Program Operations Manual - Michigan

Program Operations Manual

A supplemental document to the

Stewardship and Oversight Agreement

between FHWA and MDOT.

LAST UPDATE: November 2020

Table of Contents

Overview of the Program Operations Manual .......................................................................................... 1

AIR QUALITY .............................................................................................................................................. 2

ASSET MANAGEMENT ............................................................................................................................... 9

BRIDGES AND STRUCTURES .................................................................................................................... 14

CIVIL RIGHTS ............................................................................................................................................ 19

CONSTRUCTION AND CONTRACT ADMINISTRATION ............................................................................. 26

DESIGN .................................................................................................................................................... 30

EMERGENCY RELIEF PROGRAM .............................................................................................................. 35

ENVIRONMENT ....................................................................................................................................... 39

FINANCIAL MANAGEMENT ..................................................................................................................... 48

INTELLIGENT TRANSPORTATION SYSTEMS (ITS) ..................................................................................... 56

LOCAL PUBLIC AGENCIES (LPA) ............................................................................................................... 62

MAINTENANCE AND PRESERVATION ...................................................................................................... 65

OPERATIONS ........................................................................................................................................... 68

PAVEMENT AND MATERIALS .................................................................................................................. 70

PLANNING ............................................................................................................................................... 74

REAL ESTATE ............................................................................................................................................ 78

RESEARCH, DEVELOPMENT AND TECHNOLOGY TRANSFER ................................................................... 84

SAFETY ..................................................................................................................................................... 87

SPECIFICATIONS ...................................................................................................................................... 90

UTILITY COORDINATION ......................................................................................................................... 93

VENDOR PROCUREMENT ........................................................................................................................ 96

APPENDIX A: Acronyms ......................................................................................................................... 100

1

Overview of the Program Operations Manual

The Federal Highway Administration‐MI Division (FHWA) and Michigan Department of Transportation (MDOT) have long worked as partners in delivering the Federal‐aid highway program (FAHP) in Michigan in accordance with Federal requirements. The primary document guiding that delivery is the STEWARD‐SHIP AND OVERSIGHT AGREEMENT ON PROJECT ASSUMPTION AND PROGRAM OVERSIGHT BY AND BE‐TWEEN FEDERAL HIGHWAY ADMINISTRATION, MICHIGAN DIVISION AND THE STATE OF MICHIGAN DE‐PARTMENT OF TRANSPORTATION (SOA). The SOA clearly defines which FAHP project actions are dele‐gated to MDOT and which are retained by FHWA. It also includes tables of program responsibilities, ap‐proved manuals and guidance documents, and performance indicators. The Program Operations Manual (POM) supplements the SOA by providing more detailed discussion and guidance on the delivery of indi‐vidual programs. This information is provided for all major program areas to help ensure that the FAHP is delivered in a manner consistent with laws, regulations, policies and good business practices.

Those using this manual should be familiar with the SOA and its relationship to the POM. In the event of a discrepancy, the SOA takes precedence over the POM.

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AIR QUALITY

Overview

The Air Quality program is composed of two parts, transportation conformity and the Congestion Miti‐gation and Air Quality Improvement program (CMAQ). Transportation conformity ensures that Federal funding and approval are only given to highway and transit activities that are consistent with Michigan’s air quality goals and that transportation activities will not affect Michigan’s ability to achieve the na‐tional air quality standards.

Transportation conformity only applies in areas designated nonattainment or maintenance for a trans‐portation‐related pollutant: ozone, particulate matter (particulate sizes 2.5 and 10), nitrogen dioxide, and carbon monoxide and for on‐road sources. Transportation activities that are subject to conformity are regional long‐range transportation plans (LRTPs), Transportation Improvement Programs (TIPs), and non‐exempt projects that receive Federal Highway Administration (FHWA) or Federal Transit Admin‐istration (FTA) funding or approval.

One means to improve air quality is through the implementation of the Congestion Mitigation and Air Quality Improvement Program. The CMAQ program provides a flexible funding source to state and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act (42 U.S.C. Paragraph 7506 Section 176(c)). Projects or programs funded by CMAQ must show a quantitative reduction in emissions. Projects must be located within or show benefit within a nonattain‐ment, maintenance area, or former nonattainment/maintenance area.

Background/History

Transportation Conformity:

The Clean Air Act (CAA) was established to improve air quality, protect public health, and to protect the environment. The CAA has been amended over the years, most significantly in the 1990s. The Clean Air Act as Amended (CAAA) requires the U.S. Environmental Protection Agency (EPA) to set, review, and pe‐riodically revise the National Ambient Air Quality Standards (NAAQS). There are six NAAQS pollutants:

Ozone (O3) Nitrogen dioxide (NO2) Carbon monoxide (CO) Lead (Pb) Sulfur dioxide (SO2) Particulate matter (PM), is subdivided into particulate sizes:

o Less than 10 micrometers in diameter (PM10) o Less than 2.5 micrometers in diameter (PM2.5)

Generators of air pollution are classified into four main types: stationary sources (industrial, refineries, and electric utilities), area sources (dry cleaners, paints, and solvents), non‐road mobile sources (boats, aircraft, trains, and construction equipment), and on‐road mobile sources (commuter rail and vehicles expected to be on roadways such as cars, trucks, and buses).

The CAA links together air quality planning and transportation planning through the transportation con‐formity process. Air quality planning is controlled by Michigan’s State Implementation Plan (SIP) which includes the state’s plans for attaining or maintaining the NAAQS. The primary transportation planning tools are the metropolitan Long‐Range Transportation Plan (LRTP) and Statewide and metropolitan

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Transportation Improvement Program (STIP/TIP). Transportation conformity ensures that Federal fund‐ing and approval are given to highway and transit activities that are consistent with the SIP and that these activities will not affect Michigan’s ability to achieve the NAAQS.

Transportation activities that are subject to conformity are LRTPs, TIPs, and all non‐exempt federal pro‐jects that receive Federal Highway or Federal Transit Administration funding or approval. The conformity process ensures emissions from implementing the LRTP, TIP, and STIP projects are within acceptable lev‐els specified within the SIP and meet the goals of the SIP. Transportation conformity only applies to emissions from on‐road sources for the following transportation related pollutants:

Ozone particulate matter (particulate sizes 2.5 and 10) nitrogen dioxide carbon monoxide

The SIP is a collection of documents developed by air quality partners documenting procedures to moni‐tor, control, maintain, and enforce compliance with NAAQS. According to the CAAA, transportation con‐formity ensures transportation plans, programs, and Federal projects must conform to the purpose of the SIP and will not:

create new violations of the NAAQS, increase the frequency or severity of existing violations of the NAAQS, and delay attainment of the NAAQS.

The EPA reviews the NAAQS every five years to determine if a new standard is needed. The Michigan Department of Environment, Great Lakes, and Energy (EGLE) uses monitors throughout the state to measure pollutant levels to determine if concentrations exceed the NAAQS. Through a joint process with EPA and EGLE an area is classified as either:

attainment (under the standard) nonattainment (area has more pollutant then allowed) unclassifiable/attainment (insufficient information to support an attainment or nonattain‐

ment classification; conformity requirements are the same as for an attainment area)

A nonattainment area is given a set amount of time to attain the NAAQS, depending on the level it ex‐ceeded the NAAQS. Once a nonattainment area has attained the standard for three years, the area is re‐designated to attainment and starts a maintenance period of 20 years, these areas are referred to as maintenance areas. Transportation conformity is required for areas designated nonattainment or maintenance.

Transportation conformity requires Metropolitan Planning Organizations (MPOs) to make a determina‐tion that the LRTP, TIP, and projects conform to the SIP based on the findings of a regional emissions analysis. The determination affirms the regional emissions will not negatively impact the region’s ability

Air Quality Planning

(State Implementation Plan)

Transportation Conformity

Transportation Planning

(Long Range Transportation

Plans and Transportation

Improvement Program)

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to meet the NAAQS. Conformity has a two‐step approval process. First, the MPOs must make a formal conformity determination through a resolution that the findings of a conformity analysis conform to the SIP; thus, emissions are at or below the budgets found in the SIP. Then FHWA, jointly with the FTA, after consultation with the EPA, issues a letter of concurrence with the determination.

Michigan areas currently designated as nonattainment or maintenance are shown in the table below.

Transportation NAAQS Designations in Michigan (as of August 2020) Pollutant Designation Area(s) 2015 Ozone Standard (0.070 ppm)

Nonattainment Detroit (7 counties of SEMCOG: Livingston, Macomb, Monroe, Oakland, Saint Clair, Washtenaw and Wayne), single county of Berrien, and partial counties of Allegan and Muskegon

2008 Ozone Standard (0075 ppm)

Unclassifiable/ Attainment

Entire state

1997 Ozone Standard (0.080 ppm)

n.a. (see details of South Coast II court decision)

Orphan maintenance areas (waiting for second maintenance plans): Allegan, Berrien, Cass, Muskegon, Detroit–Ann Arbor (8 counties: Liv‐ingston, Macomb, Monroe, Oakland, Saint Clair, Washtenaw, Wayne and Lenawee)

Limited orphan maintenance areas (second maintenance plans): Ben‐zie, Flint Area (Genesee and Lapeer), Grand Rapids Area (Ottawa and Kent), Huron, Kalamazoo– Battle Creek Area (Van Buren, Kalamazoo, Calhoun), Lansing–East Lansing (Clinton, Eaton, Ingham), Mason

2012 Particulate Mat‐ter (PM2.5)


Entire State

2006 Particulate Mat‐ter (PM2.5)

Maintenance Detroit–Ann Arbor (7 counties of SEMCOG: Livingston, Ma‐comb, Monroe, Oakland, St Clair, Washtenaw and Wayne)

2010 Nitrogen Dioxide


Entire Country

1979 Carbon Monoxide

Attainment Maintenance period ended July 2019, Detroit: parts of Ma‐comb, Oakland and Wayne Counties.

Source: www.epa.gov/green‐book and www.epa.gov/green‐book/designation‐and‐naaqs‐information‐related‐nitrogen‐dioxide‐1971‐standard

Congestion Mitigation and Air Quality Improvement Program:

The Congestion Mitigation and Air Quality Improvement program (CMAQ) was created in 1991 to specif‐ically fund transportation projects and programs that will contribute to attainment or maintenance of the NAAQS for ozone, carbon monoxide, and particulate matter. The CMAQ program provides funding for a broad array of tools to accomplish two important goals of the USDOT: improving air quality and re‐lieving congestion. By choosing to fund or sponsor a CMAQ project a State or local government, transit agency, or other eligible project sponsor can improve air quality and make progress toward achieving attainment status and ensuring compliance with the transportation conformity provisions of the CAA.

MDOT’s CMAQ strategy aligns with the overall purpose of the program by allocating CMAQ funds to eli‐gible counties based on nonattainment/maintenance designations and county populations. Local CMAQ project applicants are required to work with Metropolitan Planning Organizations (MPOs) or Regional Planning Agencies (RPAs) in selecting projects that are the most cost effective in reducing congestion and transportation related emissions. The Moving Ahead for Progress in the 21st Century Act (MAP‐21), and most recently, the Fixing America’s Surface Transportation Act (FAST Act), directs MDOT to use a portion of its CMAQ funds for projects that reduce particulate matter (PM 2.5) in areas designated as nonattainment and maintenance for PM 2.5.

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The CMAQ program has three Transportation Performance Management (TPM) performance measures. The requirements of these performance measures include creating two‐year and four‐year performance targets, MPO performance plans, as well as bi‐annual performance reporting. The three CMAQ‐related TPM performance measure are:

Traffic Congestion 1. PHED Measure: Annual Hours of Peak Hour Excessive Delay (PHED) Per Capita 2. Percent of Non‐SOV Travel Measure: Percent of Non‐Single Occupancy Vehicle (SOV)

Travel On‐Road Mobile Source Emissions

3. Total Emissions Reduction Measure: 2‐ and 4‐year Total Emission Reductions for each applicable criteria pollutant and precursor for all projects funded with CMAQ funds

MDOT has the primary program management responsibilities, including day to day operations, working with applicants on questions related to the CMAQ Improvement Program, organizing the Local CMAQ Call for Projects (CFP), as well as the CMAQ CFP Committee (Local CFP) and CMAQ Eligibility Team (Trunkline CFP). The CMAQ CFP Committee and CMAQ Eligibility Team, of which FHWA Michigan Divi‐sion is a member, are responsible for reviewing and determining eligibility of proposed CMAQ projects and all associated duties.

The CMAQ eligibility determinations follow the process and timeline of the STIP schedule for the Local CMAQ Call for Projects, as well as the annual Trunkline CFP via Transportation Systems Management and Operations (TSMO) templates. The CMAQ CFP Committee and CMAQ Eligibility Team meets to re‐view and discuss proposed CMAQ funded projects and emissions calculations. FHWA Michigan Division staff typically attends the CMAQ Committee when a new type of project is being proposed or per MDOT’s request. FHWA Michigan Division provides risk‐based stewardship and oversight, is available to answer questions, help convey national initiatives or areas of emphasis, and help MDOT ensure the pro‐gram operates efficiently. When needed, FHWA Michigan Division will contact FHWA Headquarters with eligibility or program questions or FTA with transit eligibility questions.

Applicable Laws, Regulations, and Orders

The following table is a collection, by topic, of the federal and state laws, regulations, and orders per‐taining to this program.


Topic Law Implementing Regulations

Clean Air Act as Amended 42 USC 7401‐7671 40 CFR 93 Subpart A

Implementation Plans 42 USC 7401‐7671 40 CFR 51

Determining conformity of Federal actions to SIP and FIP 42 USC 7401‐7671 40 CFR 93 Subpart A

Statewide and Metropolitan Transportation Planning, public consultation

23 USC 134 and 135

23 CFR 450

Public Transportation 49 USC 53 49 CFR 613

Michigan 2016 Memorandum of Agreement for Trans‐portation Conformity SIP

82 FR 17134 (April 10, 2017)

n.a.

Michigan’s Natural Resource and Protection Act 1994 PA 451, MCL 324.5501

n.a.

US Court of Appeals for the District of Columbia Circuit in South Coast Air Quality Mgmt. District v. EPA

n.a. South Coast II, 882 F.3d 1138

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CMAQ Apportionment 23 USC 104 n.a.

CMAQ Improvement Program 23 USC 149 n.a.

Federal Share Payable 23 USC 120 n.a.

Statewide and Metropolitan Planning Process 23 USC 134 & 135 23 CFR 450

National Goals & Performance Management Measures 23 USC 150 23 CFR 490

National Performance Management Measures 23 USC 134(h)(2) & 23 USC 135(d)(2)

23 CFR 490

Designation of Areas for Air Quality Planning Purposes 42 USC 7401‐7671 40 CFR 81

Key Program Areas

These are the key program areas within the program or related to the program.

Transportation Conformity Congestion Mitigation and Air Quality Improvement Program

Approved Procedures, Agreements, and Manuals


Procedure, Agreement, Manuals Latest Approval Date/Version

Anticipated due date

FHWA/MDOT Stewardship and Oversight Agreement May 2015 As needed

Transportation Conformity Guidance for the South Coast II Court Decision (EPA‐420‐B‐18‐050)

November 2018 As needed

Guidance for Implementation of Conformity in 1997 ozone Limited Orphan Maintenance Areas and Orphan Maintenance Areas in Michigan

May 1, 2020 As needed

Guidance for Transportation Conformity Implementation in Multi‐jurisdictional Nonattainment and Maintenance Areas (EPA‐420‐B‐12‐046)

July 2012 As needed

Congestion Mitigation and Air Quality Improvement Program




MDOT CMAQ Improvement Program Guidance April 1, 2020 As needed

MDOT Non‐Transit Diesel Retrofit Process May 1, 2017 As needed

FHWA CMAQ Interim Program Guidance Under MAP‐21 Nov. 12, 2013 As needed

FHWA CMAQ Emissions Calculator Toolkit Guidance Date varies by module As needed

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Project and Program Monitoring and Approval Chart

This table describes how FHWA and MDOT will conduct program related business. It is organized by activity and provides information about the relative responsibilities for both FHWA and MDOT. For additional information about all Program Responsibilities see Attachment B of the May 2015 Stewardship and Oversight Agreement.


Activity Reference Schedule/ Frequency

Responsible Agency

MDOT Action

FHWA Action Business Standard

Remarks

LRTP Conformity for nonattain‐ment or maintenance areas with TMAs

23 CFR 450.324(d) and 40 CFR 93 Subpart A

Concurrent with LRTP updates at least every 4 years or as needed for amendments

FHWA Review Review and make fi‐nal conformity de‐termination w/ FTA

Up to 30 days for EPA review

LRTP Conformity for nonattain‐ment or maintenance areas with MPOs

23 CFR 450.324(d) and 40 CFR 93 Sub‐part A

Concurrent with LRTP updates at least every 4 years or as needed for amendments

FHWA Develop Review and make fi‐nal conformity de‐termination w/ FTA


New TIP Conformity for nonat‐tainment or maintenance areas with TMAs

23 CFR 450.326 and 40 CFR 93 Subpart A

When new TIPS de‐veloped

FHWA Review Review and make fi‐nal conformity de‐termination w/ FTA


New TIP Conformity for nonat‐tainment or maintenance areas with MPOs


When new TIPS de‐veloped

FHWA Develop Review and make fi‐nal conformity de‐termination w/ FTA


S/TIP Amendments in nonattain‐ment or maintenance areas with MPOs, rural areas, TMAs


As needed MDOT/ FHWA

Participate in in‐teragency workgroup. De‐velop conform‐ity if needed in non‐TMA area.

