DOT in all phases of a project, as well as the internal operations of the FHWA Iowa Division.
Program Assessment – The evaluation of a program's strengths and weaknesses to make the program more effective by looking at all factors that affect and reflect program performance
Risk Assessment – The evaluation of risk for likelihood and impact.
Risk Management – The systematic identification, assessment, and management of threats and opportunities on projects and programs.
State Administered Program or Projects – Programs or Projects where FHWA has delegated and Iowa DOT has assumed responsibility for all necessary approvals and activities are in accordance with State policies, practices and standards, and Title 23, USC. Iowa DOT's assumption of FHWA's responsibility for review and approval authority does not alter the applicability of Federal laws on Federal-aid projects.
Subgrant – An award of financial assistance in the form of money, or property in lieu of money, made under a grant by a grantee to an eligible subgrantee. The term includes financial assistance when provided by contractual legal agreement.
Subgrantee – The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided.
Title 23 Requirements – Requirement of the grantee and subgrantee of the Federal-aid program that are contained within Title 23 of United States Code such as bidding requirements, planning, design standards, emergency relief, and so on.
USC – United States Code
7 Source: FHWA Contract Administration Core Curriculum Participants Manual & Reference Guide
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Contact
Wes Bolinger
Office of Program Administration 202-366-5530 E-mail Wes
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