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FHWA New York Every Day Counts Baseline Assessment and Action Plan August 15, 2012 1 Every Day Counts (EDC): Invention, Ingenuity, Imagination and Innovation FHWA New York Division and NYSDOT Baseline Assessment, FFY12 Action Plan and Accomplishments NYSDOT-FHWA Every Day Counts Dashboard Implemented Implementing Investigating Initiative page Accomplishment Summary Status Warm Mix Asphalt (WMA) 3 Special Specification developed. Proposal note/shelf note issued by EI 12-008 to allow use at Contractor’s option. 19 projects in 2010-11, more in 2012. WMA used as a test project for both lanes and shoulders of westbound I-86. Shared NYSDOT experience w/ Northeast States Asphalt User Producer Group to encourage other states to use. Prefabricated Bridge Elements and Systems (PBES) 6 Bridge Manual (Section 3.2 & 3.14) revised to incorporate PBES techniques. NY Works Accelerated Bridge Program phase 2 to utilize. Utilized on 14 bridges. I84 over Dingle Rd is an HfL and SHRP 2 R04 project utilizing PBES. Geosynthetic Reinforced Soil (GRS) 9 St. Lawrence County is national leader - 12 bridges. NYSDOT utilizing for reinforced slopes and walls. Initiated review and rollout of national manual and specifications throughout NYS. Safety Edge 11 110 projects (through June 2012) designed with safety edge. EI 10-12, effective 09/02/10, requires use for all state projects, incorporated into Highway Design Manual Chapter 3. Standard Specification under section 402. Adaptive Signal Control Technologies 13 Two pilot projects Albany & Long Island. Project development meeting held with NYSDOT, Siemens, Sensys Networks, and RPI for the Wolf Rd. ASC Lite project. Design-Build 14 Design-Build Procedures Manual (published 2005) enhanced, FHWA approved January 2012. Governor’s Executive Order allowed for Rte 42, Greene Co. emergency - road reconstruction, 2 bridge replacements, and landslide/sloop repair. Enabling legislation (signed December 2011) for 3-yr pilot. NY Works Accelerated Bridge Program - 3 design-build bundled bridge deck contracts totaling $85M under way. Tappan Zee Bridge ($5.2B) being progressed jointly between NYSDOT& NYSTA as design-build. Kosciusko Bridge replacement ($250M) between Brooklyn and Queens, Rte 347 reconstruction in Suffolk County (Long Island), and Kendrick Rd over I-390, City of

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Page 1: NYSDOT-FHWA Every Day Counts Dashboard€¦ · 15/08/2012  · Projects utilizing PBES: PIN: 4031.68 BIN: 1021750 Description: Rt. 31 over Canandaigua Outlet This was a Single Span

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 1

Every Day Counts (EDC): Invention, Ingenuity, Imagination and Innovation FHWA New York Division and NYSDOT – Baseline Assessment, FFY12 Action Plan and Accomplishments

NYSDOT-FHWA Every Day Counts Dashboard

Implemented Implementing Investigating

Initiative page Accomplishment Summary Status

Warm Mix Asphalt (WMA) 3

Special Specification developed. Proposal note/shelf note issued by EI 12-008 to allow use at Contractor’s option. 19 projects in 2010-11, more in 2012. WMA used as a test project for both lanes and shoulders of westbound I-86. Shared NYSDOT experience w/ Northeast States Asphalt User Producer Group to encourage other states to use.

Prefabricated Bridge Elements and Systems (PBES)

6

Bridge Manual (Section 3.2 & 3.14) revised to incorporate PBES techniques. NY Works Accelerated Bridge Program phase 2 to utilize. Utilized on 14 bridges. I84 over Dingle Rd is an HfL and SHRP 2 R04 project utilizing PBES.

Geosynthetic Reinforced Soil (GRS) 9 St. Lawrence County is national leader - 12 bridges. NYSDOT utilizing for reinforced slopes and walls. Initiated review and rollout of national manual and specifications throughout NYS.

Safety Edge 11

110 projects (through June 2012) designed with safety edge. EI 10-12, effective 09/02/10, requires use for all state projects, incorporated into Highway Design Manual Chapter 3. Standard Specification under section 402.

Adaptive Signal Control Technologies 13 Two pilot projects – Albany & Long Island. Project development meeting held with NYSDOT, Siemens, Sensys Networks, and RPI for the Wolf Rd. ASC Lite project.

Design-Build 14

Design-Build Procedures Manual (published 2005) enhanced, FHWA approved January 2012. Governor’s Executive Order allowed for Rte 42, Greene Co. emergency - road reconstruction, 2 bridge replacements, and landslide/sloop repair. Enabling legislation (signed December 2011) for 3-yr pilot. NY Works Accelerated Bridge Program - 3 design-build bundled bridge deck contracts totaling $85M under way. Tappan Zee Bridge ($5.2B) being progressed jointly between NYSDOT& NYSTA as design-build. Kosciusko Bridge replacement ($250M) between Brooklyn and Queens, Rte 347 reconstruction in Suffolk County (Long Island), and Kendrick Rd over I-390, City of

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FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 2

Rochester are being delivered utilizing the design-build project delivery method.

Initiative page Accomplishment Summary Status

Construction Manager / General Contractor (CM/GC)

16

Innovative construction enabling legislation (12/11) for 3-yr pilot did not include authority for CM/GC (does not prohibit either), best-value authority may allow. A CM/GC technical session is being planned for the AGC 26th Annual Construction Industry Conference December 5-7, 2012 in Saratoga Springs, NY to build support.

Enhanced Technical Assistance for Stalled EISs

17

9 active EISs. Notice to rescind Bruckner Sheridan NOI published in Federal Register June 2012. In collaboration with FHWA, NYSDOT is reducing scope, or pursuing termination activities on other 4 EIS’s.

Use of In-Lieu Fee and Mitigation Banking 18 Pilot for umbrella wetland mitigation bank being developed with the Adirondack Park; Draft Prospectus is undergoing final review. Raymond Rd. mitigation wetland bank (R4) established.

Clarifying the Scope of Preliminary Design 21

Project Development Manual guidance developed. Cost constraints being use as screening criteria on the BQE project. Cost and scope constraints utilized on the NY Works accelerated Bridge Program to identify 116 bridges for the program.

Planning and Environmental Linkages 22

Adopted PEL questionnaire. Public Involvement Manual for Planning being developed. PEL working group meetings held w/ MPOs. Training being provided by FHWA Resource Center August 22-23, 2012.

Flexibility in Right of Way 23

Conditional ROW certifications allowed in an emergency. NYSDOT interested in an FHWA pilot program for an incentive program. For appraisal waiver valuations, NYS law requires acquisition by appropriation – would require change to NYS EDL. Reviewing ROW annual for flexibility enhancements

Expanding Use of Programmatic Agreements

25

NYSHPO Section 106/4(f) agreement signed March 2011 - 2-4 weeks savings per project. Regional General Permit submitted to USACE for publication in the Federal Register. USFWS revised programmatic agreement developed. NYSDOT NEPA Categorical Exclusion Checklist improved. Joint NEPA/SEQR R.O.D. Template issued by EB 12-021.

Legal Sufficiency Enhancements 29 Early coordination between FHWA & NYSDOT avoids issues.