Participate in inter‐agency workgroup. If new conformity needed make final conformity determi‐nation w/ FTA


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Activity Reference Schedule/Fre‐quency

Responsible Agency

MDOT Action FHWA Action Business Standard

Remarks

Manage the CMAQ Lo‐cal Call for Projects

23 USC 149; 23 USC 134 & 135

Every three years (aligned with STIP schedule)

MDOT Distribute CMAQ Local Call for Pro‐jects Letter and Al‐location Table to MPOs and Local Agencies

FHWA Division staff available for reviewing unique projects and tech‐nical assistance

No applicable CMAQ Program Manager works with MPOs and Local Agencies to provide all infor‐mation needed in eligibility review

CMAQ Annual Report 23 USC 149 (i) and CMAQ In‐terim Program Guidance (Nov 12, 2013)

Annually MDOT Entire required in‐formation in FHWA UPACS system

Review project data and approve report

MDOT com‐pletes project info by Feb 1st; FHWA Divi‐sion approves by March 1st

Submitted via CMAQ reporting application in FHWA UPACS system.

CMAQ performance measures

23 CFR 490 Progress report every 2 years

MDOT and MPOs

Develop statewide targets; work with applicable MPOs on CMAQ perfor‐mance report

Review perfor‐mance measure submittal

Progress re‐port due Oct 1 of even years

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ASSET MANAGEMENT

Overview

Asset management is a strategic and systematic process of operating, maintaining, and improving physi‐cal assets, with a focus on engineering and economic analysis based upon quality information, to iden‐tify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.

Background/History

FHWA established minimum standards for MDOT to use in developing and operating Bridge and pave‐ment management systems (PMS). PMS should follow the AASHTO Guidelines for Pavement Manage‐ment Systems.

The asset management plan or Transportation Asset Management Plan (TAMP) must address pave‐ments and bridges on the National Highway System (NHS), but may at the SHA discretion also include all infrastructure assets within the NHS right‐of‐way in their risk‐based asset management plan. The plan includes processes and strategies that lead to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the NHS. At a minimum the TAMP must include the following processes and sub‐elements:

Process to complete a performance gap analysis and to identify strategies to close gaps

A State DOT must establish a process for conducting a performance gap analysis that, at a mini‐

mum, will identify alternative strategies to close the gaps between the current asset condition

and (1) State DOT 23 U.S.C. 150(d) targets for asset condition for the NHS, and (2) the gaps in

the performance of the NHS that affect NHS pavements and bridges (23 CFR 515.7(a)).

Process to complete life cycle planning

A State DOT must establish a process to estimate the cost of managing an asset class at the net‐

work level (network to be defined by the State DOT) over its whole life with consideration for

minimizing cost while preserving or improving the asset condition (23 CFR 515.7(b)).

Process to complete a risk analysis and develop a risk management plan

A State DOT must establish a process for developing a risk management plan (23 CFR 515.7(c)).

This process must identify risks that can affect the NHS condition and performance, including

risks associated with current and future environmental conditions, such as extreme weather

events, climate change, seismic activity, and a summary of the evaluations of facilities repeat‐

edly damaged by emergency events, as defined in 23 CFR Part 667. The summary must discuss,

at a minimum, the results relating to the existing pavements and bridges on the NHS in the

State, and (if available) results for any other pavement or bridge included in the TAMP at the

option of the State DOT. In addition, this process should include, at a minimum, an explanation

of how risks are assessed, evaluated, and prioritized. The top priority risks must be identified

along with a mitigation plan and monitoring approach.

Process to develop a financial plan covering at least a 10‐year period

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A State DOT must establish a process for the development of a financial plan (23 CFR 515.7(d)).

A financial plan within the context of asset management means a plan spanning 10 years or

longer that presents a State DOT’s estimates of projected available financial resources and pre‐

dicted expenditures in major asset categories; can be used to achieve State DOT targets for as‐

set condition during the plan period; and highlights how resources are expected to be allocated

based on asset strategies, needs, shortfalls, and agency policies (23 CFR 515.5).

Process to develop investment strategies

A State DOT must establish a process for developing investment strategies meeting the require‐

ments in 23 CFR 515.9(f) (23 CFR 515.7(e)‐(f)). State DOT decisions about TAMP investment

strategies will involve trade‐offs amongst TAMP assets based on the results of the required

TAMP analyses (such as performance gap, life cycle plan, and risk management analyses) (23

CFR 515.7(e) and 515.9(g)). A State DOT must clearly demonstrate how its selected investment

strategies were influenced by the analyses done using TAMP processes. Any adjustment to the

selected strategies, or rebalancing funds amongst strategies, is an amendment to the TAMP that

is subject to the same requirement (23 CFR 515.13(c)).

Process for obtaining necessary data from NHS owners other than the State DOT

The processes established by State DOTs shall include a provision for the State DOT to obtain

necessary data from other NHS owners in a collaborative and coordinated effort (23 CFR

515.7(f)). State DOTs must use the best available data to develop their TAMPs (23 CFR 515.7(g)).

Process for ensuring the TAMP is developed with the best available data and that the State DOT uses bridge and pavement management systems meeting the requirements in 23 CFR 515.17 to analyze NHS bridge and pavement conditions

State DOTs must use the best available data to develop their TAMPs and must analyze the con‐

dition of NHS pavements and bridges for developing the TAMP by using bridge and pavement

management systems that meet the requirements in 23 CFR 515.17.

In 1997, the Michigan State Transportation Commission (STC) approved 10‐year aspirational condi‐tion goals for Michigan’s freeway (95 percent good/fair) and non‐freeway (85 percent good/fair) state trunkline systems, based on pavement health. A year later, the STC approved similar goals for Michigan freeway and non‐freeway bridges. Figure 3 from the TAMP displays these goals.

In addition, Figure 46 from the TAMP displays MDOT’s state of good repair (SOGR) pavement goals, us‐ing a blend of adopted targets and rating systems for meeting the adopted national and state goals.

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MDOT’s TAMP was certified by FHWA in 2019 and received consistency status in 2020.




Performance Measures 23 USC 150 23 CFR 490

Transportation Asset Management Plans (TAMP) 23 USC 119 23 CFR 515

HPMS 23 USC 315 23 CFR 1.5 23 CFR 420.105(b) 23 CFR 490 23 CFR 500

Michigan’s Transportation Asset Management Council (TAMC)

Michigan P.A. 499 of 2002 (original enabling legislation; modifications since then)

not applicable

Key Program Areas


TAMP HPMS MDOT Pavement and Bridge Condition Pavement Data Collection Transportation Asset Steering Committee (TASC) TAMC administration

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Procedure, Agreement, Manuals Latest Approval Date/ Version (if applicable)

Anticipated due date (if applicable)

HPMS Field Review Guidelines; Continuous Process Improvement Model for HPMS

June 2001; February 2003

n.a.

TAMP August 2019 April 2022

Performance Measures – states reporting in UPACS October 2020 October 2022

]

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Activity Reference Schedule/Frequency Responsible Agency


TAMP 23 CFR 515 Updated every 4 years; consistency demonstra‐tion annually

MDOT Document how invest‐ments have been con‐sistent with current TAMP. Update TAMP every 4 years.

Review and concur with consistency demonstra‐tion. Review and concur with TAMP update.

FHWA notifies MDOT of ad‐equacy of their consistency determination by July 31 each year.

HPMS 23 CFR 1.5 23 CFR 490 23 CFR 500

April 15 for NHS; June 15 for non‐NHS facilities

MDOT Submit data. Submitted to FHWA HQ; Division provides support in MDOT development.

April 15 – MDOT submits Interstate pavement data; June 15 full data is due

Performance Measures

23 CFR 490 Submit in UPACS every two years.

MDOT Set targets and report on progress. Coordi‐nate target setting with MPOs.

Review and concur with development of targets and progress.

State DOTs submit data in UPACS every 2 years.

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BRIDGES AND STRUCTURES

Overview

Key program operations activities serve to ensure structures are designed, constructed, inspected, eval‐uated, and maintained in accordance with sound engineering practices with the goal of ensuring the continued life safety of the public. Some activities are required by state/federal statute, regulation or FHWA policy. Other beneficial activities, which are not necessitated by law or regulation, are encour‐aged subject to a risk‐based approach, and resource availability.

Background/History

MDOT:

MDOT created the Bureau of Bridges and Structures, with specific focus on elevation the importance of

the bridge functions. As part of this new Bureau, a vision, mission and values were developed as follows:

Vision:

“To be well‐regarded as spanning and connecting lives, safely and efficiently”

Mission:

The Bureau of Bridges and Structures is devoted to the efficient and innovative design, construc‐tion, and active preservation of transportation structural assets, inspired by safety, resiliency, and mobility.

Values:

Proficient – Possessing exceptional competence, knowledge, and expertise, thus creating in‐fluence, and credibility

Supportive – Being responsive, reliable and dedicated to adding value, and creating trust with our customers and stakeholders

Accountable – Providing clarity of expectations, and consistently holding ourselves and each other to high standards

Agile – Integrating flexibility, and being nimble with appropriately holding to standard in the profiling of risk

Considerate – Showing careful thought, understanding, and attentiveness, in stewardship of public safety and managing transportation structural assets

FHWA:

The FHWA Division Office provides oversight of the design, construction, maintenance and inspection of highway bridges in an effort to ensure public safety, enhance quality and improve efficiency and econ‐omy. The Division Bridge Engineer has overall responsibility to ensure actions taken by the state comply with federal regulation, policy and guidance, the Assistant Bridge Engineer supports the Division Bridge Engineers efforts.

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Project approval and oversight 23 USC 106

Standards 23 USC 109

Surface Transportation Block Grant Program 23 USC 133

National bridge and tunnel inventory and inspection standards 23 USC 144

Bicycle transportation and pedestrian walkways 23 USC 217

Highway improvements strategically important to national defense 23 USC 311

Management and Monitoring systems 23 CFR 500

Projects of National and Regional Significance Evaluation and Rating 23 CFR 505

Asset Management Plans 23 CFR 515

Engineering 23 CFR 620

Design Standards for Highways 23 CFR 625

Value Engineering 23 CFR 627

Preconstruction Procedures 23 CFR 630

Construction and Maintenance 23 CFR 635

Construction Inspection and Approval 23 CFR 637

Railroads 23 CFR 646

Bridges, Structures, and Hydraulics 23 CFR 650

Truck Size and Weight, Route Designations – Length, Width and Weight Limitations

23 CFR 658

Indian Reservation Road Bridge Program 23 CFR 661

Environmental Impact and Related Procedures 23 CFR 771

General Highway Law MCL Chapters 220 – 224

Highways MCL Chapters 247, 249, 250, 252

Grade Crossings MCL Chapter 253

Bridges MCL Chapter 254

Unclassifiable/ Attainment Key Program Areas


The National Bridge Inspection Program The National Tunnel Inspection Program The NHPP and STBG Program Bridge and Structure Design/Construction/Evaluation/Management Hydraulic Design Geotechnical Design Innovative Construction Practices

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Procedure, Agreement, Manuals Version/Edition Update cycle

FHWA/MDOT Stewardship and Oversight Agreement

AASHTO Policy on Geometric Design of Highways and Streets Seventh Edition

AASHTO Policy on Design Standards – Interstate System

AASHTO Standard Specifications for Highway Bridges Seventeenth Edition

AASHTO LRFD Bridge Design Specifications Eighth Edition

AASHTO LRFD Bridge Construction Specifications Forth Edition

AASHTO LRFD Movable Highway Bridge Design Specifications Second Edition

AASHTO Standard Specifications for Structural Supports for High‐way Signs, Luminaires, and Traffic Signals

Sixth Edition

AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signs

First Edition

AASHTO Manual for Bridge Evaluation Third Edition

AWS D1.1 Structural Welding ‐ Steel

AWS/AASHTO D1.5 Bridge Welding Code

MDOT Bridge Design Manual

MDOT Bridge Design Guides

MDOT Bridge Analysis Guide

MDOT Standard Plans

MDOT Special Details Varies

MDOT Drainage Manual

MDOT Soils Manual

MDOT Structural Fabrication Quality Manual

Michigan Structure Inspection Manual

Michigan Bridge Element Inspection Manual

Evaluating Scour at Bridges (HEC‐18) Fifth Edition

Stream Stability at Highway Structures (HEC‐20) Fourth Edition

Bridge Scour and Stream Instability Countermeasures (HEC‐23) Third Edition

Ground Anchors and Anchored Systems (GEC‐4)

Shallow Foundations (GEC‐6)

Design and Analysis of Laterally Load Deep Foundations (GEC 9)

Drilled Shafts: Construction and Design Methods (GEC‐10)

Design and Construction of Mechanically Stabilized Earth Walls and Reinforced Soil Slopes (GEC‐11)

Design and Construction of Driven Pile Foundations (GEC‐12)

FHWA Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation’s Bridges

Varies

FHWA Bridge Inspector’s Reference Manual Varies

Tunnel Operations, Maintenance, Inspection and Evaluation Varies

Specifications for the National Tunnel Inventory Varies

Applicable Guide Specifications as approved by the AASHTO Com‐mittee on Bridges and Structures

Applicable technical briefs/Advisories/Technical Manuals issued by FHWA

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Responsible Agency

MDOT Action


Remarks

Reduction of Expenditures for Off‐System Bridges

23 USC 133 MDOT/ FHWA

Evaluate/ Request

Review/Provide Recommendation to FHWA Adminis‐trator

The FHWA Administrator may re‐duce the requirement for ex‐penditures for off‐system bridges if the FHWA Administrator deter‐mines that the State has inade‐quate needs to justify the ex‐penditure.

Design Standards, Policies, and Procedures

23 CFR 625

Ongoing MDOT/ FHWA

Develop/ Maintain/ Update

Review/Approve

Preliminary Engineering Stud‐ies and Project Scopes

23 CFR 625

Ongoing MDOT/ FHWA

Develop Review/Approve* FHWA review within 14 cal‐endar days

Structure design plans and specifications

23 CFR 630 Ongoing MDOT/ FHWA


Structure quality control and assurance procedures (Design, Construction and Inspection)

23 CFR 625 23 CFR 635 23 CFR 637 23 CFR 650

Ongoing MDOT Develop/ Maintain/ Update

Review FHWA to ensure QC/QA program is thorough, effective, docu‐mented and followed.

Type, Size and Location Study (Structure Studies)

23 CFR 625 23 CFR 650

Ongoing MDOT/ FHWA


18


Responsible Agency

MDOT Action


Remarks

Critical findings for all trunkline and local agency bridges/tunnels

23 CFR 650 Ongoing MDOT/ FHWA

Identify/ Address/ Notify

Review and Rec‐ord in the Na‐tional Critical Finding Database

Notify FHWA Within 24 hours of iden‐tification

Critical findings for all trunkline and local agency bridges/tunnels

23 CFR 650 Quarterly MDOT/ FHWA

Report In‐termedi‐ate/Final Actions

Review and Up‐date National Crit‐ical Finding Data‐base

Report to FHWA by the 15th of Janu‐ary, April, July, October

Requests for Action 23 CFR 650 Ongoing MDOT Develop/ Monitor/ Address

Review

NBI/NTI Program 23 CFR 650 Ongoing MDOT/ FHWA

Manage/ Ensure Compli‐ance with the NBIS/ NTIS

Review/Report Compliance with NBIS/NTIS and Provide Guidance

Every Day Counts Innovation Deployment

FHWA/ MDOT

Imple‐ment/Adopt

Promote/Moni‐tor/Assist

Within 24 months

Exempt Bridge from Coast Guard permit requirements

23 CFR 650 FHWA Re‐view/De‐termine

Determination shall be made at an early stage of project devel‐opment so that any necessary coordination can be accom‐plished during environmental processing.

*For Projects of Division Interest (PoDI)

19

CIVIL RIGHTS

Overview

The Federal Highway Administration (FHWA) works with MDOT and local departments of transportation to design, construct and maintain our public highway systems. Together we ensure fair and equitable delivery of our programs and services. Therefore, public transportation agencies must comply with civil rights requirements established for these purposes. These requirements primarily include Title VI, Disad‐vantaged Business Enterprise (DBE), and the Americans with Disabilities Act Section 504, or ADA/Section 504.

Continual emphasis and monitoring of Civil Rights programs by FHWA and MDOT occurs on a regular ba‐sis. The purpose of MDOT’s Civil Rights programs is to protect the rights of those employed in, benefit‐ing from, or affected by the FHWA or the programs, policies and activities of its recipients, or contrac‐tors. Every Federal‐Aid highway project/program must be in compliance with some aspect of Civil Rights laws, statutes, and/or executive orders regardless of whether the program service, or activity is Feder‐ally funded.

Background/History

The Civil Rights Program stewardship and oversight includes various reports, conducting program re‐views, providing technical assistance, attending periodic and regularly scheduled meetings, participating in workgroups and/or committees, advising Division Leadership on significant findings, and responding to inquiries from Headquarters, Congress, and other interested parties.


The following table is a collection, by topic, of the Federal and state laws, regulations, and orders per‐taining to this program.


Disadvantaged Business Enterprise (DBE)

DBE Uniform Awards and Commitment Report 49 CFR 26, Appendix B

Annual Analysis and Corrective Action Plan (if necessary) 49 CFR 26.47(c)

State DBE Program Goals 49 CFR 26.45(f)(1)

DBE SS Quarterly Update 23 CFR 230.204(g)(6)

DBE SS Annual Report 23 CFR 230.204(g)(6)

On‐The‐Job Training Program (OJT)

OJT SS Quarterly Update 23 CFR 230.121(e)

OJT SS Annual Report 23 CFR 230.121(e)

OJT Training Goals and Accomplishments 23 CFR 230.111(b)

State Internal EEO/Contractor Compliance

Annual Federal‐Aid Highway Construction Employment Data Report (FHWA‐1392)

23 CFR 230.121(a); Appendix D to Subpart A, Part 230, General Information and Instructions

Annual EEO Program Update (AAP Workforce Data) with Accomplishment Report

23 CFR 230.311

Contractor Compliance review reports 23 CFR 230.413

20

Key Program Areas


Disadvantaged Business Enterprise Program (DBE) o Good Faith Efforts approvals o Commercial Useful Function approvals o Michigan Unified Certification Program

On‐the‐Job Training Program (OJT) ADA/504 Program Title VI Program Title VII Program EEO Contractor Compliance Program 504(e) Programs

o Youth Development Mentoring Program (YDMP) o TRAC Internship/Pipeline Program o Y‐Achievers Program o Transportation and Civil Engineering Program o Veteran Internship Program o Recruitment, Outreach, and Career Fairs o National Summer Transportation Institute o Conference of Minority Transportation Officials/Careers in Transportation for Youth o Federal Construction, State Construction, and Project Technical Training o Transportation Diversity Recruitment Programs


Title VI

Title VI Plans, Accomplishment Reports & Goals 23 CFR 200.9(b)(11)

Title VI Quarterly Report 23 CFR 200.9(b)(11)

Discretionary Grant Program Funding

OJT and DBE Supportive Services fund requests and An‐nual Accomplishment Reports

23 CFR 230.113 23 CFR 230.204

National Summer Transportation Institute (NSTI) Proposals

Return of unexpended funds used for Summer Transpor‐tation Institutes

23 CFR 230.117(2)

Request for National Summer Transportation Institute (STI) Proposals

23 USC 140(b)

Report for NSTI 23 USC 140(b)

Americans with Disabilities Act (ADA/504)

ADA Transition Plan Section 504 of the Rehabilitation Act of 1987

23 CFR 652

21


Procedures, Agreements, Manuals Latest Approval Date/ Version (if applicable)


DBE Program Procedures September 06, 2019 As needed

On‐the‐Job Training Program March 22, 2018 As needed

EEO Contractor Compliance Manual January 01, 2018 As needed

MDOT Title V1 Nondiscrimination Plan November 01, 2019 October 1st

MDOT Limited English Proficiency Plan October 01, 2019 As needed

MDOT Standard Assurances (FHWA 1273) February 2012 As needed

MDOT Internal Equal Employment Opportunity (EEO) Plan (Ti‐tleV11)

May 14, 2018 May 2021

MDOT ADA Transition Plan May 2009 December 2020

MDOT Environmental Justice Document (Completed by Planning)

504(e) Programs Periodically through‐out the year

As needed

On‐the‐Job Training SOW/DBE SOW Periodically through‐out the year

As needed

National Summer Transportation Institute (NSTI) Proposals January As needed

22




Responsible Agency MDOT

MDOT Actions FHWA Action Business Standard

Remarks

Prepare / Review Title VI Plan Accom‐plishments and Next Year's Goals

23 CFR 200.9(b)(10) Annually Equal Employment Opportunity Officer/ Title VI Specialist

Documentation devel‐oped by MDOT

Division office reviews and comments. and

approve 2 Weeks

Prepare / EEO Contractor Compliance Plan accomplishments and next year's

goals

23 CFR 230, Subpart C, Ap‐pendix A, Part I, III

Annually Office of Business

Development Documentation devel‐

oped by MDOT Division office reviews

and comments. 2 Weeks

Prepare / Review State Internal EEO Affirmative Action Plan (Title VII) Ac‐

complishments and Goals

23 CFR 230.311 Annually Equal Employment Opportunity Officer/ Title VI Specialist


Courtesy copy to HQ.

Review DBE Program Revisions 49 CFR 26.21(b)(2) As needed Office of Business


oped by MDOT

Division sends to HCR for review and ap‐proval as needed

Prepare / DBE Uniform Awards and Commitment Report

49 CFR 26, Appendix B Semi‐Annual Office of Business


oped by MDOT Division Office reviews

and sends to HCR 1 Week

Prepare / Annual Analysis and Correc‐tive Action Plan (if necessary)

49 CFR 26.47(c) Annual

(as necessary) Office of Business


oped by MDOT

Division Office ap‐proves sends copy to

HCR 2 Weeks

Prepare / State DBE Program Goals 49 CFR 26.45(f)(1) Triennial Office of Business Development


Division reviews and approves; sends copy

to HCR

HCC provides legal sufficiency review and approval.

Prepare / Review On‐the‐ Job‐Training (OJT) goals & accomplishments

23 CFR 230.111(b) Annually Office of Business Development


Division office reviews and comments.

1 Week

Approval of OJT and DBE Supportive Services fund requests

23 CFR 230.113 & 23 CFR 230.204

Annual Office of Business Development


Division recommends approval submits to HCR for final approval

2 Weeks

Return of any unused discretionary grant program funding

23 CFR 230.117(2) Annual Office of Business Development

MDOT Finance works with FHWA finance

Division works with HCR and CFO

Prepare / Review of Report on Sup‐portive Services (OJT & DBE)

23 CFR 230.113(g), 230.121(e), 230.204(g)(6)

Quarterly Office of Business Development



2 Weeks

23


Responsible Agency MDOT

MDOT Actions FHWA Action Business Standard

Remarks

Prepare/Review Annual Contractor Employment Report (Construction

Summary of Employment Data (Form PR‐1392)

23 CFR 230.121(a); Appendix D to Subpart A, Part 230, General Infor‐mation and Instructions

Annually Office of Business Development

Documentation developed by MDOT

Recommendation sent to HQ for approval.

2 Weeks

Prepare / Review Annual Federal Projected Awards Reports ‐ Histori‐cally Black Colleges & Universi‐ties/Tribal Colleges & Universi‐ties/Hispanic Serving Institutes,

American Indian Alaskan Native, Asian Pacific & American Is‐

lander.

Presidential Executive

Orders: 13230, 13256,13270, 13361,

13515

Annual Office of Business Development


Divisions submit data to HCR who prepares

report for DOCR 1 Week

Prepare / Review ADA Complaint Re‐ports of Investigation

28 CFR 35.190 As needed Equal Employment Opportunity Officer/ Title VI Specialist

Investigation report developed by MDOT

Division office reviews, FHWA HQ approves and issues finding.

Review Americans with Disabilities Act (ADA)

/Sec. 504 Program Plan accomplish‐ments and next year's goals

49 CFR 27.11(c), EO 12250

Annually Equal Employment Opportunity Officer/ Title VI Specialist



2 Weeks

Return of unexpended funds used for Summer Transportation Institutes

23 CFR 230.117(2) Annual Office of Business Development

MDOT Finance works with FHWA finance

Divisions work with HCR and CFO

Prepare / Review Request for National Summer Transportation Institute

(NSTI) Proposals (SOWs) 23 USC 140(b) Annual

Office of Business Development


Divisions recommend approval. HCR gives fi‐

nal approval 2 Weeks

Prepare / Review NSTI Report (ques‐tionnaire)

23 USC 140(b) Annual Office of Business Development


Divisions provide to HCR

1 Week

24

Performance Measures and Indicators

We will track and measure MDOT’s Civil Rights Program effectiveness with the following performance indicators and determine compliance. This is in addition to the monitoring activities noted above.

Office of Business Development‐Disadvantaged Business Enterprise Performance Measures

Due Responsible Agency

Percent of DBE participation on Federal‐aid contracts May 25 and November 23

MDOT

Number of DBE firms certified, graduated, and decertified Annually MDOT

Number of DBE Commercially Useful Function (CUF) re‐views performed and outcomes

Ongoing MDOT

Number of pre‐qualified DBEs Annually MDOT

Number of projects with DBE Goal Annually MDOT

DBE program race‐neutral participation Annually MDOT

Number and type of DBE Supportive Services activities, i.e., training, conferences, contractor consultations

Annually MDOT

Note: MDOT is the responsible agency to gather the various reports from the sub‐recipients and submits them to FHWA. The FHWA Civil Rights Specialist is responsible for reviewing the reports and forwarding them to HCR.

Office of Business Development – Contractor Compliance Per‐formance Measures


Number of complaints received (formal/informal) regarding prompt payment/return of retainage and actions taken

Annually MDOT

Number of EEO Contractor Compliance reviews performed and percent with violations

Annual Report MDOT

Number of contractors in deficiency status and type of deficiency Annual Report MDOT

Number of contractor training sessions on FHWA 1273 Annual Report MDOT

Office of Business Development – On‐the‐Job Training (OJT) Per‐formance Measures


Number of OJT trainees by race and gender November 15 MDOT

Number of contractors utilized in the OJT Program November 15 MDOT

Number of OJT training hours November 15 MDOT

Number and type of Supportive Service activities, i.e., training, TRAC, Summits

Annually MDOT

MDOT Civil Rights Programs Unit (Internal) – Title VII Perfor‐mance Measures

Submission and approval of a comprehensive and valid EEO Plan As needed MDOT

25

Number of complaints, lawsuits filed, actions taken to resolve, or accommodations made

Included in Annual Report

MDOT

Underutilization analysis and goals to eliminate underutilization when discrimination has been determined to be the reason for the underutilization


MDOT

Number of training sessions and the number of participants in the prevention of discriminatory harassment


MDOT

Number of managers and supervisors trained in the effective im‐plementation of equal employment opportunity and non‐discrim‐ination policies


MDOT

MDOT Civil Rights Programs Unit‐(Internal/External) ‐ Title VI Performance Measures


Submission and approval of a comprehensive and valid Title VI Plan


MDOT

Number of Title VI reviews; deficiencies noted and corrections recommended


MDOT

Number of Title VI Training sessions (internal employees and sub‐ recipients)


MDOT

Number and type of Title VI complaints filed, and actions taken to resolve, or accommodations made


MDOT

Submission and approval of a comprehensive and valid Title VI Plan


MDOT

Number of Title VI reviews; deficiencies noted and corrections recommended


MDOT

Number of Title VI Training sessions (internal employees and sub‐ recipients)

Included in An‐nual Report

MDOT

MDOT Civil Rights Programs Unit‐(Internal/External) – ADA Per‐formance Measures


Number of ADA complaints (Internal and External) Included in Annual Report

MDOT/FHWA

Number of projects completed to ensure ADA compliance as listed in the MDOT Transition Plan


MDOT

26

CONSTRUCTION AND CONTRACT ADMINISTRATION

Overview

To protect the public investment in Federal‐aid highway projects, FHWA provides program and risk‐based project oversight in order to help ensure compliance with Federal‐aid contract provisions on all state and local projects that utilize Federal‐aid funds. A variety of specific Federal‐aid contract provi‐sions are required to be included on all state and local projects that utilize Federal‐aid funds. FHWA is also responsible for concurrence with MDOT’s advertisement, award procedures and project quality controls/quality assurance processes. Some processes and procedures are required by state/federal statute, regulation, or policy. Support of transportation agencies also includes providing technical assis‐tance and sharing best practices.

Background/History

The common goal of MDOT and FHWA is to administer transportation improvement projects efficiently and effectively. This goal supports the state transportation department (STD) program. The FHWA Mich‐igan Division Office may review and approve various construction specifications, submissions, and con‐tract changes. They may also participate in preconstruction meetings, progress meetings, claim meet‐ings, and Dispute Review Board meetings and hearings. FHWA staff determine the eligibility of Federal‐aid participation in accordance with the Stewardship and Oversight Agreement and the FHWA Project of Division Interest (PoDI) Agreement.






Required Contract Provisions 23 CFR 633


Design – Build Contracting 23 CFR 636

Construction Inspection and Approval 23 CFR 637

Emergency Relief Program 23 CFR 668

Project Approval and Oversight 23 USC 106 23 CFR 172

Standards 23 USC 109 23 CFR 625

27

Key Program Areas

Below are key program areas.

Buy America Contract Specifications and Provisions Contract Administration Quality Control and Assurance Contractor Claims Contract Modifications (including FHWA 1365) Contractor Payments Extensions of Time Liquidated Damages Subcontracting Prevailing Wage Compliance Work Zone and Project Site Safety


FHWA‐specific construction monitoring responsibilities include, but are not limited to:

Quality Control and Assurance Major Contract Modifications Extensions of Time Liquidated Damages Contractor Claims Dispute Review Board Innovative Construction Practices

Procedure, Agreement, Manuals Latest Approval Date/ Version


FHWA/MDOT Stewardship and Oversight Agreement May 2015

MDOT Standard Specifications for Construction 2012 2020

MDOT Materials Quality Assurance Procedures Manual August 2020

MDOT Construction Manual Online As Needed

MDOT Work Zone Safety and Mobility Manual January 2020

MDOT Capital Preventive Maintenance Manual April 2010

MDOT Density Testing and Inspection Manual November 2018

MDOT HMA Production Manual January 2020

MDOT Manual for Michigan Test Methods 2019

MDOT Procedures for Aggregate Inspection 2019

MDOT Materials Source Guide August 2020

MDOT Soil Erosion and Sedimentation Control Manual April 2006

28


This table describes how FHWA and MDOT will conduct program related business. It is organized by activity and provides information about the relative responsibilities for both FHWA and MDOT. For additional information about all Program Responsibilities, see Attachment B of the May 2015 Stewardship and Oversight Agreement.


Responsible Agency

MDOT Action


Remarks

Quality Assurance Program 23 CFR 637.205 As‐Needed FHWA Administer Review and approve.

Central Laboratory accredited by AASHTO Accreditation Program or FHWA approved comparable program

23 CFR 637.209 As Needed MDOT Administer Monitor

Non‐STD designated lab performing Inde‐pendent Assurance sampling, used in dis‐pute resolution, and testing accredited by AASHTO Accreditation Program or FHWA approved comparable program

23 CFR 637.209 As‐Needed MDOT Administer Monitor

Independent Assurance Annual Report 23 CFR 637.207 Annually, March 1

FHWA Administer Review

Labor Compliance ‐ Prevailing Wage Rate 23 USC 113 As‐Needed FHWA Administer Monitor

Work Zone Significant Project Determina‐tion

23 CFR 630.1010 As‐Needed MDOT Administer Review and approve.

Exceptions to Work Zone Procedures for Interstate Projects

23 CFR 630.1010 As‐Needed FHWA Submit Review and approve.

Work Zone Policy and Procedures Con‐formance Review

23 CFR 630.1014 At Appropri‐ate Intervals

FHWA Submit Review and approve.

Process Review of Work Zone Safety and Mobility Procedures

23 CFR 630.1008, 23 USC 109(e)(2), 23 USC 112(g)

Every 2 years

MDOT Submit Review and approve.

Changes and extra work 23 CFR 635.120 As‐Needed MDOT Administer Review and approve per PoDI action plan.

29


Responsible Agency

MDOT Action


Remarks

Contract time extensions 23 CFR 635.120 As‐Needed MDOT Administer Review and approve per PoDI action plan.

Use of mandatory borrow/disposal sites 23 CFR 635.407 As‐Needed MDOT Administer Review and approve per PoDI action plan.

Materials certifications 23 CFR 637.207 As‐Needed MDOT Administer Review and approve per PoDI action plan.

Settlement of contract claims 23 CFR 635.124 As‐Needed FHWA Administer Review and approve.

Termination of construction contracts 23 CFR 635.125 As‐Needed MDOT Administer

Buy America Waivers 23 CFR 635.410 As‐Needed FHWA Submit Review and approval. Requires FHWA HQ approval.

Final inspection/acceptance of completed work

23 USC 114(a) As‐Needed MDOT Administer Review and approval per PoDI action plan.

30

DESIGN

Overview

MDOT and FHWA support a Design Program that implements innovative tools during the development, review, and delivery of projects. The goal of both agencies is to develop safe, cost‐ efficient designs that address the purpose and need of the project, while considering the needs of all users and minimizing or mitigating environmental impacts.

The FHWA Michigan Division Office reviews and approves various engineering related submissions, par‐ticipates in project development decisions and determines eligibility of Federal‐aid participation in ac‐cordance with the Stewardship and Oversight Agreement and the jointly determined project level over‐sight agreement.

At the program level, MDOT provides training and outreach to staff on new programs and initiatives, and creates a seamless cooperation between the Bureaus and Regions. FHWA provides guidance on the implementation of, and conformance to, federal laws, regulations and policies pertaining to preliminary and detailed design activities. FHWA and MDOT staffs jointly conduct concentrated program reviews and risk assessments to monitor the effectiveness of the program.

Background/History

MDOT develops a road program averaging $962,000,000 annually spread among many templates to achieve a mix of fixes to best manage the MDOT infrastructure. Projects are scoped, designed and man‐aged by the Bureaus, Regions and associated Transportation Service Centers around the state. The De‐sign Division supports the development of the program through specific development tasks, Project Manager support and technology support.