Flexibility in Utility Relocation and Accommodation

30 Implemented freeway exception procedure. Pilot contract provisions utilized on the Rte 42 design-build project. SHRP 2 research results being adopted.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 3

Warm Mix Asphalt (WMA) FHWA NY POC: Tim LaCoss NYSDOT POC: Russ Thielke, Materials Bureau, Office of Technical Services National Performance Metrics By

December 2011, 40 State DOTs and all Federal Lands Divisions will have a specification &/or contractual language that allows WMA on Federal-aid or Federal Lands projects. By

December 2012, at least 30 State DOTs will have achieved set targets for WMA usage.

NYSDOT developed an experimental work plan and generic specification for WMA. They currently allow six different WMA technologies, and have employed WMA on 10 projects. A NYSDOT special specification is available and is being piloted on several projects.

Work with NYSDOT to educate regional staff and designers to the purpose and benefits of WMA to increase WMA utilization. Work

closely with NYSDOT and Industry to get more WMA technologies approved, and work with NYSDOT to provide broader education of WMA to designers that will lead to increased usage on projects, if appropriate. Evaluate

with NYSDOT the existing special specification for incorporation as a Standard Specification.

A NYSDOT special specification is available and is being piloted on several projects. The Division met with NYSDOT Maintenance to insure that WMA would be considered for 1R (VPP) projects, worked with NYSDOT to deliver a presentation on WMA to the NYS Thruway Authority, and worked with NYSDOT in presenting WMA technologies at Regional meetings to increase utilization.

WMA used as a test project and included paving truing and leveling, binder, and top for both lanes and shoulders of westbound I-86. The WMA was placed over crack and seated PCC pavement and was 2 miles in length. The remaining 3 miles of paving was completed using hot mix asphalt. The WMA compaction results were similar to that of HMA. (D261457).

NYSDOT, in conjunction with the Division, is working closely with the North East Asphalt User-Product Group (NEAUPG) to develop a Warm Mix Asphalt (WMA) approval process for WMA technology in order to gain approval for a qualified product list. NYSDOT’s WMA Approval Process is being utilized to establish a WMA specification framework that would be applicable to all New England States.

NYSDOT’s WMA Technology Evaluation/Approval Process was accepted by the other Northeast States with minor modifications (some that we identified/requested). This Regional evaluation process will work similar to a NTPEP type of evaluation on a Regional level. When a state evaluates a technology, the information will be

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 4

shared with the other states. Each state will have the option to add the technology to their approved list based on the evaluation done by the other state, request additional information to help determine approval, or not approve the technology. Most states have already agreed to accept NYSDOT’s approved list of WMA Technologies without further evaluation. In the future, NYSDOT will be able to approve technologies based on other states’ evaluation under this regional program. Representatives from FHWA, NTPEP, and several non-Northeast states have been provided copies of the process for consideration.

NYSDOT anticipates developing a proposal note/shelf note for 2012 that would allow contractors to use approved WMA technology when HMA items are bid. In essence, this would result in a permissive specification, similar to several other states (i.e. bid standard 402 HMA item and contractor has the option to supply a mix utilizing WMA technology.

See attached files (9 projects in 2010, 10 projects in 2011) for list of projects. Bid prices, production/construction evaluations, and notes from follow-up meetings with the producer, contractor and Region project staff are (or will be when completed) available for the majority of the projects. This information will be summarized in a report as part of our WMA Experimental Features Project.

The proposal note/shelf note (mentioned above) to allow the use of WMA technology when HMA items are

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 5

specified has been drafted and reviewed through the Official Issuance System. Minor comments are being addressed and we expect the EI issuing the note to be signed and issued in January 2012.

A regional special spec to require the use of WMA technology was also developed (modified experimental specification).

EI 12-008 officially issued the proposal note allowing Contractors the option to use WMA technology when HMA items are bid.

In addition to meeting the goals set for NYSDOT through the EDC initiative, we have helped other northeast states with their implementation of WMA by sharing our experience and advancing the Northeast Region WMA Technology Evaluation Program (through the Northeast States Asphalt User Producer Group) that benefits both the states and technology providers.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 6

Prefabricated Bridge Elements and Systems (PBES) FHWA NY POC: Dan Byer NYSDOT POC: Wahid Albert, Structures Design Bureau, Office of Structures National Performance Metrics By

December 2012, to accelerate bridge construction, 100 cumulative bridges have been designed and/or constructed rapidly using PBES. By

December 2012, 25 percent of single- or multi-span replacement bridges authorized using Federal-aid have at least one major prefabricated bridge element that shortens onsite construction time relative to conventional construction.

NYSDOT is well aware of this technology and has deployed PBES when they determine that construction time is a higher priority over added costs. NYSDOT

has also rolled bridges into place using false work.

Review NYSDOT's project development process and Structure’s design process & guidance to verify and/or encourage that it includes PBES consideration. Collaborate

with NYSDOT to update their Bridge Manual to include decision matrix/criteria for using PBES. Track the

number of projects utilizing PBES technology. Monitor

results of SHRP 2 products, for potential implementation by NYSDOT, from projects R04 “Innovative Designs for Rapid Renewal,” R19(A) “Bridges for Service Life beyond 100 Years: Innovative Systems, Subsystems, and Components,” and R19(B) “Durable Bridges for Service Life beyond 100 Years: Service Limit Design.”

Began discussions w/NYSDOT regarding their project development process in regards to encouraging PBES. Researched PBES definition

expected to be used nationwide for technology implementation and deployed/implemented tracking sheet w/NYSDOT. The NYSDOT Bridge

Manual was revised to incorporate a section on accelerated bridge construction and the use prefabricated bridge elements and systems (Section 3.2 and 3.14). The Department is in the

process of preparing a proposal for an Accelerated Bridge Program; this proposal if approved will include extensive use of PBES. NYSDOT project I84 over

Dingle Rd. is an HfL and SHRP 2 R04 project utilizing PBES. Projects utilizing PBES: PIN: 4031.68 BIN: 1021750 Description: Rt. 31 over Canandaigua Outlet This was a Single Span Superstructure replacement project with Deck Bulb-Tee (DBT) and field cast Ultra High Performance Concrete (UHPC) joint. This is the first superstructure to use this technology. Deck surface has a two inch asphalt overlay with membrane waterproofing. Construction was completed in 2009 under an accelerated schedule. PIN: 9120.32

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 7

BIN: 1017580 Description: Rte 23 over Otego Creek This was a Single span bridge replacement project with full depth precast concrete panels and field cast UHPC joints over steel girders. Deck surface has a two inch high performance concrete overlay. Construction was completed in 2009. PIN: 6048.22 BIN: 1043200 Description: Rte 248 over Bennett Creek This is a Single Span Bridge replacement project with DBT and UHPC joints. This bridge is being constructed in two stages. Deck surface has a two inch high performance concrete overlay. Construction is expected to be completed in 2011. PIN: 9500.61 BINs: 1031181, 103118A, 1031182, 103118B Description: I-81 NB and SB & NYS Rte 17 EB and WB over Ramp EA, US Rte 11 & Chenango River Interchange This is a large interstate interchange project involving multiple continuous multi-span, steel curved girder bridges. The contractor has the option to use full-depth precast concrete decks for four out of six structures for the interchange. Joints between panels shall be UHPC. Utilizes hidden stud pockets, 3 inch studs, haunches will be filled with UHPC. Smooth riding surface to be obtained by diamond grinding of the top of the panels after curing of UHPC joints. PIN 8701.57 BIN: 1050430 Description: Seven Lakes Drive over Ramapo River This is a single span bridge that replaced a failed bridge due to Hurricane Irene. The new Structure used precast concrete deck and approach slab panels and field cast UHPC joints.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 8