The Quality Assurance Section of the Design Division is integral to the delivery of the program by provid‐ing support for standards, manuals, and processes to ensure compliance with federal requirements. Spe‐cifically, the Road Design Manual (RDM) contains policies, practices, and processes to complete the de‐velopment process, including Chapter 14 which is a comprehensive resource for development pro‐cesses. This is a resource for Project Managers and Designers statewide.

The Design Services Section supports designers and many other areas of the department with software, surveys and ProjectWise. The Section also manages the Development Guide (Design Wiki) which pro‐vides guidance on 3D modeling deliverables.

FHWA provides project level oversight on Projects of Division Interest (PODI). These projects are identi‐fied by FHWA Division Office and the MDOT Regions collaboratively based on a variety of risk factors an‐ticipated within programmed projects.

When projects are selected for FHWA oversight, specific project risks and FHWA approval actions will be identified. A project may have FHWA oversight throughout the life of the project, from planning through construction closeout, or only over specific tasks or phases of the project. FHWA may also choose to have oversight on tasks that have been delegated to MDOT through the Stewardship and Oversight Agreement.

31

The level of oversight will be documented on a PODI Approval Actions form from FHWA and be saved in the ProjectWise Supporting Documents folder. As the project evolves, FHWA oversight may change and will be evaluated as needed based on changing risks.




Program Efficiencies 23 USC 102 (b) 23 CFR 630

Project Approval and Oversight 23 USC 106

Design Standards for Highways 23 USC 109 23 CFR 625

Letting of Contracts 23 USC 112

Procurement, Management, and Administration of Engineering and Design Related Services

23 CFR 172.7


Projects of National and Regional Significance 23 CFR 505

Engineering 23 CFR 620

Value Engineering 23 USC 106, 23 USC 120(c)(3) 23 CFR 627


Utilities 23 CFR 645



Bicycle Transportation and Pedestrian Walkways 23 USC 217(g)


23 CFR 658




Grade Crossings MCL Chapter 253

Bridges MCL Chapter 254

Americans with Disability Act 42 USC 12101 28 CFR 35

Rehabilitation Act 29 USC 794 34 CFR 104

Highways strategically important to the National Defense

23 USC 311

Buy America 23 USC 313

NEPA 23 CFR 771

32

Key Program Areas


National Highway Performance Pro‐gram (NHPP)

Surface Transportation Block Grant (STBG) Program

Geometric Design Consultant Services Performance Based Practical Design Value Engineering Bridge and Structure Design Hydraulic Design Utilities

Landscaping and/or Rest Area Geotechnical Design Innovative Contracting Process Design Standards Special Provisions Work Zone Real Estate Traffic and Safety Finance (for timely obligation of con‐

struction phase)



Update Cycle (if applicable)


AASHTO: A Policy on Geometric Design of Highways and Streets

6th edition As needed

MDOT Road Design Manual As needed

MDOT Standard Plans As needed

MDOT Special Details As needed

MDOT Drainage Manual January 2006 As needed

MDOT Design Survey Manual As needed

Guidelines for Stakeholder Engagement January 2009 As needed

Alternate Pavement Bidding Process As needed

Innovative Construction Contracting Guide March 2015 As needed

Development Guide As needed

Scoping Manual June 2019 As needed

As needed updates with substantive changes to policy will be shared with FHWA in draft form prior to requesting approval from the Engineering Operations Committee. Minor updates will be discussed in the regular Design‐FHWA update meetings and distributed via listserv subscription

.

33


This table describes how FHWA and MDOT will conduct program related business. It is organized by activity and provides information about the relative responsibilities for both FHWA and MDOT. Refer to other POM sections for additional monitoring and approval activities related to the program.


MDOT Action FHWA Action Business Standard Remarks

Adoption of De‐sign Standards (National Highway System, including Interstate

23 CFR 625, 23 USC 109(b), 23 USC 109(c)(2), 23 USC 109(o)

As needed FHWA MDOT adopts Design stand‐ards

FHWA HQ reg‐ulatory action to adopt NHS standards

Transition timing is based on complexity and inclusion in PS&E for letting

MDOT Standard Specifications

23 CFR 625.3 As needed. Full re‐is‐sue edition roughly every 6 to 7 years. In‐terim updates issued by supplemental specifications or spe‐cial provisions.

FHWA MDOT shall re‐quest approval

FHWA Division office reviews and approves

Supplemental specifi‐cations and special pro‐visions approved by FHWA within 14 calen‐dar days (with excep‐tions as needed).

Design Excep‐tions*

23 CFR 625.3 As needed MDOT

Design Standard Plans

23 CFR 625.3 As needed FHWA MDOT Develops and maintains Standard Plans

FHWA ap‐proves new and updated Standard Plans

FHWA will review and approve Standard Plans within 30 business days.

Value Engineering (VE) Policy and Procedures

23 CFR 627.1(b) & (c), 23 CFR 627.7, FHWA Order 1311.1B

As needed MDOT MDOT publishes and maintains VE policy and procedures in the Road Design Manual.

FHWA ap‐proves VE pol‐icy and proce‐dures.

FHWA approves VE pol‐icy changes withing 30 business days.

34


MDOT Action FHWA Action Business Standard Remarks

Value Engineering Annual Report

23 CFR 627.7, FHWA Order 1311.1B

Annual FHWA MDOT submits annual report including cost and savings data. Data is shared with MDOT manage‐ment and staff.

FHWA submits report to HQ to compile na‐tionally.

Annual report is sub‐mitted by MDOT by the requested due date

FHWA Division Office collects, reviews, and submits to HQ for review and reporting

Plans, Specifica‐tions and Esti‐mates (PS&E) *

23 CFR 630 MDOT MDOT Project Manager ap‐proves on Certi‐fication Ac‐ceptance (CA) form

* Any approval action that FHWA has delegated to MDOT could be retained by FHWA as part of the PODI Approval Actions form. Both FHWA and MDOT should coordinate on review times to meet project schedules.

35

EMERGENCY RELIEF PROGRAM

Overview

Emergency Relief (ER) is a special program that uses funds from the Highway Trust Fund for the repair or reconstruction of Federal‐aid Highways and of roads on Federal lands that have suffered serious damage from natural disasters or catastrophic failures from external causes. This program supplements the com‐mitment of resources by states, their political subdivisions, or other Federal agencies to help in the re‐pair of facilities damaged by eligible events.

Background/History

ER funds are not intended to cover all damage repair costs or interim emergency repair costs that will be necessary to restore a facility to pre‐disaster conditions. Disasters must be considered extraordinary and/or widespread to be considered for ER funding. The estimated federal portion of the eligible dam‐age must meet a threshold of $700,000 (Federal share). Individual sites must have estimated repairs greater than $5,000 to be eligible.

Over the past several years the Michigan Department of Transportation has experienced multiple eligi‐ble ER events. The eligible costs and the number of resources required to manage the events has in‐creased, creating the need for more efficient processes, communication and outreach.




Periodic Evaluation of Facilities Repeatedly Requiring Repair and Reconstruction Due to Emergency Events

23 CFR 667

Federal Share Payable 23 USC 120

Emergency Relief 23 USC 125 23 CFR 668

Environmental Impact and Related Procedures 23 CFR 771

Funding Flexibility for Transportation Emergencies 23 USC 170

FHWA Emergency Relief Program Responsibilities FHWA Order 5182

Key Program Areas


Road Design Bridge and Structure Design Hydraulic Design Geotechnical Design Construction

Emergency Management Innovative Construction Practices Local Agency Programs Contract Services

36


Procedure, Agreement, Manuals Latest Approval Date/Version (if applicable)

Anticipated due date (if ap‐plicable)

FHWA/MDOT Stewardship and Oversight Agreement May 2015 As Needed

MDOT Emergency Relief Program Outline June 2017 Annually

FHWA Emergency Relief Manual May 2013

FHWA Standard Operating Procedure for Quick Release Funds August 2020

Emergency Relief Data Portal System User Guide April 2020

37




Responsible Agency

MDOT Action FHWA Action Business Stand‐ard

Remarks

Damage Assessment 23 CFR 688 After eligible event MDOT Determine severity of damage as soon as practical after event

Support MDOT in assessment of damages

FHWA responds to eligibility sup‐ported by dam‐age survey re‐port within 14 business days

Should be sub‐mitted at least 6 weeks after let‐ter of intent

Letter of Intent (LOI) and Acknowledge‐ment Letter

After proclamation and/or declaration that an event has occurred

MDOT/ FHWA

MDOT submits letter to FHWA requesting the use of ER Funds for an eligible event

Makes determina‐tion, sends letter to MDOT and no‐tifies HQ

FHWA responds within 3 busi‐ness days

Submit LOI as soon as practical after event oc‐curs

Quick Release (QR) Funds

Based on immedi‐ate need and avail‐ability of funding

MDOT/ FHWA

Provide information documenting event threshold will be met

If QR is warranted funds will be obli‐gated after Presi‐dent’s or Gover‐nor’s declaration

MDOT requests as soon as possi‐ble after eligible event

Requests typi‐cally made within 6 weeks of event

MDOT Initial Request and FHWA Finding

After Governor’s declaration

MDOT/ FHWA

Submit request letter including declaration and list of damaged locations

Makes determina‐tion and sends let‐ter to MDOT

FHWA responds within 3 busi‐ness days

Includes event estimate of dam‐ages

Detailed Damage In‐spection Reports (DDIR’s) form 1547

23 USC 120 Complete within 3 months of event

MDOT/ FHWA

Complete DDIR’s ‐clas‐sify damage as emer‐gency or permanent repairs

Determine if eligi‐bility is limited to the cost of compa‐rable facility. Per‐form site assess‐ments

Complete all eli‐gible DDIR’s within 3 months of event

FHWA Area Engi‐neer Approves (or FHWA ER Pro‐gram Manager) within 5 business days

38


Responsible Agency

MDOT Action FHWA Action Business Stand‐ard

Remarks

Coordination with FEMA

44 CFR 206, 23 CFR 668.109

As needed based on eligibility

MDOT Track costs associated with debris removal based on FEMA or ER Program eligibility

Request and re‐view FEMA deter‐mination to en‐sure debris re‐moval is eligible under ER Program

Construction Monitor‐ing

As needed based on Division Risk Based Oversight processes

MDOT/ FHWA

Submits projects for authorization with ap‐proved DDIR’s, sub‐mits 1365’s for in‐creases greater than 20%

FHWA reviews and approves

FHWA responds to authorization requests within 7 business days

ER Application 23 USC 125 No later than 2 years after the dis‐aster start date

MDOT Compile list of eligible sites and costs sup‐ported by completed DDIR’s

FHWA reviews to confirm eligibility

Funds for emer‐gency repairs only valid for 180 days after event

Project Closeout 2 CFR 200.343

39

ENVIRONMENT

Overview

In accordance with the National Environmental Policy Act of 1969 (NEPA), FHWA is required to consider the social and natural environment prior to making any decisions on projects having Federal involve‐ment; that is, Federal funding or involving Federal action (e.g., permitting by a Federal agency). FHWA has a direct oversight role in implementing NEPA. FHWA and MDOT will work together to ensure social, environmental, and economic factors are given proper consideration along with engineering factors in program and project decision‐making.

Background/History

In general, under environmental actions:

FHWA’s primary role is to provide guidance and independent oversight of the NEPA process involving all transportation projects funded through the Federal Aid Program. FHWA also provides guidance and oversight for Federal Aid‐funded projects covered by other Federal laws and regulations on the natural and human environment, including, but not limited to, Section 4(f) of the Department of Transportation Act, the Endangered Species Act, the National Historic Preservation Act, the Clean Air Act, the Clean Wa‐ter Act, etc.

MDOT is responsible for ensuring compliance with Federal environmental law and regulations for all Federal aid transportation projects in the state inclusive of local agency projects. MDOT will maintain qualified professional staff to ensure compliance and conduct analyses.

MDOT maintains documentation of environmental activities.

FHWA assures appropriate analyses are conducted, approval actions are timely, and public involvement is an element of MDOT’s environmental program.

FHWA and MDOT will continue to work together to streamline the environmental process.



Topic Law Implementing Reg‐ulations

Antiquities Act, 1906 16 USC 431‐433 36 CFR 251.50‐64 42 CFR 3

American Indian Religious Freedom Act, 1978 42 USC 1996 N/A

American with Disabilities Act, 1990 42 USC 126 16 USC 1271‐1287

Archeological and Historic Preservation Act, 1974 16 USC 469 36 CFR 66

Archeological Resources Protection Act, 1980 16 USC 470 43 CFR 7 18 CFR 1312 32 CFR 79 36 CFR 229 36 CFR 296

40

Topic Law Implementing Reg‐ulations

Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.; NHPA)

36 CFR 800

Bald and Golden Eagle Protection Act, 1940 16 USC 668 N/A

Title VI of the Civil Rights Act, 1964 42 USC 2000d et seq. 49 CFR 21 and 23 CFR 200

Civil Rights Restoration Act, 1987 20 USC 1681 et seq. N/A

Clean Air Act, 1970 42 USC 7401 et seq. 42 USC 7509, 75219(a) 23 USC 109(J)

23 CFR 771 40 CFR 51 & 93

Clean Water Act, 1972 33 USC 1251 et seq. 33 CFR 26 40 CFR 122‐124

Coastal Zone Management Act, 1972 16 USC 1451 15 CFR 923‐930

Comprehensive Environmental Response, Compensa‐tion, and Liability Act, Superfund Amendments and Reauthorization Act,

42 USC 9601 et seq. 40 CFR 300 43 CFR 11

Department of Transportation Act, Section 4 (f), 1966 49 USC 303 23 USC 138

23 CFR 774

Endangered Species Act, 1973 16 USC 1531 et seq. 7 CFR 335; 50 CFR 17, 23, 81, 222, 225‐227, 402, 424, 450, 453

Executive Order 11991, Protection and Enhancement of Environmental Quality, 1970

N/A N/A

Executive Order 11988, Floodplain Management N/A 23 CFR 650, 771; 44 CFR 59‐62, 64‐68, 70‐71, 75‐77

Executive Order 11990, Protection of Wetlands N/A DOT Order 5660.1A

23 CFR 777

Executive Order 13166, Limited English Proficiency 2000

N/A Federal Reg. Vol. 60, No. 125, pp. 33896–33903 FR Vol. 59, No. 32

EO 13807: Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects (2017)

N/A 23 CFR 771

Wild and Scenic Rivers Act, 1968 16 USC 1271‐1287 36 CFR 251, 297; 43 CFR 8350

National Environmental Policy Act, (NEPA), 1969 42 U.S.C. 4321 et seq. 40 CFR parts 1500–1508 (“CEQ regula‐tions” or “NEPA reg‐ulations”); 23 CFR 771 FHWA NEPA regulations

41

Key Program Areas


National Environmental Policy Act of 1969 as amended; Update to the Regulations Implementing the Procedural Provisions of the National Environ‐

mental Policy Act June 30, 2020 (hereinafter CEQ NEPA Regulations) Planning and Environmental Linkages Parks, Recreation areas, Wildlife and waterfowl refuges, and Historic Sites (Section 4(f) &

6(f)) Environmental Justice and Title VI Historic and Archeological Preservation (Section 106), Tribal Consultation & Cultural Re‐

sources Public Involvement & Community Impact Noise Abatement Wetland Mitigation Floodplains Mitigation Threatened and Endangered Species; Habitat and Ecosystems Air Quality Water Quality, Watershed & Stormwater Mitigation and Management Context Sensitive Solutions Visual Impacts Interagency Coordination


FHWA and MDOT have put into place several procedures, agreements, and a manual to both govern and streamline the NEPA process. The MDOT Environmental Procedures Manual provides the most compre‐hensive guidance document. Other guidance documents and streamlining agreements are listed below.



Programmatic Categorical Exclusion Agreement September 30, 2019

September 30, 2024

FHWA/ACHP/MDOT/SHPO Section 106 Agreement July 25, 2011 July 25, 2021

Environmental Procedures Manual January 5, 2012 As needed

MDOT Highway Noise Analysis and Abatement Handbook July 2011 As needed

MDOT Public Involvement and Public Hearings Procedures for Federal Aid Project Development

November 2002; October 1, 2020 amended

As needed

USFWS Biological Opinion Programmatic Agreement—Bats October 16, 2019 As needed

USFWS Biological Opinion Programmatic Agreement—Eastern Massassauga Rattlesnake

November 5, 2019

As needed

Michigan Freshwater Mussel Survey Protocols and Relocation Procedures

February 2018 As needed

FHWA/USFWS/MDOT Liaison Agreement November 21, 2019

November 21, 2024

Section 106 Letter of delegation for Local Agencies to initiation consultation with SHPO

October 16, 2020 As needed

42


This table describes how FHWA and MDOT will conduct program related business. It is organized by ac‐tivity and provides information about the relative responsibilities for both FHWA and MDOT. For addi‐tional information about all Program Responsibilities see Attachment B of the May 2015 Stewardship and Oversight Agreement.

The FHWA will monitor compliance with environmental requirements using project‐by‐ project approval steps and, periodic quality assurance reviews of the environmental process.

MDOT has been delegated programmatic approval authority for specific categorical exclusions. MDOT has been delegated programmatic approval authority for specific Section 4(f) evaluations. MDOT has been delegated programmatic approval authority for Section 106 determinations and

specific consultation actions. MDOT also acts as an FHWA non‐federal representative for informal Section 7 ESA consultation. MDOT acts as an FHWA non‐federal representative for tribal consultation MDOT public involvement procedures have been approved by FHWA (November 2002).