PIN: X731.30 BIN: 1067850 Description: Fingerboard Rd over I-278 This is a bridge replacement project. Two span, LL cont., Deck Bulb Tee with UHPC joints. Overlay with high performance concrete. PIN: 8062.10 BINs: 1032621, 1032622 Description: I-84 over Dingle Ridge Rd This is a Bridge replacement project using NEXT beams with full depth decks and field cast UHPC joints. Asphalt overlay with membrane is being proposed for riding surface. Superstructure of the new bridge is to be constructed along side existing bridge and moved over to the final location during weekend closure. PIN: 2134.52 BIN: 1002190 Description: Rte. 5 over Sconondoa Creek This is Single span superstructure replacement project using NEXT beam with full depth deck and field cast UHPC joints. Deck surface is two inch asphalt overlay with membrane waterproofing. PIN: 5051.10 BINs: 5039651, 5039652 Description: I-190 over Buffalo Avenue This is a Single span superstructure replacement project. Existing structure is a three span bridge, which will be converted to a single span by filling the area under the shoulder spans using GRES and CLSM, converting the piers to abutments. Inverset units with field cast UHPC joints are being planned for the superstructure precast pedestals and approach slabs are being considered. Two inch asphalt overlay with membrane waterproofing will be the deck surface. Superstructure replacement operation is being planned

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 9

as a weekend closure operation.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 10

Geosynthetic Reinforced Soil (GRS) FHWA NY POC: Dan Byer NYSDOT POC: Robert Burnett, Geotechnical Engineering Bureau, Office of Technical Services National Performance Metrics By

June 2012, 20 states have adopted the GRS IBS specifications and special provisions within their standard bridge documents By

December 2012, a total of 30 bridges have been designed and/or constructed using GRS IBS on the NHS within 20 states and 75 bridges have been designed and/or constructed using GRS IBS off the NHS

NYSDOT has not deployed the specific technology that is being promoted, however they have, and do use, GRS for highway embankments and an occasional temporary installation to support a bridge. Use of this technology for bridge abutments raises concerns regarding durability and longevity. St. Lawrence County in northern NY has used GRS IBS on 2 bridge projects, which are being highlighted at the EDC summits, and have applied for FHWA IBRD funding for a third project, and plan on 3 additional non-Federal projects in 2011.

Attend GRS validation session in Defiance, Ohio.

Review NYSDOT's GRS specification and guidance for conformity and verification with state-of-the-art practices. Track the

number of projects utilizing GRS technology. NYSDOT

concerned about GRS use on bridges with potential for scour; will consider pilot on single span grade separation structures.

Initiated review, and are in the process of rolling out nationwide manual and specification throughout New York State. A workshop on GRS/IBS at

the Northeast States Geotechnical Engineers meeting held in Portland, Maine in Fall 2011 was presented by Daniel Alzamora, a geotechnical engineer from the FHWA Resource Center in San Francisco and the designated national expert. The Every Day Counts

initiative and Geosynthetic Reinforced Soil (GRS) was an important topic of discussion at the AASHTO T-15 2011 mid-year meeting. NYSDOT has not yet

embraced the GRS/IBS technology for bridge abutments, as we are concerned about its performance during scour events. New York State, however, is a national leader in the deployment of this technology because St. Lawrence County has designed or constructed 12 of these structures and is very enthusiastic about them. St. Lawrence County has built

12 GRS-supported bridges. Feedback on their experience:

1. Q: Do they always put the new GRS bridge abutments behind the old abutments which remain in place? A: So far, yes.

2. Q: Do they ever add sheeting or stone fill to improve scour protection. A: Not yet. But many streams in St. Law. Co. originate in flat lands, so water velocities are low (typically 1 to 2 fps).

3. Q: What type of concrete

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 11

wall blocks do they use, wet or dry cast? A: Dry cast; with no durability problems noted.

4. Q: What is their maximum bridge span so far? A: 95 feet, because they have been using locally precast concrete beams, and their forms are limited to 100 feet. They are planning on using steel beams for a 115 foot bridge this year.

5. Q: Have they built any culverts with GRS fills or wingwalls? A: Not yet.

Reviewed hydraulics and

prepared scour calculations for the CR 47 over Trout Brook St. Lawrence County project. We continue to use

geosynthetically reinforced slopes and walls. We have not gone to the thin eight inch layers that GRS/IBS promotes, but are staying with a more economical 18 inch lift thickness. Given our recent problems with flooding and scour, it appears that use of GRS will be limited for bridge abutments. NYSDOT hosted the EDC

Exchange on GRS-IBS at six locations with 38 participants (14 NYSDOT, 14 Municipality/County/Consultant) on February 16, 2012.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 12

Safety Edge FHWA NY POC: Emmett McDevitt NYSDOT POC: Pratip Lahiri, Design Quality Assurance Bureau, Office of Design National Performance Metrics By

December 2011, 40 State DOTs will have used the Safety Edge on projects and 15 State DOTs and all Federal Lands Divisions have adopted safety edge specifications. By

December 2012, 40 State DOTs will have adopted the Safety Edge as a standard for paving projects.

NYSDOT approved EI 10-12 “Shoulder Edge Wedge for Hot Mix Asphalt (HMA) Pavements” on 4/14/10. This EI requires the use of shoulder edge wedges for binder and top courses for all [state] projects with new or reconstructed pavements, beginning with the 9/2/10 letting. The EI has been incorporated as a standard specification under section 402.

Track the number of projects utilizing the Safety Edge Paving Technology. Collaborate

with NYSDOT to incorporate into Chapter 3 of the Highway Design Manual

NYSDOT approved EI 10-12 “Shoulder Edge Wedge for Hot Mix Asphalt (HMA) Pavements” on 4/14/10. This EI requires the use of shoulder edge wedges for binder and top courses for all [state] projects with new or reconstructed pavements, beginning with the 9/2/10 letting. The EI has been incorporated as a standard specification under section 402.

The Division has met w/NYSDOT and the asphalt industry to ensure that this specification will be fully implemented, and confirmed that NYSDOT and the industry fully supports this initiative.

Department staff participated in the FHWA Safety Edge Webinar held on May 23, 2011 and June 6, 2011 to support the use of safety edge as incorporated in NYSDOT policy by EI 10-012.

New York State was highlighted the week of June 10,

2011 on the FHWA’s EDC website “Who’s making Every Day Count?” page: “On June 6, FHWA presented “The Basics of Roadside Design - How to Create a Forgivable Roadside” to the Highway School Conference of the 11 Cornell Local Roads Program (New York’s Local Technical Assistance Program). The presentation included an overview in the morning and two 1.5 hour workshops in the afternoon, which detailed the general guidelines associated with roadside design and the Safety EdgeSM, an Every Day Counts initiative technology. The conference was attended by over 700 county and local agency highway superintendents.”

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 13

After running an analysis of all projects that were let and subsequently awarded since August 2010 we have identified 12 contracts that met the safety edge policy requirement.

From June 2011 to June 2012, the safety edge was designed into 110 NYSDOT let projects.

EI 10-012 has been incorporated in the HDM Chapter 3 as a related Official Issuance.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 14

Adaptive Signal Control Technologies FHWA NY POC: Mike Schauer/ Art O’Connor NYSDOT POC: Todd Westhuis, Office of Traffic Safety & Mobility, Operations Div. National Performance Metrics By

December 2011, ASCLite will be comprehensively evaluated and demonstrated to underscore the opportunities and benefits of using Adaptive Control Technology. By

December 2012, ACT / EDC Tools will be utilized by 40 agencies to guide the implementation of arterial management and traffic signal projects which improve safety and reduce congestion.