As early as practicable in a project’s development, the FHWA and MDOT will collaborate on the proper environmental (NEPA) classification for a project:

Class I = EIS Class II = CE Class III = EA

For all projects that require an action be taken by FHWA, FHWA and MDOT will work together in the project pre‐engineering phase to ensure compliance with NEPA and other applicable laws before an al‐ternative is selected. The level of involvement is commensurate with the level of environmental impacts or project complexity.

FHWA will review and approve Level 4 Categorical Exclusions and associated Programmatic Section 4(f) Evaluations, EA, EIS, Section 4(f) Individual Evaluations, net benefit Section 4(f) evaluations, and Section 4(f) De Minimis determinations which are prepared by MDOT.

FHWA is also an active member of individual project teams and helps guide the project plan‐ning.

All documents requiring legal sufficiency review (final EIS and final Section 4(f) Evaluations) are sent

to the FHWA Office of the Chief Counsel in Matteson, Illinois by the FHWA Michigan Division Office

prior to approving these documents. The goal is to provide legal sufficiency review comments to the

FHWA Michigan Division Office within 30 business days after receipt of the document. Environmen‐

tal document re‐evaluations are conducted through informal consultation and formal written docu‐

mentation when appropriate.

43


Responsible Agency


Remarks

Level 1, 2, or 3 Categorical Ex‐clusion (CE) (23 CFR 771.117 (a),(b), and (c))

CE Programmatic Agreement

Ongoing MDOT Prepare and Ap‐prove

Periodic Audit MDOT has delegation to approve

Level 4 CE (Individual CE) (23 CFR 771.117 (d))

CE Programmatic Agreement

Ongoing MDOT & FHWA

Prepare, approve and submit to FHWA for approval

Approve CE or instructions for revisions

30 business days

Letter of Initiation Environmental Procedures Manual

Ongoing MDOT & FHWA

Prepare a letter of initiation request‐ing concurrence on NEPA classifi‐cation for an EA or EIS.

Concur with NEPA classification

15 business days.

Starts the clock for completing the NEPA docu‐ment in required timeframe.

Draft Environmental Assess‐ment

23 CFR 771, Environmental Procedures Manual

As needed MDOT Prepare and sub‐mit to FHWA for comment

Review and Com‐ment

30 business days

Written Com‐ments

Environmental Assessment 23 CFR 771, Environmental Procedures Manual

As needed MDOT & FHWA

Prepare, approve and submit to FHWA for ap‐proval

Approve EA for circulation or re‐turn for revision

15 business days

Approved EA or instructions for revision

Finding of No Significant Impact (FONSI)



Prepare FONSI re‐quest and submit to FHWA

Prepare and Issue FONSI or notify MDOT of need for EIS

30 business days

FONSI or consid‐ered NOI for EIS

Informal Consultation with Resource Agency (State and Federal)

Environmental Procedures Manual

As needed MDOT Review and deter‐mine if potential for adverse effect

Acknowledge and file

NA Verify any re‐quired mitigation is contained with Individual CE, EA or EIS

44


Responsible Agency


Remarks

Cooperating and Participating Agency Request Letters



Prepare and dis‐tribute request letters to state, and local agencies

Prepare and dis‐tribute request letters to Federal agencies

15 business days

Cooperating & Participating Agencies identi‐fied and notified of action

Notice of Intent (NOI) for Environmental Impact State‐ment (EIS); (23 CFR 771.123)

23 CFR 771, Env. Proce‐dures Manual


Prepare and send NOI package to FHWA

Enter NOI into the Federal Register

15 business days

Draft EIS 23 CFR 771, Environmental Procedures Manual


Prepare, approve, and submit to FHWA for ap‐proval

Approve DEIS and upload to eNEPA for Federal Regis‐ter or return for revision

30 business days

DEIS approved and in Federal Register or in‐structions for re‐vision

Draft Final Environmental Im‐pact Statement (FEIS)


As needed MDOT Prepare and sub‐mit to FHWA for review

Review and com‐ment

30 business days

Written Comments

FEIS Legal Sufficiency 23 CFR 771, Environmental Procedures Manual


Prepare and sub‐mit to FHWA for review

Request Legal Sufficiency review

30 business days

FEIS Legal Suffi‐ciency deter‐mined

Final EIS 23 CFR 771, Environmental Procedures Manual



Approve FEIS and upload to eNEPA for Federal Regis‐ter or return for revision

30 business days

FEIS approved and published in Federal Register or instructions for revision

Record of Decision (ROD) or Combined FEIS/ROD



Prepare a Draft ROD or Combined FEIS/ROD and sub‐mit to FHWA

Review, Revise, and issue ROD or Combined FEIS/ROD issued d upload to eNEPA

30 business days

ROD or Com‐bined FEIS/ROD issued and pub‐lished in Federal

45


Responsible Agency


Remarks

for Federal Regis‐ter or return for revisions

Register or in‐structions for re‐vision

Draft Re‐evaluation EA or EIS (Including Section 4(f) if needed)


As needed MDOT Prepare and sub‐mit to FHWA for review

Review and Com‐ment

20 business days

Written com‐ments

Final Re‐evaluation EA or EIS 23 CFR 771, Environmental Procedures Manual



Approve Re‐evalu‐ation or return for revision

20 business days

Re‐evaluation ap‐proved or in‐structions for re‐visions

Notice of Limitation (NOL) for Statue of Limitation (SOL)


As needed FHWA N/A Prepare, approve, and submit thru FHWA Chief Coun‐cil’s office for Fed‐eral Register

10 business days from ROD

NOL issued and 150 days for SOL begins

Major Projects (total cost ≥ $500 million) – Project Man‐agement Plans (PMP)

Ongoing FHWA & MDOT

Prepare Project

Management Plans (PMP) in ac‐cordance with SAFETEA‐

LU and FHWA HQ Project Manage‐ment Plan Guid‐ance. PMPs must be completed and approved prior to issuing ROD or FONSI and prior to issuing request for authorization of Federal aid funds

Review and ap‐prove

30 business days

Approved PMP

46


Responsible Agency


Remarks

for right‐ of‐way acquisition or con‐struction.

Programmatic Section 4(f) Eval‐uation with Level 1, 2, or 3 CE (Temporary 4(f) use)

CE Program‐matic Agree‐ment

Ongoing MDOT Prepare and ap‐prove

No action re‐quired unless FHWA objects.

FHWA Michi‐gan Division can object to MDOT’s ap‐proval within 15 business days

Approved Pro‐grammatic Sec‐tion 4(f) evalua‐tion

Draft Programmatic Section 4(f) Evaluation with Level 4 CE, EA or EIS (De Minimis Section 4(f))

CE Program‐matic Agree‐ment


Prepare and sub‐mit for FHWA ap‐proval

Approve Program‐matic Section 4(f) Evaluation or re‐turn for revision

15 business days

Approved Pro‐grammatic Sec‐tion 4(f) Evalua‐tion or instruc‐tions for revision

Final Individual Section 4(f) Evaluation & Section 4(f) Legal Sufficiency

23 CFR 774, En‐vironmental Procedures Manual


Prepare and sub‐mit for FHWA ap‐proval

FHWA review and approve or return for revisions; FHWA will request Legal Sufficiency Review

45 business days: 30 busi‐ness days for Legal Suffi‐ciency and 15 business days for FHWA ap‐proval or re‐turn for revi‐sions

Final Section 4(f) Evaluation ap‐proval with Legal Sufficiency or in‐structions for re‐visions

Section 106 Adverse Effect De‐termination Final Section 4(f) Evaluation

36 CFR 800 and 23 CFR 774, En‐vironmental Procedures Manual

As needed MDOT/SHPO & FHWA

Makes determina‐tion; secures SHPO concur‐rence; submits to FHWA

FHWA concurs with Adverse Ef‐fect and submits e106 request to ACHP regarding participation.

15 business days

ACHP determine if they will partic‐ipate in MOA

47


Responsible Agency


Remarks

Section 106 Adverse Effect De‐termination Memorandum of Agreement (MOA) Section 106. (Legal Review required)

36 CFR 800 and 23 CFR 774, En‐vironmental Procedures Manual


Prepare draft MOA; coordinate with FHWA, SHPO and ACHP, as ap‐plicable. Submit Draft to FHWA and MDOT for Le‐gal review. Pre‐pare Final MOA; secure MDOT and SHPO signatures

Comment on Draft MOA; Coordinate with ACHP as ap‐plicable; submit draft for FHWA le‐gal review. Sign Fi‐nal and Submit to ACHP thru e106 for signature as applicable.

Depends on Complexity; 15 days for each step.

Biological Assessment (BA) for Federally listed Threaten & En‐dangered Species ‐ USFWS

Endangered Species Act, En‐vironmental Procedures Manual


MDOT Prepares and submits BA for FHWA review.

After review, FHWA request consultation on BA with USFWS under Section 7 and requests a Bi‐ological Opinion or BO

USFWS has 90 days to con‐sultant on BA and 45 days to issue BO (135 days total)

NEPA Administrative Record for All CE, EA and EIS


On‐going MDOT & FHWA

MDOT maintains official Adminis‐trative Record in accordance with FHWA guidelines

FHWA maintains critical approval documents as part of the backup to the Administrative Record.

On‐going for all NEPA ac‐tions.

48

FINANCIAL MANAGEMENT

Overview

Financial Management includes both stewardship and oversight of Federal‐aid Highway Program funds. Finance Management Program objectives include ensuring compliance with Federal and state require‐ments, protecting public investment, and ensuring accountability. The FHWA Michigan Division and MDOT Finance staff share a vision that the Finance Program will use innovative finance techniques and leverage information technology systems to ensure all Federal‐aid funds are used efficiently while main‐taining effective funds management and sound internal controls. Among other roles and responsibilities, the Financial Management Program oversees project authorization, obligation, reimbursement process, and final closeout for all Federal‐aid projects in Michigan.

Background/History

Within the FHWA Michigan Division, the Finance Team is under the Executive Coordination Unit. The Fi‐nance Team consists of a Financial Manager and two Financial Specialists. Within MDOT, the Financial Operations Division is under the Bureau of Finance and Administration. The key MDOT Finance contacts include Financial Operations Division Administrator and the Project Accounting and Financial Support Section Manager.


The following table is a collection, by topic, of the Federal and state laws, regulations, and orders per‐taining to this program.


Highways 23 USC 23 CFR

Transportation 49 USC 49 CFR

Surface Transportation Act Authorization Act

Department of Transportation Appropriations Act Appropriations Act

Uniform Administration Requirements, Cost Princi‐ples, and Audit Requirements for Federal Awards

2 CFR 200

Federal Acquisition Regulation 48 CFR

FHWA Risk‐Based Financial Management Oversight Program

FHWA Order 4560.1C – Financial Integrity Re‐view and Evaluation (FIRE) Program

Establishment and maintaining internal controls and to annually evaluate and report on the control and fi‐nancial systems that protect the integrity of Federal programs.

Federal Managers’ Financial Act (FMFIA) of 1982

49


Establishing and assessing internal control related to financial reporting. Preparation and audit of financial statements.

Chief Financial Of‐ficer Act of 1990

Process for transferring funds to the States Cash Management Improvement Act (CMIA) of 1990

Management’s Responsibility for Internal Controls Office of Management and Budget (OMB) Cir‐cular A‐123

Office of Inspector General Audit and Investigation Report Findings, Recommendations, and Follow‐up Action, establishes Office of Inspector General (OIG) reporting requirements

Department of Trans‐portation (DOT) Order 8000.1C

Identification and recover of improper payment to prevent payment error, waste, fraud, and abuse.

Payment Integrity Information Act of 2019 (PIIA); for‐merly known as IP‐ERIA

Key Program Areas


Funds Management Project Authorization and Obligation Project Closeout Improper Payment Testing Single Audit Compliance Internal Control Testing and Review Financial Monitoring and Reporting Financial Management System Compliance Innovative Finance

50





MDOT Advance Construction Guidelines August 2018 As needed

MDOT Subrecipient Single Audit Report Monitoring October 2019 As needed

MDOT SIGMA FHWA Project Obligation and Accounting July 2017 As needed

MDOT SIGMA Security Roles and Access August 2020 As needed

MDOT Guidance Document: Updating Phase Schedule End Dates for All Federally Funded Projects


FHWA Project Funds Management Guide for State Grants December 2019 As needed

Federal‐aid Non‐Federal Matching Requirement Guidance May 2019 As needed

At‐Risk Project Pre‐Agreement Authority for Preliminary Engi‐neering (PE)

April 2019 As needed

Financial Management Improvement (FMI) Initiative Project Work Plan – In‐Kind Match Test and Evaluation


Scope of Work Guidance for Federal‐aid Project Agreements in the Fiscal Management Information System (FMIS)

October 2018 As needed

Gordie Howe International Bridge (GHIB) In‐Kind Match Credit MOU


Project Authorization of Work: Review and Approval SOP February 2018 As needed

Current Bill Project Billing SOP May 2018 As needed

FHWA Billing Review/Improper Payment Review Process SOP May 2014 As needed

Project Closeout SOP April 2018 As needed

Manual Project Billing (PR‐20) SOP May 2018 As needed

Fund Transfer Request Procedures SOP August 2012 As needed

51




Responsible Agency

MDOT Action FHWA Action Remarks

Current Bill Reimburse‐ment Requests

23 USC 121; CMIA

Weekly/ As Re‐quested

Both Submit electronically and in‐clude reason for credit transac‐tions

Act upon within estab‐lished deadline

Source Documentation will be randomly sam‐pled and reviewed by FHWA

Project Authoriza‐tions/Agreement and Modifications

23 USC 106; 23 CFR 630 Subpart A

On‐going Both Prepare and submit as needed in accordance with Project Funds Management Guide for State Grants Communicate priority project through MDOT Finance

Review, respond, and/or act upon within 3 business day Act on priority project within 1.5 business days

Federal‐aid Billing Transaction Review

23 USC 106 As re‐quested

Both Respond to requests for infor‐mation and documentation to validate Federal‐aid billing trans‐actions within 5 business days

Provide a listing of trans‐action being reviewed. Upon completion of re‐view, provide results of re‐view

Results used to support FMFIA, FIRE, PIIA

State Infrastructure Bank

23 USC 610 Annual Both Prepare annually report within 90 days from end of Fiscal Year; Update SIB Database by end of FY

Review report and review and approve database submission

Toll Credits 23 USC 120 Annual Both Update Toll Credit Database An‐nually Calculate the amount of eligible toll credit and submit for ap‐proval

Review and approve Toll Credit database submis‐sion Review and approve the request as appropriate

52


Responsible Agency


Inactive Project Review 23 CFR 630 Quarterly Both Provide justification for inactive projects

Review and take appropri‐ate action on project justi‐fications

Fund Transfer Requests 23 USC 126,

23 USC

132, and

FHWA Or‐

der

4551.1

As re‐quested

Both Prepare and submit Fund Trans‐fer Requests as needed

Review and take appropri‐ate actions within 5 busi‐ness days

MDOT (State of Michi‐gan) Single Audit

2 CFR 500 Annual Both Ensure MDOT is included in the annual Statewide Single Audit and copies are submitted by June 30 every year

Review and take action to ensure findings are re‐solved

MDOT Sub‐Recipient Single Audit

2 CFR 330, 500

An‐nual/on‐going

Both Review and take action to en‐sure findings are resolved; sub‐mit summary listing to FHWA

Review and take action to ensure compliance

Apportionments, Allo‐cations, and other Funding Notices

31 USC

1341(a)(1)(A

) &

(B); 31 USC

1517(a);

23 USC

118(b), 23

USC 121

On‐going Both Monitor apportionment, alloca‐tions, and obligations to ensure all funding is used efficiently within each quarter and use all Obligation Authority (OA) by the end of the year

Ensure apportionments, allocations, and funding notices are provided to MDOT in a timely manner

Indirect Cost Allocation Plans (ICAP), Equip‐ment Rate, Labor Addi‐tive Rate

2 CFR 200.400 & Appendix V, VII

Annual Both Certify that the ICAP and other applicable rates were prepared in accordance with require‐ments

Review and take appropri‐ate action in a timely man‐ner

53


Responsible Agency


Audit Coordina‐tion/FHWA Financial Statement Audit/State External Audit Re‐views/State Internal Audit Reviews

2 CFR 200. 500

As needed Both Ensure corrective action is taken to resolve audit findings

Monitor activities to en‐sure implementation

Review of MDOT’s Fi‐nancial and Pro‐ject/Program Manage‐ment System(s)

2 CFR 200 Annual Both Maintain compliant systems and sound internal controls safe‐guarding funds

Review systems and pro‐vide recommendations to MDOT

Review Adequacy of Sub‐recipients Project Delivery Systems and Sufficiency of Account‐ing Controls to Manage Federal‐aid Funds

23 USC 106; 2 CFR 330

Annual Both Ensure sub‐recipients maintain adequate project delivery sys‐tems and have sufficient ac‐counting control to manage Fed‐eral‐aid funds

Provide assistance as re‐quested in reviewing sub‐recipients project delivery systems

Approval of Increased Federal Share Agree‐ment (Sliding Scale)

23 USC 120(b)(2)

Both Prepare agreement for use of the increased Federal share and demonstrate compliance with statute and agreement

Review agreement and take appropriate action

Audit of Toll Facility Records and Certification of Ade‐quate Maintenance ‐ Report Submittal

23 USC 129 Annual Both Submit reports to FHWA Review reports and take appropriate actions

54


Responsible Agency


Highway Statistics Re‐ports (FHWA Reports 531, 532, 534, 536, 541, 542, 543, 536, 539, 562, 561, 566, 571, 556)

23 USC 420.105; 23 CFR 1.5

Annual Both Submit required reports.

Ensure reports are submit‐ted in timely

Motor Fuels Report and Oversight Review

23 USC 420.105; 23 CFR 1.5

Monthly/Annual

FHWA/ Michigan Department of Treasury

Submit required reports Ensure reports are submit‐ted in timely

Michigan Department of Treasury

Review of Biennial – Toll Facilities in the United States

23 USC 129 Every 2 years

Assist FHWA in conducting re‐view

Heavy Vehicle Use Tax (HVUT) – Certification of verifying proof‐of‐pay‐ment of HVUT

23 USC 141; 23 CFR 669

Annual FHWA/ Michigan Department of State

Submit certification to FHWA HQ

Governor or a designee (Secretary of State) must certify Michigan verifies HVUT was paid before issuing/renew‐ing registrations for heavy vehicles

Heavy Vehicle Use Tax (HVUT) – Triennial re‐view of State program

23 USC 141; 23 CFR 669

Every 3 years

FHWA / Michigan Department of State

Perform a review every 3 years of the State’s HVUT compliance

Review performed with Michigan Department of State

GHIB In‐Kind Match Credit Report

GHIB In‐Kind Match Credit MOU

Annual Both MDOT will provide an annual re‐port within 60 days of fiscal year end

Review report and take appropriate action

55


Responsible Agency


Major Projects (total cost>$500 million) – Fi‐nancial Plans and Cost Estimates

23 USC 106(h)

As needed/ Annual

Both Prepare financial plans and cost estimates in accordance with re‐quirements. Financial plans are to be completed prior to re‐quest for authorization of Fed‐eral‐aid funds for construction

Review and approve as appropriate

Some Financial Plans in this category will re‐quire FHWA HQ ap‐proval

Other Projects (total cost between $100 mil‐lion & $500 million) – Financial Plans Pro‐ject Funds Manage‐ment

23 USC 106(i)

As needed/ Annual

Prepare financial plans in ac‐cordance requirements. Finan‐cial plans are to be completed prior to request for authoriza‐tion of Federal‐aid funds for construction

Review financial plans as part of stewardship and oversight responsibility

56

INTELLIGENT TRANSPORTATION SYSTEMS (ITS)

Overview

FHWA works in cooperation with MDOT in the development and implementation of Intelligent Transpor‐tation Systems (ITS) initiatives in Michigan. MDOT has established a multi‐disciplinary ITS Steering Com‐mittee, of which FHWA is a member, to provide technical screening, strategic direction, and oversight at the program level.

FHWA and MDOT work cooperatively with Metropolitan Planning Organizations and Rural Task Force Committees to promote ITS planning, regional architecture use, and adoption and integration of ITS at the local level. MDOT and FHWA will work cooperatively to assure that ITS projects are consistent with the national ITS architecture, incorporate ITS standards, and are fully integrated.

FHWA and MDOT have formed partnerships in support of safety and congestion relief initiatives with other local, state, and international transportation agencies, including fire and law enforcement.

Background/History

MDOT has been deploying and pioneering intelligent transportation systems (ITS) since the

1960s. Early on, the systems included loop detectors, ramp metering, dynamic message signs (DMS) (also referred to as changeable message signs, or CMS), motorist aid telephones, highway advisory radio (HAR), and closed‐circuit television (CCTV) surveillance systems.

Today, the Program is in control of nearly 6,000 devices statewide, including over 600 CCTVs and over 200 DMSs. The diversified list of devices includes equipment for road weather information systems (RWIS), an active traffic management (ATM) corridor, microwave vehicle detection systems (MVDS), connected vehicle (CV) deployments, truck parking information and management systems (TPIMS), and communications infrastructure. These ITS devices are operated from MDOT’s three transportation oper‐ation centers (TOCs) and the Blue Water Bridge Operations Center (BWBOC) to actively monitor MDOT’s roadways and manage traffic incidents




National ITS Program Plan 23 USC Code 512

ITS Architecture and Standards 23 CFR Part 940

Real‐Time System Management Information Program

23 CFR Part 511

Autonomous Vehicle (AV) Operations MCL 257; 2016 PA 332

Remove AV Research and Test Only Restriction MCL 257.665b; 2016 PA 333

Mobility Research Centers MCL 257.601a; 2016 PA 334

AV Mechanic Liability MCL 600.2949b; 2016 PA 335

* Any approval action that FHWA has delegated to MDOT could be retained by FHWA as part of the PODI Approval Actions form. Both FHWA and MDOT should coordinate on review times to meet project schedules.

57

Key Program Areas


Statewide ITS Field Network and Device Maintenance Statewide ITS Asset Management Program Development and Maintenance of ITS Standards/Specification/Details ITS Program Strategic Planning ITS Capital Program Call for Projects (CFP) Process Administration ITS Capital Template Management ITS Operations Template Management Regional and Statewide ITS Architecture and Deployment Plans Systems Engineering Review/Oversight Advanced Traffic Management System (ATMS) Software Transportation Operations Centers (TOC) Management and Support Freeway Courtesy Patrol Strategies and Support Connected and Automated Vehicle (CAV) Program Administration Inter‐Departmental Coordination (DTMB, FHWA, FAA, FCC) Industry Participation and Leadership (AASHTO, SAE, ITE, ITS America) Michigan Partner Support (MEDC, UMTRI, Mcity, ACM, ITS Michigan) Public Outreach (Mi Drive Traveler Information Website) Statewide Video Sharing System Innovative Technology Deployment Types:

o Active Transportation and Demand Management (ATDM) Systems o Truck Parking Information and Management System (TPIMS) o Wrong‐Way Driver Warning System o Border Wait Time Information System o Weather Responsive Traveler Information System (Wx‐TINFO) o Over‐Height Warning Systems o Integrated Corridor Management (ICM) o Connected and Autonomous Vehicles (CAV) o Curve Speed Warning System

58




FHWA/MDOT Stewardship and Oversight Agreement As needed

MDOT ITS Strategic Plan May, 2018 As needed

MDOT Connected and Automated Vehicle Program (CAV) Stra‐tegic Plan

January, 2018 As needed

MDOT Regional ITS Architectures and Deployment Plans for:

the Bay Region;

the Grand Region;

the North Region;

the Southeast Michigan Council of Governments (SEM‐COG) including Livingston County;

the Southwest and University regions except Living‐ston County;

the Superior Region;

the Grand Valley Metropolitan Council;

and the Tri‐county Regional Planning Commission

November, 2014 As needed

MDOT Manuals, Guides, and System Operations Advisories (SOA) (As Applicable)

Various As needed

National ITS Architecture (US DOT Research and Innovative Technology Administration – ITS Joint Program Office)

October, 2019 As needed

Regional ITS Architecture Guidance (FHWA/FTA) October, 2019 As needed

MDOT Transportation Systems Management & Operations (TSMO) Implementation and Strategic Plan

January, 2020 As needed

MDOT Active Traffic Management (ATM) Strategies and Con‐cepts Guide

October, 2016 As needed

59




Responsible Agency

MDOT Action

FHWA Action

Business Standard Remarks

Plans, Specifications and Estimates for major ITS and PoDI Projects

23 CFR 630 Ongoing MDOT Develop‐ment

Approve

Plans, Specifications and Estimates for non‐major ITS and non‐PoDI Projects

Ongoing MDOT Develop‐ment

Technical Assistance Ongoing FHWA FHWA will provide ongoing tech‐nical assistance in the use of re‐gional ITS architectures, systems engineering analysis, and ITS standards, include these areas in routine risk assessment evalua‐tions, and work cooperatively with MDOT to use process re‐view techniques to assess and improve processes and proce‐dures.

Steering Committees Ongoing MDOT/ FHWA

FHWA will participate in project steering committees or other ongoing oversight processes for all major ITS projects and Con‐gressionally‐ designated ITS pro‐jects.

60


Responsible Agency

MDOT Action

FHWA Action


Regional Architecture Ongoing MDOT MDOT will provide FHWA with copies of ITS re‐gional architectures or amendments within 30 business days of adop‐tion. If the owners of the regional architectures choose to have FHWA concur in the architec‐ture, FHWA will be al‐lowed 21 business days, from receipt date, to re‐view and act on the doc‐ument.

Earmarks and Discretion‐ary Grants

Ongoing MDOT/ FHWA

FHWA will follow pre‐scribed processing re‐quirements for ITS “ear‐mark” projects as defined in specific implementa‐tion processes issued by FHWA Headquarters for each appropriation cycle.

Discretionary grants or earmarks (i.e., Integrated Mobile Observa‐tions program) are normally non‐construction projects and will be advanced and/or ap‐proved on a case‐by‐case basis. Typically, the projects are desig‐nated by earmark in appropria‐tions acts, or provided as part of a larger US DOT program, with specific implementation pro‐cesses issued by FHWA head‐quarters for each appropriations cycle.

Construction Inspections FAPG G 6042.8 Ongoing MDOT

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Responsible Agency

MDOT Action

FHWA Action


Systems Engineering Re‐view

Ongoing MDOT/ FHWA

MDOT will provide FHWA with copies of ITS Project Systems Engineering Doc‐uments within 30 busi‐ness days of adoption. MDOT may choose to have FHWA concur with the Systems Engineering documents, and FHWA will be allowed 21 busi‐ness days, from receipt date, to review and act on the documents.

62

LOCAL PUBLIC AGENCIES (LPA)

Overview

The MDOT Local Agency Program allows eligible Local Public Agencies (counties, cities, villages, and tribes) to partially administer Federal‐aid projects as sub‐recipients per (23 USC 106 (g)(4) and CFR 635.105(c)). LPAs are responsible for project design and construction engineering. MDOT provides over‐sight to ensure the LPA maintains compliance with all applicable Federal and State laws and require‐ments by performing project development reviews, confirms local projects are on the State Transporta‐tion Improvement Plan (STIP), requests federal obligation, advertises and awards projects, and provides limited construction oversight review and assistance.

Background/History

MDOT:

Michigan has a history of sharing Federal‐aid funds with LPAs since Public Act 51 of 1951 was signed into law. Funds are shared via distributions and formulas contained within PA 51. Annually, MDOT lets ap‐proximately 500 LPA projects valued at over $350 million.

The relationship between FHWA and MDOT has evolved over the years from prescribed full oversight to a more efficient Risk Based model. FHWA and MDOT have worked together to identify programs of high and low threats and opportunities to best manage a growing system while working within increasingly limited resources. Risk Based Stewardship and Oversight (RBSO) has helped meet the challenges of ever‐changing transportation responsibilities.












Pedestrian and Bicycle Accommodations and Projects 23 CFR 652


23 CFR 658


Project End Date 2 CFR 200

Qualification Based Consultant Selection 23 CFR 172

State Trunk Line Highway System MCL 247 PA 51 of 1951

Amendment to Act 51 ‐ warranties PA 175 of 2015

63

Key Program Areas


Planning Program Design Program Construction Program Finance Program Real Estate Program Environmental Program Consultant Procurement Program Civil Rights Program Innovative Contracting Program





AASHTO: A Policy on Geometric Design of Highways and Streets Seventh Edition As needed

AASHTO Standard Specifications for Highway Bridges Seventeenth Ed. As needed

AASHTO LRFD Bridge Design Specifications Eighth Edition As needed

AASHTO LRFD Bridge Construction Specifications Fourth Edition As needed

MDOT LAP Development Manual/Website Varies/Electronic As needed

MDOT Road Design Manual Varies/Electronic As needed

MDOT Bridge Design Manual Varies As needed

MDOT Bridge Design Guides Varies/Electronic As needed

MDOT Standard Specifications for Construction 2020 As needed

MDOT Standard Plans Varies As needed

MDOT Special Details Varies As needed

MDOT Drainage Manual January 2006 As needed

MDOT Geotechnical Manual December 2018 As needed

MDOT Construction Manual Varies/Electronic As needed

MDOT Density Testing and Inspection Manual 2003 Revised November 2018

As needed

MDOT HMA Production Manual January 2020 As needed

MDOT Materials Quality Assurance Procedures (MQAP) Manual October 2019 Annual

MDOT Materials Source Guide March 2020 Bi‐Annual

MDOT Soil Erosion and Sedimentation Control Manual April 2006 As needed

MDOT Work Zone Safety & Mobility Manual 2018 As needed

MMUTCD Part 6 September 2013 As needed

MDOT Field Manual for Pile Welding September 2012 As needed

MDOT Field Manual for Structural Bolting April 2014 As needed

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This table describes how FHWA and MDOT will conduct program related business. It is organized by ac‐tivity and provides information about the relative responsibilities for both FHWA and MDOT. For addi‐tional information about all Program Responsibilities see Attachment B of the May 2015 Stewardship and Oversight Agreement. Although there are many activities that are listed as MDOT responsibility, MDOT is encouraged to seek FHWA guidance when questions arise.

Activity – Including SOA Activities Schedule/ Frequency

Responsible Agency

MDOT Action FHWA Action See (4)

LPA Oversight Ongoing MDOT

Grade Inspection Ongoing MDOT

NEPA clearance Ongoing FHWA See (1) See (1)

ROW certification Ongoing MDOT

PS&E Approval Ongoing MDOT See (2) See (2)

Authorization/Obligation Ongoing FHWA To request To approve

Advertising/Award Ongoing MDOT

Construction Oversight Ongoing MDOT See (2) See (2)

Final Closeout and Acceptance Ongoing MDOT

Contract Modifications As Needed MDOT See (2) See (2)

Specification Review and Approval As Needed MDOT See (3) See (3)

Third Party Agreement Review As Needed MDOT

Guideline/Manual Updates As Needed MDOT Prepare and recom‐mend for approval

Concur in approval

Consultant Contract Selection As Needed MDOT

Design Standard Exceptions As Needed MDOT

(1) Categorical Exclusion to be approved by MDOT through Programmatic Agreement. EA or EIS to be approved by FHWA.

(2) MDOT to conduct/approve unless identified on Project of Division Interest (PoDI) Action Plan as a FHWA conduct/approval.

(3) MDOT to conduct/approve unless controversial or other reason to seek FHWA review, com‐ment, approval.

(4) Topics of a sensitive nature may necessitate FHWA review and approval regardless of whether FHWA is required to take action.

65

MAINTENANCE AND PRESERVATION

Overview

Title 23 USC defines maintenance as, “…the preservation of the entire highway, including surface, shoul‐ders, roadsides, structures, and such traffic‐control devices as are necessary for safe and efficient utiliza‐tion of the highway.” Title 23 further requires a state transportation department to maintain each pro‐ject constructed with Federal aid funds until such time that it no longer constitutes a part of the Federal aid system. FHWA is responsible for ensuring that maintenance of Federal aid projects is adequate and providing technical assistance in disseminating information on successful maintenance techniques.

Routine maintenance is not eligible for Federal aid funds. Preventive maintenance activities are eligible for Federal aid funds provided MDOT demonstrates to FHWA satisfaction that the activity is a cost‐effec‐tive means of extending the useful life of a Federal aid highway.

This section of the Agreement pertains to maintenance activities and the management of maintenance activities that are required to be accomplished by MDOT (or caused to be accomplished by MDOT) to fulfill its obligation under Title 23.

Background/History

As a condition of receipt of federal funds, MDOT is required to maintain or cause to be maintained, the federally funded roadways and associated appurtenances in the state of Michigan. FHWA will review road and bridge maintenance through a sampling of field observations, process reviews, program re‐views, and Quality Improvement Reviews. Any specific instances of inadequate maintenance or concerns regarding MDOT’s overall maintenance program will be brought to the attention of MDOT by FHWA.

MDOT is directly responsible for the performance of maintenance operations for 20 counties. Mainte‐nance operations for the remaining 63 counties are performed by the respective counties under con‐tract by MDOT. The contract oversight is the responsibility of the regions to ensure that maintenance operations are adequate for preservation of the National Highway System and projects constructed with Federal aid funds.

There are no reporting or approval actions associated with maintenance activities or the management of maintenance activities that are required to be accomplished by MDOT (or caused to be accomplished by MDOT).

Preventive Maintenance eligibility determinations will be made by FHWA. MDOT demonstrates that pre‐ventive maintenance is a cost‐effective means of extending the useful life of the system and therefore eligibility for Federal aid funds through the application of the MDOT asset management program and the guidelines established in the Capital Preventive Maintenance Manual.

FHWA approval is not required on a project level for maintenance activities unless special or unusual cir‐cumstances exist. The maintenance agreement, which is part of the project agreement, is a project‐level agreement in which MDOT agrees to maintain the constructed facility.

66




Maintenance 23 USC 116

Maintenance 23 CFR 1.27

Key Program Areas


Interstate: FHWA/MDOT/Locals State Highways: FHWA/MDOT/Locals Local Highways: MDOT/Locals




FHWA/MDOT Stewardship and Oversight Agreement

MDOT Local Agency Programs Guidance on Roadway Preven‐tive Maintenance Projects

MDOT CPM Manual

67




Responsible Agency

MDOT Action FHWA Action

FHWA may assess MDOT’s Preventive Maintenance Program through construction inspections on FHWA oversight projects, as well as process reviews.