NYSDOT has two projects planned to pilot Adaptive Signal Control this year: Wolf Road in Albany, and a location in Long Island. They have also proposed a project in the SPR program for a site in White Plains.

Assist NYSDOT, NYCDOT and others with Adaptive Signal Control TechnologyLite projects. Implement

the two planned pilot projects.

Worked with NYSDOT to obtain SPR funding for the Albany area pilot project. Participated in a project

development meeting with NYSDOT, Siemens, Sensys Networks, and RPI concerning the Wolf Road ASC Lite pilot project. Held discussions with

Region 10 staff on the location and expected outcome on the ASC deployment on Long Island.

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Initiative Baseline (as of 11/1/10) FY12 Action Plan Accomplishments

FHWA New York Every Day Counts – Baseline Assessment and Action Plan – August 15, 2012 15

Design-Build FHWA NY POC: Chris Gatchell NYSDOT POC: Rich Lee and Steve Zargham, Office of Design, Engineering Division National Performance Metrics By

December 2011, increase the number of DB contracts executed Federal-aid or Federal Lands projects by 50%. (Target based on past 3-year average).

New York State DOT does not have legislation that allows the use of design-build for highway projects. NYSDOT does have a design-build procedures manual drafted in 2005 that meets FHWA regulations (and is the basis for AASHTO’s D-B web site) so that they could be ready to implement DB if allowed by legislation. Design-build can be used for locally-administered projects if the municipality has the appropriate legislation. New York City and the Erie Canal Harbor Development Corporation (a subsidiary of the ESDC) have design-build legislation in place. NYCDOT completed a Federal-aid D-B project overseen by NYSDOT.

Monitor NYSDOT’s effort in advancing the D-B legislation as a departmental bill in SFY 11-12 If

legislation is successful, work with NYSDOT to update their D-B Manual to reflect current Federal regulations and organizational structure.

On March 1-2, 2011, representatives from NYSDOT and the NY Division attended the NHI course on Design-Build in Portsmouth, NH. Efforts continued in 2011 to promote the passage of D-B legislation in NY. By the authority of an

Executive Order issued by the Governor on August 25, 2011 in response to damage caused by Hurricane Irene, the Department completed a Design Build project on the Rte 42 corridor in Greene County. In collaboration with FHWA,

identified enhancements to the Department’s Design Build Procedure Manual (published September 2005). NYSDOT issued updates to the Department’s Design Build Procedure Manual and obtained formal approval of the Manual on Jan 4, 2012 from the FHWA. The NYSDOT and NYS

thruway Authority have issued a For Qualifications (5 SOQ’s submitted) and a Request for Proposal to 4 qualified bidders for a $5.2B Design-Build Contract to replace the 3-mile long Tappan Zee Bridge over the Hudson River north of New York City. On December 7, 2011 the

Governor signed into law enabling legislation as a three year pilot which allows design-build, prequalification, lump sum and best value to be utilized for delivery capital projects. The Department is

implementing an Accelerated Bridge Program, as part of the NY Works program, using the design-build project delivery method. The Department has announced the best value selection for 3 design-build

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teams for bundled bridge deck replacement projects totaling $85M. The Department, as part of

the NY Works program, is progressing the $250M Kosciusko Bridge over Newtown Creek between Brooklyn and Queens Bridge Replacement Project , the Rte 347 reconstruction in Suffolk County (Long Island), and the Kendrick Rd over I-390 bridge replacement, City of Rochester using the design-build project delivery method.

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Construction Manager / General Contractor (CM/GC) FHWA NY POC: Chris Gatchell NYSDOT POC: Jim Tynan, Office of Construction, Engineering Division National Performance Metrics By

December of 2012, 100 CM/GC contracts executed on Federal-aid or Federal Lands projects. (Goal is approximately 1% of Federal aid annual program) By

December of 2012, 25 state, local, or Federal Land agencies have used CM/GC.

NYSDOT does not have legislation that allows the use of CM/GC.

Investigate opportunities for CMGC project delivery - legal, legislative issues and potential projects.

Construction Manager/General Contractor (CM/GC): Office of Legal Affairs completed a review of the CM/GC project delivery process identifying statutory changes necessary for use by NYSDOT – change necessary for the construction component as it relates to low bid. In addition, the Department consulted with other state agencies for their ability to use CM/GC. On December 7, 2011 the

Governor signed into law enabling legislation as a three year pilot which allows design-build, prequalification, lump sum and best value to be utilized for delivery capital projects. The legislation did not include authority for CM/GC but did not preclude it either - It appears that CM/GC maybe allowed under this legislation using best-value selection process. Tom Wiser, NYSDOT, Nick

Choubah, NYSDOT, and Dan Wood, FHWA attended the CM/GC Peer Exchange in Boston on May 23-24, 2012. A joint construction industry -

engineering industry-FHWA-DOT CM/GC technical session is being planned for the AGC 26

th Annual

Construction Industry Conference December 5-7, 2012 in Saratoga Springs, NY.

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Enhanced Technical Assistance for Stalled EISs FHWA NY POC: tbd NYSDOT POC: Mary Ricard, Design Quality Assurance Bureau, Office of Design and Kyle Williams, Environmental Science Bureau, Office of Environment National Performance Metrics FHWA

will apply Technical Assistance teams to resolve NEPA issues on five ongoing EIS’s and have these EIS’s completed within 48 months from NOI to ROD. On

projects selected which have exceeded 48 months, Technical Assistance teams within 90 days of issue identification will assess ongoing issue and provide proposal on issue resolution or recommend to State DOT / FHWA Division office to rescind the EIS.

The Division currently has approx. 11 active EIS. In FY11, the Division will develop strategies with NYSDOT for each active EIS.

NYSDOT Design Quality Assurance Bureau and Environmental Science Bureau meet regularly with District Operations staff. Agenda includes reviews of EIS / Major Project status.

Develop strategies for each open EIS. Hold

internal meetings on a quarterly basis to discuss the progress and issues associated with each EIS being progressed in New York. Collaborate

with NYSDOT to update their Project Development Manual (PDM) process guidance to reflect lessons learned from Technical Assistance teams. Continue

to work with NYSDOT on the updating, approval, rollout, and training associated with The Environmental Manual (TEM) and Project Development Manual (PDM).

Most delays, in NYS, are associated with funding and political issues; will consider for those projects with technical issues.

The environmental and district sections of the office have been working collaboratively to close stalled EISs, down-scope EISs to reasonable alternative development, and re-invigorate studies with active project management and strong FHWA leadership. To date, the Division has been able to reduce the number of EISs by 2; is in negotiations with project sponsors to down-scope an additional 2 EISs, and have targeted an additional 2 EISs for termination. Notice to rescind the

Bruckner Sheridan NOI was published in the Federal Register June 2012.

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Use of In-Lieu Fee and Mitigation Banking FHWA NY POC: Melissa Toni NYSDOT POC: Dave Graves, Environmental Science Bureau, Office of Environment National Performance Metrics FHWA

will initiate establishment of, or purchases from, 2 In-Lieu Fee and 3 Mitigation Banking Programs in States currently not taking advantage these programs by December 30, 2011.

NYSDOT does not have formal agreements to do either in-lieu fee or mitigation banking. However, NYSDOT has implemented an informal system of wetland banking throughout the state. (This has not been formalized because they do not meet all 12 requirements as defined by EPA for a formal wetland banking program). NYSDOT has not implemented in-lieu fee, but anticipates doing so in the future (possibly Tappan Zee Bridge project).