23 CFR 1.27 Ongoing MDOT Develop and Deliver

As Needed Process Re‐views

FHWA may assess the cost effectiveness of the Preventive Maintenance Program at extending the life of the system through periodic review of MDOT’s asset management program.

23 CFR 1.27 Ongoing MDOT Monitor and Manage

As Needed Process Re‐views

Changes to MDOT’s Capital Preventive Manual (CPM) Manual 23 CFR 1.27 As Needed MDOT Develop and Im‐plement

Review and Approve

Local Agency Preventive Maintenance Guidelines Ongoing MDOT Develop/Up‐date and imple‐ment

Review and make recom‐mendations for considera‐tion (as necessary)

FHWA may inform MDOT of instances of inadequate maintenance or concerns of MDOT’s overall maintenance program.

23 CFR 1.27 As Needed MDOT Inform MDOT as necessary

MDOT shall advise the FHWA of any major updates or changes to the MDOT maintenance program, or significant maintenance policy changes.

23 CFR 1.27 As Needed MDOT Monitor and Re‐port

Assess and Respond as Necessary

FHWA will review and respond within 30 business days to MDOT for sub‐stantive changes to the Capital Preventive Maintenance Manual.

23 CFR 1.27 As Needed MDOT Identify, De‐velop, and Re‐port

Review and Respond

Local Agency Preventive Maintenance guidelines are periodically re‐viewed by FHWA

As Needed MDOT As Needed, Review and Report

Project Level Approvals – Project‐level changes to CPM Manual on FHWA Oversight Projects

23 CFR 1.27 As Needed MDOT Develop and Deliver

Review and Approve

Project Level Approvals – Non‐FHWA Oversight Projects As Needed MDOT Approve, De‐velop, Deliver

No Action Needed

Project Level Approvals – Non‐Standard, Pilot or Experimental Projects 23 CFR 1.27 As Needed MDOT Develop and Deliver

Review and Approve

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OPERATIONS

Overview

Traffic Operations is a cross‐functional program area that considers a variety of elements of the highway program. Traffic Operations contributes to project planning, development, and delivery through engi‐neering analysis of freight, vehicle, pedestrian, bicyclist, and other modal movements that are needed to produce sound project‐level decisions affecting safe and efficient highway and non‐motorist operations. The Traffic Operations program supports operations of highway facilities by providing operational tech‐niques, procedures, processes, guidance, and data analysis.

Background/History

Within the MDOT Division of Transportation Systems Management and Operations (TSMO), the Conges‐tion and Reliability Unit manages one funding template (recently combined the Freeway and Non‐Free‐way operations templates): The Operations template ($50 M/yr.). This template provides funding for an integrated program to optimize the performance of existing infrastructure by implementing systems, services, and projects to maximize capacity and improve the safety and reliability of the transportation system. MDOT Regions and TSCs submit candidate projects to be scored in competition with other pro‐jects by MDOT’s Operations Selection team, which is composed of people from various central office dis‐ciplines and multiple regions.



Topic Implementing Regulations

Interstate and non‐interstate NHS travel time reliability measures 23 CFR 490.105

Level of Travel Time Reliability 23 CFR 490.511

Truck Travel Time Reliability Index 23 CFR 490.211 and 490.513

National Performance Management Research Data Set 23 CFR 490.609

Key Program Areas


Traffic and Safety Program ITS Program Signals Program CMAQ program Traffic Incident Management

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FHWA will conduct routine project and final inspections of Traffic Operations aspects on FHWA Oversight projects. For all other projects, FHWA may conduct process reviews.

FHWA will conduct routine evaluation of the maintenance of traffic on active Federal aid pro‐jects to assure Traffic Operations components are being adequately maintained.

FHWA will provide ongoing technical assistance in Traffic Operations, will include this area in routine risk assessment evaluations, and will work cooperatively with MDOT to use process re‐views to assess and improve processes and procedures.



Electronic Traffic Control Device Guidelines 11/29/2017 As needed

MDOT VISSIM Protocol – v1.0 1/2/2020 As needed

Operations Project Submittal Manual – v2.3 2/19/2020 As needed


This table describes how FHWA and MDOT will conduct program related business. It is organized by ac‐tivity and provides information about the relative responsibilities for both FHWA and MDOT. For addi‐tional information about all Program Responsibilities see Attachment B of the May 2015 Stewardship and Oversight Agreement.

Activity Schedule/ Frequency

Responsible Agency

MDOT Action

FHWA Action

Business Standard

Report Travel Time Reliability Performance Measures

2 and 4 yr cycles

MDOT Prepare and Approve

Call for Projects project selection

Annual MDOT Prepare and Approve

Interchange/Access Modification

As Needed MDOT Prepare and Submit

Approve Response Times from date of for‐mal request: Division Approvals only: 30 days HQ Approvals: 45 days

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PAVEMENT AND MATERIALS

Overview

Pavements: 23 CFR 626 requires that pavements be designed in accordance with current and predicted traffic needs in a safe, durable, and cost‐effective manner. The regulations do not specify the proce‐dures to be followed to meet this requirement. MDOT is expected to use an appropriate design proce‐dure.

Materials: Subsection (a) of 23 USC 109 requires that the FHWA ensure that the plans and specifications for all proposed Federal aid highway projects provide for facilities that will adequately serve the existing and planned future traffic in a manner that is conducive to safety, durability, and economy of mainte‐nance. To fulfill this requirement for all Federal aid highway projects, the FHWA Michigan Division Office prime objectives are to:

Maintain a close working relationship with MDOT pavement management and design, mate‐rials, and construction staff.

Promote improvements when new approaches or technologies are developed and where deficiencies are identified.

Using a risk‐based approach, ensure that the materials incorporated in the construction work are of sufficient quality to help ensure the final product performs and provides the ex‐pected service life to the public.

Background/History

FHWA is required, by means of an approved quality assurance program, to assure the quality of materi‐als incorporated into Federal aid highway projects on the NHS. For Federal aid projects on the NHS, FHWA uses a risk‐based approach to:

Ensure that the materials incorporated in the construction work, and the construction oper‐ations controlled by sampling and testing, are in conformity with the approved plans and specifications.

Provide oversight of construction materials and compliance with federal requirements on a statewide basis.

Ensure adequate and qualified staff to maintain MDOT’s Quality Assurance responsibility as part of its Acceptance Program.

Ensure adequate and qualified staff to maintain MDOT’s Independent Assurance responsibil‐ity as part of its Acceptance Program.

Ensure compliance with, and assist in, maintaining the MDOT Laboratory and Technician Qualification Program.

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Construction 23 USC 114



Pavements 23 CFR 626


Key Program Areas


Hot Mix Asphalt (HMA) Portland Cement Concrete Aggregates Laboratory and Technician Qualification Warranties Buy America



FHWA/MDOT Stewardship and Oversight Agreement 2015

MDOT Pavement Selection Manual 2019

MDOT HMA Production Manual 2020

MDOT Procedures for Aggregates Inspection 2019

MDOT Quality Assurance Procedures Manual (MQAPM) 2019

MDOT Specifications (2012) 2012

MDOT Standard Plans

MDOT Special Details

MDOT Drainage Manual

MDOT Soils Manual

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Responsible Agency


All NHS ‐ Quality Assurance Program Acceptance Require‐ments, Materials test methods, Field Sampling and Testing

23 CFR 637.205 Ongoing MDOT Develop, Main‐tain, and Imple‐ment

Review and Report

Non‐NHS ‐ Quality Assurance Program Acceptance Re‐quirements, Materials test methods, Field Sampling and Testing

23 CFR 637.205 Ongoing MDOT Develop, Main‐tain, and Imple‐ment

Review, report and make recommendations as neces‐sary

All NHS & Non‐NHS ‐ Buy America Provisions and Waivers 23 CFR 635.410 Ongoing MDOT Implement Reg‐ulation

Review and assist

All NHS ‐ Laboratory and Technician Certification Pro‐grams. Assure Central Laboratory accredited by AASHTO Accreditation Program or FHWA approved comparable program. Assure Non‐STD designated lab used in dispute resolution accredited by AASHTO Accreditation Program or FHWA approved comparable program.

23 CFR 637.209 As Needed MDOT Develop and im‐plement

Review, report and make recommendations as neces‐sary

Non‐NHS ‐ Laboratory and Technician Certification Pro‐grams

23 CFR 637.209 As Needed MDOT Develop and im‐plement

No Action

All NHS ‐ Material or Product Selection: proprietary prod‐ucts, recycled materials, public interest findings (23 CFR 635.411)

23 CFR 637.205 Ongoing MDOT Evaluate and Accept

Review on FHWA Oversight projects only

Non‐NHS ‐ Material or Product Selection: proprietary products, recycled materials, public interest findings (23 CFR 635.411)

23 CFR 637.205 Ongoing MDOT Evaluate and Accept

No Action

Program Approval Actions – when significant changes are made to the Acceptance Program

23 CFR 637.205 As Needed MDOT Develop and Prepare

Approve ‐ FHWA will review and respond to MDOT for substantive changes in its Acceptance Program.

NHS & non‐NHS

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Responsible Agency


Program Approval Actions – MDOT Standard Specification 23 CFR 625.3 As Needed MDOT Develop and Prepare

Approve NHS & non‐NHS

Program Approval Actions – MDOT Supplemental Specifi‐cations and Frequently Used Special Provisions



Project Approval Actions ‐ Changes in Project Specifica‐tions for Materials on FHWA Oversight Projects



Project Approval Actions – Project Specific Special Provi‐sions on FHWA Oversight Projects



Project Approval Actions – Final Inspection/Acceptance and Certification Report on FHWA Oversight Projects



Program Monitoring – Acceptance Program 23 CFR 637.205 As Needed MDOT Develop and Im‐plement

FHWA may monitor MDOT’s Acceptance Program through construction inspec‐tions on FHWA oversight projects, as well as through process reviews.

Program Monitoring – Materials Testing and Acceptance 23 CFR 637.205 As Needed MDOT Develop and Im‐plement

FHWA may monitor the ac‐ceptance and testing of ma‐terials in accordance with MDOT’s Construction and Material Specifications and the MDOT Quality Assurance Procedures Manual on Fed‐eral aid projects through construction inspections and process reviews.

Program Monitoring – Acceptance Programs Independent Assurance Activities

23 CFR 637.207 Annually MDOT Develop, Imple‐ment, and will report annually to FHWA.

Review and monitor

74

PLANNING

Overview

Transportation planning plays a fundamental role in a state, region, or community’s vision for its future. It includes a comprehensive consideration of possible strategies; an evaluation process that encom‐passes diverse viewpoints; the collaborative participation of relevant transportation‐related agencies and organizations; and open, timely, and meaningful public involvement.

Transportation planning is a cooperative process designed to foster involvement by all users of the sys‐tem, such as businesses, community groups, environmental organizations, the traveling public, freight operators, and the general public, through a proactive public participation process.

Background/History

The MDOT Bureau of Transportation Planning (BTP) is divided into three distinct divisions. The Statewide Transportation Planning Division is charged with the MPO coordination, the MDOT Trunkline Call for Projects, and transportation demand modeling and several other duties. The Data Inventory and Inte‐gration Division handles traffic counting, HPMS, GIS and many additional duties. The Policy and Asset Management Division covers transportation policy development and review, asset management, and non‐motorized planning among their activities. The BTP works together to ensure that all federal and state regulations regarding planning are followed to maintain federal aid eligibility.

Note that the air quality/CMAQ and asset management programs each have their own program over‐sight manuals.



Statewide and non‐metropolitan planning 23 USC 135 23 CFR 450.200

Metropolitan planning 23 USC 134 23 CFR 450.300

Environmental Justice Executive Order 12898

Transportation performance management 23 USC 150 23 CFR 490

Freight planning 23 USC 167, 23 USC 117

Traffic monitoring 23 CFR 500

Certification of public road mileage 23 USC 402(c) 23 CFR 460

MIRE fundamental data elements 23 CFR 924.17

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Key Program Areas


Work Programs for SPR and MPO UPWPs Statewide Planning including STIP and the State Long Range Plan Metropolitan Planning including TIP and Metropolitan Long‐Range Plans Traffic monitoring Highway Performance Monitoring System (HPMS) Certification of Public Road Mileage Federal Aid Highway Systems Transportation Performance Measures (TPM) Pavement condition forecasting MDOT Trunkline Call for Projects Transportation demand modeling Geographic Information Systems (GIS) Federal aid management and distribution Bike and pedestrian planning Freight planning Transportation policy development Transportation Asset Management Plan (TAMP) Model Inventory Road Elements (MIRE) Data Collection




JobNet web‐based STIP management program Ongoing updates As needed

General Program Accounts Guidance Document June 7, 2018 As needed

Planning agreements between MDOT and MPOs dates vary As needed

Redesigned TIP Amendment process May 14, 2018 As needed

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Additional detail can be found in Appendix B of the Stewardship and Oversight Agreement.


Responsible Agency


Remarks

Planning funds distribution formula

23 CFR 420.109 As needed MDOT Develop formula. Approval. Not applicable.

State public involvement procedures

23 CFR 450.210 As needed MDOT Develop proce‐dures.

Review. Not applicable.

Consultation process for non‐metropolitan local offi‐cials.

23 CFR 450.210 As needed MDOT Develop proce‐dures.

Receipt of pro‐cedures.

Not applicable. Provided to FHWA for infor‐mational pur‐poses.

Statewide long‐range trans‐portation plan.

23 CFR 450.216 As needed MDOT Develop plan. Review for compliance.

Not applicable.

Statewide Transportation Improvement Program up‐date.

23 CFR 450.218; 23 CFR 450.220; 23 USC 135(g)

At least every 4 years

MDOT and MPOs

Develop STIP for non‐metro areas. Include TIPs by reference for metro areas.

Review and ap‐prove STIP and TIPs (with FTA).

Not applicable.

STIP/TIP amendments. 23 CFR 450.220 As needed. MDOT and MPOs

Review proposed amendments.

Amendment approval.

7 business days re‐view period except when there is a con‐formity demonstra‐tion.

Finding of consistency of planning process

23 CFR 450.220 Concurrent with STIP approval

MDOT and MPOs

Submittal of STIP/TIP

Develop plan‐ning finding with FTA

Not applicable.

SPR part I work program de‐velopment

23 CFR 420 Annual MDOT Develop and sub‐mit work pro‐gram to FHWA Division.

FHWA Division reviews/ap‐proves.

Work program ap‐proved prior to start of upcoming FY.

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Responsible Agency


Remarks

MPO Work programs devel‐opment

23 CFR 420 Annual MPOs MDOT review and submittal to FHWA Division.

FHWA Division reviews/ap‐proves.

Work programs are approved prior to start of upcoming FY.

MPO work program perfor‐mance reports

23 CFR 420.117 Annual MDOT with MPOs

MDOT submittal to FHWA

FHWA is just in receipt of re‐port.

Reports are due 90 days after end of FY for annual report.

Annual unless deemed neces‐sary more fre‐quently.

Metropolitan planning area boundary.

23 CFR 450.312 As needed MPOs in co‐operation with MDOT

Boundary files provided to FHWA HQ

Provided to FHWA for in‐formational purposes.

Not applicable.

MPO designation and re‐designation

23 CFR 450.310 As needed MPO No action re‐quired.

No action re‐quired.

Not applicable. Agreement re‐quired between Governor and lo‐cal governments

Metropolitan Transporta‐tion Plan updates and amendments

23 CFR 450.324 MTP up‐dates: at least every 4 yrs in non‐attainment and mainte‐nance areas; every 5 yrs in attain‐ment areas

MPO Review and sub‐mit to FHWA/FTA.

Review/ap‐proval with FTA.

Not applicable.

Revision of highway func‐tional classification

23 CFR 470.105 As needed MDOT Manage process. Review/ap‐proval of changes.

Not applicable.

Urban area boundaries 23 CFR 470.105 As needed MDOT Manage process. Review/ap‐proval.

Not applicable.

78

REAL ESTATE

Overview

Real Estate activities ensure that necessary property rights are uniformly acquired for MDOT to certify legal and physical possession of all Right‐of‐Way (ROW) required for construction of transportation pro‐jects and management of property interests. MDOT is also responsible for ensuring local agencies meet Federal aid requirements prior to ROW certification. Real Estate activities also include project develop‐ment, real property management and outdoor advertising.

Real Property Acquisition

Real property transactions for acquiring permanent (fee, easement) and temporary (consent) property rights for Federal aid projects involve unique processes:

Authority to begin real property acquisition Process for acquiring real property (Uniform Act) ROW Certification

FHWA and MDOT approval activities are related to the business process rather than the type of high‐way, i.e. ‐ Interstate system, National Highway System (NHS), and non‐NHS. The activities relating to real property acquisition are under full MDOT oversight. MDOT is responsible to assure local agency compli‐ance with all requirements of state and federal laws, regulations and policies related to real property acquisitions.

Project Development

Early acquisition, Federal reimbursement for hardship acquisition and protective buying, and functional replacements, require prior FHWA approval for all Federal Aid projects.

Real Property Management

Property management activities in the Interstate Limited Access ROW including all disposal, uses or changes in access control, require FHWA prior approval. Disposal of property rights purchased with Fed‐eral aid funds for less than fair market value, federal land transfer, and relinquishment of Federal aid fa‐cilities also require FHWA prior approval.