Meet with stakeholders to finalize the drafting of the APA wetland/stream umbrella mitigation banking initiative agreement, and bring it to implementation. Working

with NYSDOT, will investigate the legality of In-Lieu Fees in NYS. Assist

with the development of in-lieu fee programs in NY by working in concert with USACE if legally allowed to do so in NYS.

Compensatory Mitigation Banking Agreement NYSDOT, in conjunction with the Division, is

proposing an Umbrella Wetland Mitigation Bank to be developed within the Adirondack Park portion of New York. The bank will identify several different sites that are acceptable for wetland mitigation. The proposal will be announced in April to the state and federal resource agencies with approval action. The bank will allow project developers to use established areas for mitigation, saving up to months of project development, design, and permitting time. The intent of the bank in this region is to pilot the program for a year and expand the agreement to other areas of the state.

Draft Prospectus for an Adirondack Park Wetland Bank completed with Team conference call held on 7/26; A Revised draft prospectus was sent to Team (which now includes NYSDEC) on 8/12/11 for final review. Team comments have been addressed in revised draft. Meeting was held on February 2, 2012 with NYSDEC to discuss.

FHWA presented an overview of the details in the Adirondack Banking Prospectus at the annual New York State Wetlands Forum on March 27, 2012. New York State was recently highlighted the week of March 23, 2012 on the FHWA’s EDC website “Who’s making Every Day Count?” page for this presentation: “Compensatory Mitigation Banking Pursued on Project On Tuesday, March 27, the FHWA presented an overview of the details in the Adirondack Banking Prospectus at the Annual “New York State

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Wetlands Forum.” As the FHWA continues to assist the New York State Department of Transportation in exploring and advancing opportunities for he use of Compensatory Mitigation Banking, the Prospectus (an introductory document to an agreement that will formalize the Adirondack Park as a service area to host as series of mitigation banking sites that will be utilized to offset impacts that result from transportation projects in the park) is under review by the U.S. Army Corp of Engineers, prior to the FHWA’s request for public comment in the Federal Register. Compensatory Mitigation Banking arrangements have been identified as an Every Day Counts initiative for streamlining project delivery.”

Draft prospectus interagency review completed with comment resolution underway. Draft prospectus presented to Adirondack Park Agency Board of Directors at May Public Meeting.

Mitigation Banking Applied to Project On March 21, 2011 NYSDOT Region 4 purchased

one acre (1 credit) of restored functional wetland from the Raymond Road Mitigation Bank. This wetland bank is USACE approved and permitted and was created by D. G. Marfurt Development Company. The credit was purchased for $40,000.

New York State was highlighted the week of March 23, 2012 on the FHWA’s EDC website “Who’s making Every Day Count?” page: “In-Lieu Fee Agreement Introduced On Monday, March 26, the FHWA coordinated a presentation, by an industry professional, to introduce the process for the approval and use of In-Lieu Fee agreements as an alternative compensatory mitigation option. Based on

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expressed interest from the New York State Department of Transportation (NYSDOT), the presentation was attended by NYSDOT, New York State Thruway Authority, and FHWA. In-Lieu Fee agreements have been identified as an EDC initiative for streamlining project delivery. “ (Note: Staff like the efficiencies and effectiveness potential of the approach, however funding mechanisms still need to be addressed.)

NYSDOT hosted the EDC Exchange on MB and ILFP at five locations with 39 participants (36 NYSDOT, 13 Municipality/County/Consultant) on June 21, 2012.

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Clarifying the Scope of Preliminary Design FHWA NY POC: Alicia Nolan NYSDOT POC: Steve Zargham, Design Quality Assurance Bureau, Office of Design (Dan Hitt and Shelah LaDuc, Office of Environment will assist as needed.) National Performance Metrics 50%

of State DOT’s will have adopted definition of Preliminary Design in project development policies, procedures or recommended practices for Federal-Aid projects. For

States which have adopted and implemented the Directive, 50% of the Federal-Aid projects initiated after adoption will have utilized flexibility by December 30, 2011.

NYSDOT’s Project Development Manual does provide detailed definitions of what is allowed in Preliminary Design. The Division will compare the new directive with NYSDOT’s manual to determine if there are additional areas of flexibility. Additionally, the Division has focused efforts on working w/projects sponsors to “right-size” the environmental class of the projects by allowing them to conduct a sufficient level of design to understand the scope of issues before determining the class.

Environmental Specialist conducts training at the MPOs/Regions to identify the various steps and activities that could be done in planning and how to roll these activities into the project development process (target 4 training sessions, one in each quarter). Collaborate

with NYSDOT to update their Project Development Manual (PDM) process guidance to “right size” environmental classifications and reflect additional areas of flexibility identified by the Division.

The Division has conducted fiscal constraint discussions with NYMTC. Cost constraint is

being used as a screening tool for the BQE project. This should progress towards eliminating unreasonable alternatives and allow the acceleration of NEPA decision making. This is one of the first times NYSDOT is using cost constraint as a screening criteria. Cost and scope

constraints were used as screening tools in the development of the NYSDOT’s Accelerated Bridge Program (116 bridges rehabilitated as part of the Governor’s NY Works Program). (See also PEL initiative

below).

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Planning and Environmental Linkages FHWA NY POC: Alicia Nolan NYSDOT POC: Janine Simonsen, Statewide Planning Bureau, Policy and Planning Division (with assistance from Dan Hitt and Shelah LaDuc, Office of Environment) National Performance Metrics F

HWA will ensure that 100% of States are trained in the PEL components of EDC, and that 50% of States have implemented the PEL Questionnaire or equivalent (e.g. through standard operating procedures) by December 30, 2011.

NYSDOT has not adopted a PEL questionnaire, but is interested contributing to the development of a national PEL questionnaire. Many of the PEL components are incorporated into other NYSDOT practices. NYSDOT recently completed Public Involvement Manual for Planning. NYSDOT is

finalizing Rural Consultation Procedures Manual (for non-MPO areas).

Establish working group (MPO, NYSDOT and FHWA) to discuss development of PEL checklist/ activity. Meet to develop strategies on PEL activity. Develop tool to be used. Re-write,

if necessary, guidance for MPO’s and in Department’s PDM (to align language). MPO

Planners attend at least 4 scheduled technical/policy meetings of the MPOs that they cover. Report any project related activities back to the District team leader and respective Area Engineer. The Area Engineer should attend at least one of those meetings as well with the Planner. For

ongoing corridor or significant project studies, the Planners will coordinate with the respective Environmental Specialist and Area Engineer to attend appropriate meetings and participate in key milestone reviews of planning documents.

The Division has had several discussions with NYSDOT and the first meeting of the PEL working group will be held in April. We feel that NYSDOT has current processes in place that can be enhanced to meet the equivalent of the PEL checklist. The working group will develop strategies to identify enhancements to these existing systems. NYSDOT and the MPOs are in support of this effort, so it should be a productive working group. The PEL working group met in

October 2011. Following this meeting, NYSDOT Policy and Planning Division collected input from FHWA, NYSDOT and CDTC staff regarding the following five topics: (1) What can be done to improve planning studies so that they can be used more efficiently in the NEPA process?; (2) What can be done to inform designers that planning studies that could influence their design process exist?; (3) What studies does this initiative apply to and what ones doesn’t it?; (4) What examples do you have of studies that could have benefited from PEL and why are they good examples?; and (5) Review and comment on the PEL Checklist that is being used by several other states. The PEL working group met again in December to discuss the input received on these five topics and plan next steps. The PEL working group met

twice in May 2012. The main focus of these meetings was the development of a PEL training program for MPO and NYSDOT planning staff. Rob Ayres from FHWA will provide the training August 22-23, 2012. The test group will refine the length and content of the training. The training will then be provided to MPO and NYSDOT planning staff approximately two months after the beta test group viewing (at multiple locations throughout the state).

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Flexibility in Right of Way FHWA NY POC: Cheryl Malin NYSDOT POC: Bruce Davis, Office of Real Estate, Engineering Division National Performance Metrics O

n Federal-aid projects within a State where ROW flexibility elements could be applied, 20% of these projects will have taken advantage of the flexibility by December 30, 2011.

NYSDOT has stated that NY state law does not allow them to use the waiver valuation. Their legal counsel is still researching whether their law allows them to have incentive payments for acquisition and relocation. On the conflict of interest, conditional right of way certification, and functional replacement NYSDOT does utilize these flexibilities when appropriate.

No direct action planned as NY is an appropriation state; more appropriate for condemnation states. Investiga

te, with NYSDOT, right-of-way certification language and process improvement opportunities. Work

with NYSDOT to investigate the legality of incentive payments for business relocations.

The Division has been working w/NYSDOT to review their ROW procedures for small projects to identify possible flexibilities and time savings for these types of projects. Update form Bruce Davies,

4/03/12: Bruce Davies, NYSDOT ROW EDC point of contact): a) Appraisal waiver valuations. The Department is currently reviewing the matter. Currently, NYSDOT acquires by appropriation and therefore it appears a change in Eminent Domain Procedure Law would be necessary. b) Conflict of interest waivers. For any compensation in excess of $10,000 or more the negotiator cannot be the appraiser. NYSDOT has separate appraisal and acquisition units. b) Conditional ROW certification. These are projections which NYSDOT does allow, however it must be either be an emergency or outside the control of the acquiring agency. c) Right-of-entry for federal land transfers. These are used by NYSDOT or Locals when the federal process is excessively long but will eventually be completed. If the Federal government does not intend on completing the transfer alternative designs must be considered. d) Incentive payments.

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NYSDOT does not participate in any incentive programs at this time. However if the FHWA were to offer a pilot program NYSDOT could participate. e) Functional replacement of real property. NYSDOT, where appropriate utilizes function replacements for on system projects. NYSDOT hosted the EDC

Exchange on Flexibility in ROW at seven locations with 61 attendees (41 NYSDOT, 20 Municipality/County/Consultant) on April 19, 2012.

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Expanding Use of Programmatic Agreements FHWA NY POC: Alicia Nolan NYSDOT POC: Mary Ricard, Design Quality Assurance Bureau, Office of Design and Dan Hitt, Environmental Science Bureau, Office of Environment National Performance Metrics F

HWA will expand, revise or create 15 programmatic approaches at the state and regional scale by December 30, 2011. F

HWA will assess potential for and initiate where feasible development of regional programmatic approaches by December 30, 2011.

NY uses the national programmatic agreements routinely, especially the Section 106 and Section 4(f) agreements. NY-specific programmatic agreements in place include: E.O. 11990 Protection of Wetlands

Programmatic Agreement between NYSDOT and the NY Division Section 4(f) evaluations for Canal

System Bridges over the National Register Eligible New York State Canal System Adirondack Railroad - MOA between

the NY Division, NYSDOT, and NY SHPO regarding the rehabilitation and reactivation of the Remsen/ Lake Placid Travel Corridor.

The Division

is working on a NY-tailored Section 106 programmatic agreement, and process agreements for Section 404, Endangered Species Act, and Coastal Consistency.

Propose a Section 10 & 404 Transportation General Permit (TGP) to streamline permitting process for the majority of projects advanced by NYSDOT. For

activities not covered by TGP: 1) Evaluate use of existing PCN Checklist and update if necessary. 2) Collaborate with NYSDOT to prepare guidance for use of NWP #23, applying for IPs and for dealing with Emergencies. Working

with NYSDOT, propose FHWA / USACE Agreement. Model after FHWA / USCG MOU for NEPA and Executive Orders. Collaborat

e with NYSDOT to complete and implement process guidance to reflect expanded use of agreements for addressing the Endangered Species Act, and Coastal Consistency when advancing Element Specific work. Collaborat

e with NYSDOT to complete and implement update of the checklist for NEPA Automatic and Programmatic Categorical Exclusions (already in progress).

The New York SHPO signed a letter on 3/3/11 programmatically acknowledging FHWA’s intent to use their Section 106 concurrence as the basis for making a Section 4(f) de minimis impact finding. Time savings of 2 to 4 weeks or more per project will be realized by FHWA and partners because we no longer have to seek SHPO acknowledgement on a case-by-case basis.

The NYSDOT / FHWA / SHPO working group is making revisions to draft guidance that will streamline Section 106 requirements for the Safe Routes to School Program. This guidance is based on the Draft Section 106 Procedures for Element-Specific Projects: Activities that are Undertakings with No Potential to Cause Effects on Historic Properties. As components of the Section 106 PA, both are anticipated to be ready for review during the upcoming quarter.

We are proposing a programmatic agreement for federal wetland permitting, to replace the existing method of permitting. The proposal will be submitted to the U.S. Army Corps of Engineers within the next few weeks. NY currently does not have any streamlining tools for permitting. As a result, a large portion of the transportation projects that require wetland permits are delayed, sometimes substantially, between the NEPA decision and letting the contract. The agreement lays out a process that removes the guesswork with respect to obtaining wetland permits and allows the DOT to better predict timeframes. Within the next several weeks, the final document will be formally proposed to both the NY District and the Buffalo District USACE.

New York State was highlighted the week of April 18, 2011 on the FHWA’s EDC website “Who’s making Every Day Count?” page:

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“As part of the Every Day Counts “Shorten Project Delivery” initiative, FHWA has proposed a Transportation Regional Permit for Federal wetland permitting to the New York and Buffalo Districts of the U.S. Army Corp of Engineers. FHWA, the New York State Department of Transportation, and the New York State Thruway Authority developed the Transportation General Permit documents to clearly define roles and responsibilities, standardize wetland permitting timeframes and products, and provide better consistency and predictability for the statewide transportation program.”

The Regional General Permit was submitted to the USACE in April 2011.

Based on comments to the April submittal, a revised version of the RGP was submitted to the USACE by FHWA on November 29, 2011. This submittal requests that the USACE publish the RGP in the Federal Register as soon as practical.

The USACE Buffalo and New York Districts reviewed and are consolidating comments to be provided to FHWA in late June prior to publishing in FR.

The NY Division has proposed a Programmatic Agreement to the U.S. Fish and Wildlife Service for concurrence with blanket determinations of “No Effect” on certain types of projects. The USFWS has agreed conceptually to the proposal. The Blanket No Effect Agreement will allow about 35 types of projects to proceed without FHWA concurrence with respect to Section 7 of the Endangered Species Act, saving several weeks of project development time. Currently, the proposed agreement is being amended and will be resubmitted to the USFWS within the next few months.

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Element Specific Activity descriptions were developed and provided to FHWA by NYSDOT on 12/20/11. The revised agreement will be resubmitted to USFWS by FHWA in early 2012. NYSDOT, in conjunction with

the FHWA Division office, has developed a proposed Programmatic Agreement for Coastal Zone Management Consistency Reviews. The proposal has been submitted to the NY Department of State for their signature, which is expected within a few weeks. The Agreement issues a determination for 40 types of projects, certifying that the projects meet the conditions of the Coastal Zone Management program and are blanket certified. For projects within coastal areas, it is expected that the agreement will save 3 to 4 weeks of project development time by eliminating the need for the Department of State to issue a case-by-case determination. The Programmatic Agreement

for Coastal Zone Management Consistency Reviews was revised to allow use in locally administered, federal aid projects, and was sent to FHWA for review on November 25, 2011. Following FHWA concurrence, it was resubmitted to DOS for approval in early 2012. DOS and NYSDOT signed final agreement in May which will be issued by NYSDOT EB in late July 2012 - clearance review comments due August 1, 2012. The Division has proposed a

Process Agreement to the U.S. Fish and Wildlife Service for projects that may involve impacts to Indiana Bat habitat. The current process involves the state DOT submitting an evaluation to FHWA, and then FHWA submits the evaluation to the USFWS for concurrence. Most projects involving the cutting of trees are required to go through this process. The new Process Agreement will allow the state DOT to submit the evaluation directly to the USFWS, saving two to three weeks of project

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development time. The USFWS has agreed to the proposal verbally and we expect the agreement to be finalized within the next several weeks. NYSDOT has prepared a draft

Joint NEPA/SEQR R.O.D. Template. This draft was based on research conducted by FHWA and was submitted to FHWA by NYSDOT for sufficiency review on 12/15/11, comments received and internal NYSDOT Clearance completed. Issued by EB 12-021. FHWA sufficiency review and

NYSDOT Clearance review completed in April 2012. Final Template will be issued by NYSDOT EB in June 2012. The NYSDOT NEPA Categorical

Exclusion Checklist is being revised to improve clarity and utility. The current CatEx Checklist is being replaced with 3 standardized and inter-related components: an Environmental Checklist; a NEPA Documentation Worksheet with certification; and a Checklist of other FHWA Approvals. FHWA and NYSDOT met in April 2012 to discuss draft documents. Draft is being refined and agencies will meet again over the summer to finalize.

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Legal Sufficiency Enhancements FHWA NY POC: Alicia Nolan NYSDOT POC: Dan Hitt, Environmental Science Bureau, Office of Environment National Performance Metrics H

CC will provide a final legal sufficiency determination within a maximum of 15 days of receipt of the Final EIS or Final 4(f) Evaluation. This assumes that early legal involvement has been initiated by the Division and HCC concludes the identified legal issues have been satisfactorily addressed.

The Division routinely coordinates w/legal early and often throughout the project development, so delays related to legal sufficiency are not an issue in New York. (Legal Council is housed in the Division office, which greatly facilitates coordination.)

No action planned.

No improvements are necessary - already in-place; coordination and collaboration will continue.

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Flexibility in Utility Relocation and Accommodation FHWA NY POC: Joe Mondillo NYSDOT POC: Rich Lee and Steve Zargham, Office of Design, Engineering Division National Performance Metrics B

y December 2011, every state will use a new agreement, construction provision or reimbursable agreement to expedite the accommodation or relocation of utilities.

The Division is working on an exceptions policy for longitudinal access along limited access highways.

NYSDOT Highway Design Manual (HDM) Chapter 13 advocates coordination, early and often -- identify what facilities are out there (use of SUE, etc.) and design around them if at all possible -- avoiding potential conflicts and relocations to “accelerate delivery.”

Discuss with NYSDOT the results of FHWA’s exception policy effort; implement policy changes as agreed upon. Jointly

with NYSDOT, discuss with PennDOT their permit execution process (ERDMS) for applicability to NYSDOT. Monitor

results of SHRP 2 products, for potential implementation by NYSDOT, from projects R15 “Strategies for Integrating Utility and Transportation Agency Priorities in Renewal Projects, ” R15(B) “Identification of Utility Conflicts and Solutions,” R01 “Encouraging Innovation in Locating and Characterizing Underground Utilities,” and R01 (A), (B) and (C).

Flexibility in Utility Relocation and Accommodation: Developed and implemented a freeway (controlled access) exception procedure; which will be incorporated into the NYSDOT Highway Design Manual in a future update. Flexibility in Utility Relocation

and Accommodation: New contract provisions for utility relocation are being developed for the emergency design-build Rte 42 project in Greene County; draft is available on the Department’s website in the Doing Business with NYSDOT section under the September 26, 2011 letting information. Flexibility in Utility Relocation

and Accommodation: New contract provisions for utility relocation have been incorporated into the Department’s Design-Build Procedures Manual. Flexibility in Utility Relocation

and Accommodation: NYSDOT staff participated in the SHRP 2 webinar Advancing Technologies for Working with Utilities: Current SHRP 2 Research. This webinar (http://www.trb.org/StrategicHighwayResearchProgram2SHRP2/RenewalWebinars.aspx) provided an overview of findings from four SHRP 2 projects: Technologies for the Storage, Retrieval, and Utilization of 3-Dimensional Utility Location Data (R01-A); Multi-Sensor Platforms for Locating Underground Utilities (R01-B); Development of Innovative Technologies for the Location of Deep Utilities (R01-C); and Identification of Utility Conflicts and Solutions (R15-B). The results of these studies are scheduled to be discussed at a session of the Fall 2011 NYSDOT Statewide Regional Utilities Coordinators Meeting. This session will include utility industry representatives. NYSDOT will continue to monitor results for SHRP 2 projects for implementation

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opportunities.

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Lead Coordinators: FHWA: Chris Gatchell, Acting Deputy Administrator ([email protected]) NYSDOT: Daniel D’Angelo, Deputy Chief Engineer, Director Office of Design & Director Recovery Act (Daniel.D’[email protected]) Statewide Transportation Innovation Council: Federal Highway Administration Jonathon McDade, Administrator ([email protected]) Michael Davies, P.E., Assistant Division Administrator ([email protected]) New York State Department of Transportation Joan McDonald, Commissioner ([email protected]) Phil Eng, Chief Engineer ([email protected]) New York State Thruway Authority Thomas J. Madison, Jr., Acting Executive Director ([email protected]) Michael A. Shamma, P.E., Assistant Chief Engineer ([email protected]) Associated General Contractors New York State, LLC Michael Elmendorf II, President & CEO ([email protected]) Karen Morrison, Vice President of Highway ([email protected]) The General Contractors Association of New York, Inc. Denise M. Richardson, Managing Director ([email protected]) Fleece Ferber, Director External Affairs ([email protected]) Construction Industry Council Ross J. Pepe, President ([email protected]) Long Island Contractors Association, Inc. Marc Herbst, Executive Director ([email protected]) Empire Sate Highway Contractors Association, Inc. James P. Wheeler, Executive Director ([email protected])

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American Council of Engineering Companies of New York Jay Simson, CAE, President ([email protected]) Kent Sopris, Government Affairs Coordinator ([email protected]) Cornell Local Roads Program/Local Technical Assistance Program Professor Lynne H. Irwin, P.E., Director ([email protected]) David P. Orr, P.E., Ph.D., Senior Engineer ([email protected]) New York State Association of Counties Stephen J. Acquario, Executive Director ([email protected]) New York State County Highway Superintendents Association, Inc. Toby Bogart, Highway Superintendent, St. Lawrence County ([email protected]) Todd Gadd, Highway Superintendent, Wyoming County ([email protected]) David Hartman, President and Highway Superintendent, Yates County ([email protected]) Vicki Charbonneau, Director, Education & Training ([email protected]) American Public Works Association New York Chapter John W. Franz, Jr., P.E., President ([email protected]) need updated email, no longer with Shumaker Bill Wright, Public Works Director, Ontario County ([email protected]) Regional University Transportation Center - City College of New York Dr. Carmille Kamga, Acting Director ([email protected]) New York State Association of Metropolitan Planning Organizations Steven Gayle, Senior Technical Associate ([email protected]) tbd, Greater Buffalo-Niagara Regional Transportation Council Environmental Protection Agency Lingard Knutson ([email protected]) Department of the Interior, U.S. Fish &Wildlife Services Steve Sinkevich, FWS Region 5 ([email protected]) U.S. Army Corps of Engineers tbd

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Potential national EDC Initiatives for round 2:

1. Organization Name: New York State Department of Transportation, Point of Contact: Dan D’Angelo ([email protected]) Description: Railroad agreements and coordination. Almost every capital project involving a railroad has issues and delays associated with coming to agreement and setting conditions for construction operations. Based upon discussions at ASSHTO meeting, this is a national issue. Improvement opportunities include model/standard cooperative agreements, streamlined permitting procedures, standard specifications and strategies for policy issues. Assuming the national high-speed rail program continues, these issues will become even more important and new issues may be created. 2. Organization Name: New York State Department of Transportation, Point of Contact: Dan D’Angelo ([email protected]) Description: SHRP 2 research results implementation, particularly the Renewal Focus Area projects. The Renewal products fall into five primary product groupings: Pavements, Bridges, Non-destructive testing, project delivery, utilities and railroads (some good suggestions on how to address some of the issues in no. 1 above). These products are the result of a national effort designed to accelerate project delivery, build safer facilities and provide longer lasting infrastructure. Implementation of these results has been identified by the new AASHTO President (Kirk Steudle) as one the organizations strategic goals. Although I would encourage implementation of all SHRP 2 products at some point, FHWA could prioritize or identify the products with completed or nearly research as individual EDC initiatives – such as R01 “Utility Locating and Characterizing,” R03 “Reducing worker and manager fatigue on rapid renewal projects,” R05 “Modular Pavement Design,” R06 “Non-destructive testing,” R09 “ Risk Manual for Rapid Renewal Contracts,” R10 “Innovative Project Management,” R26 “Preservation Strategies for Roadways, ” and others. Other ideas submitted by Mr. D’Angelo… 3. As with suggestion no. 2 above, the same applies to implementation of research conducted through the NCHRP program, ASSHTO TIG, ASCE, academia and others. A scan of ongoing or recently completed research may result in identification of EDC initiatives. No. 2 and 3 above provide a great opportunity for FHWA through EDC to align the efforts of different organizations where each organization strengths are recognized and appreciated (NAS/TRB – research, FHWA and AASHTO – policy, standards, and implementation). In addition, I offer the following for consideration: 4. Use of off-site detours for work zone traffic control during construction. Sharing of best practices, design guidance/criteria, tools, public communication efforts and specifications to be used for those projects where feasible will result in faster completion and higher quality products. 5. Workforce Development strategies. State DOT efforts are only as good as their employees – sharing of best practices, tools and resources to improve efficiency and effectiveness and to deploy new skills or implement new technologies would be beneficial. A focused, strategically aligned approach is more cost effective. An important area as State DOT’s travel budget and participation in national events, such as AASHTO and TRB are being limited or eliminated! 6. Program Risk Management. A recent international knowledge gaining effort has recommended several areas for implementation that would improve agency management. As there are benefits of project risk management, there are benefits with program risk management – e.g. improved decision-making, better achieve strategic objectives, clearly identify risk owners, risk mitigation strategies, identification of process improvements and improved communication. Internal Ideas Identified within the NY Division Office:

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7. Primavera Software is available throughout the USA. The NYSDOT MO Planning and Programming Section and Regional RPPMs experiences using this software confirms that Primavera is a great tool for timely programming, accurately forecasting priorities and tracking the status of programs/projects. I mentioned this software use at our office meeting with Greg Nadeau and he seemed to be very interested in promoting this software for US DOT nationwide use (Note: we need to be careful about promoting a specific software product, but generically promoting the benefits of automated program management is a worthy endeavor). 8. Develop a programmatic design program for fill/mill pavement and small bridge (50-500’ long) replacement projects (standard design report & standard design plans). For example: similar to VPP for pavement projects except include entire mill/fill scope of work. This approach will cut in half, or more, the design development and approval phase for these projects (Note: this is specific to NYSDOT developed projects and may not have national application…however, developing programmatic practices for design documentation/processes might be a good strategy to pursue). 9. ER lessons learned are a) keeping consultant agreements in place and ready for emergency work services and b) developing and maintaining a stock of temporary bridge structures in the NYSDOT’s maintenance yard for emergency services and quick restoration of damaged bridges (Note: capturing and sharing ER lessons on a national basis could prove beneficial to those that may not have recently experienced an emergency event). 10. Develop a customized Federal Aid 101 training course for Local Sponsors and require first time federal fund recipients to attend this training prior to their meetings with and project discussions with MPOs/TCs. In addition, the following concepts have high potential (need to be flushed out): 11. Highway Lighting - synthesis if ongoing lighting research to identify potential new technologies for demonstration projects. Goal is to reduce overall operating and maintenance expense of highway lighting, while considering safety and engineering factors. 12. Constructability reviews (buildability and bidability) - best practice in external or third party reviews during final design, pre-advertisement stage of project delivery. Identify best practice models; develop a maturity model, and demonstration projects. 13. Value Engineering - expand current best practices to include a lower dollar threshold than is currently legislated. Establish national performance measures for states to adapt the practice. 14. Dynamic design-bid-build - to accelerate project delivery and properly assign risk to appropriate party allow phased design packages to be bid out as project progresses. May require changes in legislation, and models and guidelines to be developed (example projects, Crown Point, emergency bridge replacements). 15. Alliance contracting - Alliancing is an innovative form of contracting that was developed in the oil and gas industry to overcome some of the drawbacks of traditional 'transactional' contracting, including adversarial win-lose behavior such as contractors seeking and litigating for contract variations to maximize profits. They involve risk sharing, with financial gain/pain sharing, and are managed through a joint governance and decision-making structure. Alliances do not suit all types of projects – being more suited to ones that are difficult to scope pre-tender, face significant construction risks, or offer opportunities for innovation. As alliances require joint decision-making and risk sharing, they are more suited to principals who are comfortable with relationship contracting, rather than transactional contracting. (http://www.bdo.com.au/resources/articles/private-and-entrepreneurial-clients/alliances)

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AASHTO highly recommended the following five initiatives for EDC round #2 (April 24, 2012): 1. Expanded Programmatic Agreements (FWS & COE) 2. Alternate Technical Concepts 3. Intersection and Interchange Geometrics 4. Epoxy Overlay Systems (to improve friction) 5. Intelligent Compaction The following seven as the next group of promising initiatives: 1. U Plan 2. 3D Modeling for Construction 3. Slide-in Bridge Construction 4. Alternative Pavement Type Bidding 5. Rumble Strips for rural 2-lane roads 6. System-wide cable guiderail 7. usRap Tools Software (Safer Roads) In addition, they recommend continuation of the following seven current EDC initiatives: 1. Planning & Environmental Linkages 2. Design-Build 3. CM/GC 4. Flexibilities in Utility Accommodations & Relocation 5. Flexibilities in ROW 6. In-Lieu Fee & Mitigation Banking 7. Legal Sufficiency