Highway Beautification/Outdoor Advertising

The administration of the Highway Advertising Program by MDOT is mandated by Highway Advertising Act, Public Act (PA) 106 of 1972, as amended and is the responsibility of the Utility Coordination, Permits and Agreements Section. This administration includes the responsibility for:

Generate annual renewal notifications, process permit applications, notify sign owners of viola‐tions, track violations

Represent the department at formal administrative hearings Assess and recommend solutions to resolve highly political matters Serve as the department’s statewide highway advertising program liaison with various depart‐

ment divisions, regions and TSC’s, legislators, billboard industry, local municipalities and the general public regarding the department’s highway advertising program’s state law, federal law and regulations, policies and procedures

Manage, develop and prepare guidance materials for the statewide billboard inventory Interpret existing and proposed laws, policies, and procedures, and make recommendations as

they relate and/or impact the highway advertising program

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Analyze the overall program operations: o Independently conduct surveys or special studies to determine the needs of the highway

advertising program o Lead in planning, evaluation and implementation of program improvements and changes o Implement modifications to policies and procedures to achieve greater efficiency and effec‐

tiveness Evaluate documents, statute, and procedures to assess structure of the statewide program Maintain the billboard GIS database, which includes updating points with permit changes (new

permits, cancelations, new owners); communicate with the GIS team on updates (new layers, update fields, improvements for a more user‐friendly map)

Junkyard Control and Acquisition

MDOT has the responsibility to control junkyards within 1000 feet of the nearest edge of the state high‐way right‐of‐way, primary or secondary highway as stipulated in Title 23 USC 136, Title 23 CFR 751.1 to 751.25, and Control of Junkyards Adjacent to Highways, Public Act (PA) 219 of 1966, as amended. How‐ever, due to a lack of federal beautification funds, an active screening or acquisition program is not in effect.

According to PA 219 of 1966, permits are required for the following:

All junkyards established after July 11, 1966, adjacent to Interstate and primary highways Junkyards established after January 1, 1973, adjacent to secondary highways The contiguous expansion of both nonconforming and legally permitted junkyards Junkyards being reestablished after losing nonconforming status. These junkyards shall be con‐

sidered new junkyards All new or expanded junkyards adjacent to state highway Right‐of‐Way or county primary road

right‐of‐way

Background/History

FHWA, in coordination with MDOT, revisited activities that could be delegated back to MDOT per 23 USC 106. Changes in the delegation of authority to MDOT for certain ROW Program activities, previously re‐tained by FHWA within the 2015 SOA and POM, are outlined here. All changes have been included in the FHWA approved MDOT Real Estate Procedures Manual.

ROW Certification (23 CFR 635 Subpart C):

Conditional ROW Certification feasibility/practicality ‐ MDOT is responsible for determining the feasibility/practicability for allowing authorization of construction prior to completion of ROW clearance, utility, and railroad work. FHWA retains approval for designated PoDI Projects.

Public Interest Finding for Conditional ROW Certification ‐ MDOT is responsible for preparing the Public Interest Finding on whether they can proceed with bid advertisement prior to completion of ROW acquisition/relocation activities. FHWA retains approval for designated PoDI Projects. MDOT will be responsible for determining compliance with the provisions stated in 23 CFR 635.309(c)(3).

Conditional ROW Certification Approval ‐ MDOT is responsible for approving conditional Certifi‐cation Acceptance for Federal‐aid projects (except as specified in the project PoDI Agreement) where the ROW has not been cleared/certified prior to the authorization and/or award of a con‐struction project.

80

o MDOT is responsible for providing appropriate notification in the bid proposals identifying the ROW clearance status and required construction coordination.

o MDOT is responsible for costs associated with contractor delay/claims if MDOT is unable to comply with the tract provisions as specified in the bid proposal (as amended).

Real Property Management ‐ Use and Change of Access Control (23 CFR 710 Subpart D):

Disposal of Property Rights ‐ MDOT is responsible for approving disposal at fair market value of federally funded right‐of‐way, including disposals of access control; FHWA retains approval for all Interstates within the approved ROW limits. MDOT will request FHWA’s concurrence on con‐troversial non‐Interstate disposals, including disposals of access control.

Non‐Interstate Use Agreements ‐ MDOT is responsible for approving non‐highway use and occu‐pancy agreements federally funded right‐of‐way for non‐Interstate. FHWA retains approval for Interstates within the approved ROW limits. MDOT will request FHWA’s concurrence on contro‐versial non‐Interstate proposed use and occupancy.





Acquisition of rights‐of‐way‐ Interstate System 23 USC 107

Advance Acquisition of Real Property 23 USC 108


Agreements Relating to Use of and Access to Right‐of‐Way – Interstate System

23 USC 111

Control of Outdoor Advertising 23 USC 131 23 CFR 750

Donations and Credits 23 USC 323

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended

42 USC 4601

Right of Way 23 CFR 1.23

Relinquishment of Highway Facilities 23 CFR Part 620, Subpart B

Project Authorization and Agreements 23 CFR 630, Subpart A (630.102‐112)

Physical Construction Authorization 23 CFR 635, Subpart C

Accommodation of Utilities 23 CFR Part 645, Subpart B

Railroad‐Highway Projects 23 CFR Part 646, Subpart B

Right‐of‐Way and Real Estate 23 CFR Part 710

Highway Beautification 23 CFR 750

Junkyard Control and Acquisition 23 CFR 751

Uniform Administrative Requirement for Grants and Co‐operative Agreements to State and Local Governments

49 CFR Part 18

Uniform Relocation Assistance and Real Property Acqui‐sition for Federal and Federally‐Assisted Programs

49 CFR Part 24, Subpart G Certification

81

Key Program Areas


Acquisition Appraisal Demolition Disposal of Real Property Interests Program Management Property Management Relocation Outdoor Advertising Junkyard Control Utility Accommodation




MDOT Real Estate Procedure Manual 08/23/2018 Every 5 years thereafter

MDOT Highway Advertising Procedure and Desk Operating Manual 2018 As needed

MDOT Outdoor Advertising Enforcement Procedures 2020 As needed

MDOT Real Estate Procedure Manual:

MDOT is responsible for maintaining a manual describing its Real Estate organization, policies and procedures. MDOT functions and procedures shall be described for all phases of the real estate program, including appraisal and appraisal review, waiver valuation, negotiation and emi‐nent domain, property management, relocation assistance, administrative settlements, legal settlements and oversight of subgrantees (local agencies) and contractors.

Changes to the manual will be made on an annual basis or on an interim basis if significant changes, e.g. new regulations or corrective actions mandate a change. Changes based on new FHWA requirements or changes in state law, etc., will be sent to FHWA for approval. Manual up‐dates involving grammar and language clarity revisions will be sent to FHWA for informational purposes and do not require FHWA approval.

In accordance with 23 CFR 710.201(c), MDOT’s Chief Operation Officer shall certify to the FHWA every five years after August 23, 2018, that the Real Estate Procedure Manual conforms to exist‐ing practices and contains necessary procedures to ensure compliance with federal and state real estate laws and regulation.

MDOT Highway Advertising Procedure and Desk Operating Manual:

This procedure manual is formally revised or updated as federal or state statutes and regula‐tions change. Revisions require FHWA approval prior to implementation.

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Responsible Agency

MDOT Action


Remarks

Determine feasibility/practicability for al‐lowing authorization of construction prior to completion of ROW clearance, utility, and railroad work (Conditional Right‐of‐Way Certification)

23 CFR 635.309(b)

As needed MDOT Approve Approve – desig‐nated PODI pro‐

jects only

ROW Certifi‐cation

FHWA retains ap‐proval for desig‐nated PODI pro‐

jects

Prepare public interest finding for MDOT to proceed with bid advertisement prior to completion of ROW acquisition/reloca‐tion activities

23 CFR 635.309(c)(3)

As needed MDOT Approve Approve ‐ desig‐nated PODI pro‐

jects only


FHWA retains ap‐proval for desig‐nated PoDI pro‐

jects

Ensure compliant ROW certificate is in place

23 CFR 635.309(c)

As needed MDOT Approve Approve ‐ desig‐nated PODI pro‐

jects only


FHWA retains ap‐proval for desig‐nated PoDI pro‐

jects

Approve Hardship and Protective Buying 23 CFR 710.503 As needed FHWA Request Review, Approve, Authorize

Hardship Ac‐quisition and Protective Buying

This action cannot be delegated to

the State

Approve Interstate Real Property Interest Use Agreements for non‐highway use and occupancy (which are not covered by Utility Accommodation Policy per 23 CFR 645)

23 CFR 710.405 As needed FHWA Request Review, Approve, Authorize

Interstate Use Agree‐ments


the State

83


Responsible Agency

MDOT Action


Remarks

Approve Non‐Interstate, including all lim‐ited access ROW for non‐highway use and occupancy

23 CFR 1.23(c) As needed MDOT Approve Concurrence ‐ controversial non‐Interstate proposed use and occupancy

Non‐Inter‐state Use

Agreements

FHWA can be re‐quested to concur or even approve controversial pro‐posed uses espe‐cially for non‐In‐terstate LA ROW.

Approve disposal at less than fair market value of federally funded right‐of‐way, in‐cluding disposals of access control

23 U.S.C. 156 As needed FHWA Request Review, Approve Disposal of Property Rights

This action cannot be delegate to the

State

Approve disposal at fair market value of federally funded right‐of‐way, including disposals of access control

23 CFR 710.409 As needed MDOT Approve‐

Non‐In‐

terstate

Approve – all within Interstate

ROW Concurrence – controversial non‐Interstate

disposals

Disposal of Property Rights

Disposal of Access control (LA ROW) on Interstates cannot be dele‐

gated to the State.

Request credit toward the non‐Federal share of construction costs for early ac‐quisitions, donations or other contribu‐tions applied to a project

23 CFR 710.501, 23 CFR 710.505

As needed FHWA Request Review, Approve, Authorize

Early Acquisi‐tion


the State

Federal land transfers 23 CFR 710, Subpart F

As needed FHWA Request Review, Approve Federal Land Transfer


the State

Functional replacement of property 23 CFR 710.509 As needed FHWA Request Review, Approve Functional Replacement


the State

84

RESEARCH, DEVELOPMENT AND TECHNOLOGY TRANSFER

Overview

The purpose of this program is to implement the provisions of 23 USC 505 State Planning and Research (SPR) for effectively utilizing FHWA SPR funds by undertaking research and development activities that have a direct bearing on improving Michigan’s transportation program. A primary element of 23 CFR Part 420—Planning and Research Program Administration is to utilize SPR Part II funds for developing and implementing the Research, Development, and Technology Transfer Program. Through the estab‐lishment of this program:

An annual work program and budget is established. Research, development, and technology transfer activities are monitored. Program performance and expenditure reports are submitted. Peer exchanges are conducted. Research and development management process is established. Research deliverables are incorporated into MDOT’s transportation program processes (manu‐

als), materials, and/or best practices. Research final reports are posted to the MDOT/Research website to make available and share

research results with other state DOTs and FHWA.

MDOT is responsible for coordinating and monitoring the SPR Part II Program that operates based on the state’s fiscal year. MDOT may process amendments and revisions to the annual work program and budget as necessary. M2D2 (Multi Modal Development and Delivery) is supported in the MDOT Re‐search Program by inclusion of the multiple modes within our Research Advisory Committee Structure and incorporation of multiple projects related to the various transportation modes.



Topic Law Implementing Regulation

State Planning and Research (SPR) 23 USC 505 23 CFR 420

Key Program Areas


Annual research program Research, development, and technology transfer activities Peer exchanges Research and development management process Research deliverables STIC/EDC coordination

85




FHWA/MDOT Risk Assessment 9/2020 Annually

Research and Implementation Manual 12/2018 As needed

University Transportation Center Administration Manual 10/4/2013 As needed

Annual Research Work Program 8/2019 Annually

Annual Expenditure and Accomplishment Report 12/2019 Annually

86




Responsible Agency


Remarks

Research Annual Program 23 USC 505 and 23 CFR 420

Annually FHWA Develop & Submit Approve Pro‐gram

Approved prior to start of each Fiscal Year, in time for ob‐ligation of funds

MDOT Develop and FHWA ap‐prove

Program Amendment Process 23 USC 505 and 23 CFR 420

As needed FHWA Develop & Submit Approve Amendment

n.a. MDOT Develop and FHWA ap‐prove

Annual Expenditure and Accom‐plishment Report Submittal

23 USC 505 and 23 CFR 420

Annually MDOT Compile & Submit File 90 days following end of reporting pe‐riod (Fiscal Year)

MDOT submit to FHWA

FHWA/MDOT Risk Assessment Process

n.a. Annually MDOT/ FHWA

Develop with FHWA

Develop with MDOT

n.a. MDOT and FHWA develop collabo‐ratively

Research and Implementation Manual Updates

n.a. As needed MDOT Update & Submit File n.a. MDOT submit to FHWA

University Transportation Center Administration Manual Updates

n.a. As needed MDOT Update & Submit File n.a. MDOT submit to FHWA

87

SAFETY

Overview

Key safety program activities serve to ensure the safety of Michigan’s roadways is monitored to ensure roadway and crash types of higher risk are identified and addressed as part of the annual Highway Safety Improvement Program (HSIP). This is a data‐driven, strategic approach to improving highway safety on all public roads with a focus on performance to achieve a significant reduction in traffic fatali‐ties and serious injuries. Some activities are required by state/federal statute, regulation or FHWA pol‐icy. Other beneficial activities, which are not necessitated by law or regulation, are encouraged subject to a risk‐based approach, and resource availability.

Background/History

The general structure of the HSIP is to select cost‐effective safety improvements, as identified in Michi‐gan's Strategic Highway Safety Plan (SHSP), to address locations with correctable fatality (K) and serious injury (A) crashes. Projects are selected and identified during the annual Call for Projects process for lo‐cal and non‐local roadways. The selected projects are designed and implemented via the Region offices and Local Agency Programs oversight. Before and After studies are conducted to evaluate the effective‐ness of a countermeasure.







Highway Safety Improvement Program (HSIP) 23 USC 148, 924 23 CFR 490 Sub‐part B, 23 CFR 924

Crash/Safety Data Collection 23 USC 148

Strategic Highway Safety Plan (SHSP) 23 USC 148, 23 USC 150 23 CFR 924

Railroad‐Highway Crossings Program 23 USC 130 23 CFR 646 Sub‐part B

Safety Performance Targets 23 USC 150, 490

Safe Routes to School 23 USC 402

FHWA Bicycle and Pedestrian Policy 23 USC 217

High Risk Rural Roads 23 USC 148

88

Key Program Areas


The Highway Safety Improvement Program Trunkline Crash Surveillance Program Local Safety Initiative Data Driven Safety Analysis Non‐Motorized Safety Road Safety Audits High Risk Rural Roads




FHWA/MDOT Stewardship and Oversight Agreement May 2015

AASHTO: A Policy on Geometric Design of Highways and Streets

6th Edition, 2011

MDOT Standard Plans As needed

MDOT Special Details As needed

HISP Annual Report Annually, September 30

State Strategic Highway Safety Plan December 2019

Annual Safety Performance Targets 2021 Annually

Manual on Uniform Traffic Control Devices 2009

Michigan Manual on Uniform Traffic Devices 2011

AASHTO, Roadside Design Guide 4th Edition, 2011

Highway‐Rail Crossing Handbook 3rd Edition 2019

89




Responsible Agency


Remarks

HSIP Annual Report 23 USC 148 Annually MDOT Submit draft report to FHWA by August 31. Finalized HSIP report to FHWA by Septem‐ber 24.

FHWA provide MDOT comments on draft report

5 business days

Division sends report to Office of Safety by Septem‐ber 30.

Strategic Highway Safety Plan 23 USC 148 Every four years

MDOT Submit draft plan FHWA review and approve process used to develop SHSP updates

14 business days

Division will provide copy of SHSP approval letter to HQ.

Annual Safety Performance Tar‐gets (TPM)

23 USC 134, 148 150, 490

Annually MDOT Submit targets to FHWA by August 31

MPOs have an additional 180 days to report their targets to MDOT.

Review Drug Offender Driver’s Li‐cense Suspension Law & Enforce‐ment Certification (section 159)

23 USC 159 23, CFR 192.5

Annually MDOT Submit targets to FHWA by January 1

FHWA sends letter to MDOT

Review Safety Belt Compliance Status

23 USC 153, 23 CFR 1215.6

Annually MDOT

High Risk Rural Roads (HRRR) Special Rule

23 USC 148(g)(1) Annually FHWA After the final FARS & HPMS data are available, FHWA HQ will inform the States if the HRRR Special Rule applies for the following FY.

Older Drivers and Pedestrians Special Rule

23 USC 148 As needed MDOT/SHSP Include strategies to address increases in subsequent SHSP up‐dates

Coordinate with MDOT to include strategies in SHSP update

90

SPECIFICATIONS

Overview

Specifications provide for the basis of payment and facilitate the administration of contracts. Specifica‐tions delineate the materials, equipment, and performance parameters for the work, establish levels of acceptability, and serve as the basis for project decisions. In summary, specifications serve as the basis for delivering the highway product to the end user. Specifications include:

MDOT Standard Specifications for Construction Supplemental Specifications Frequently Used Special Provisions Project Specific/Inserted Special Provisions Local Agency Special Provisions

Background/History

Regulations require that the Plans, Specifications, and Estimates (PS&E) for Federal aid highway projects on the National Highway System (NHS) be approved on a project‐by‐project basis prior to advertisement of the project. Standard specifications, supplemental specifications, and frequently used special provi‐sions are not regulated documents, but are approved by the FHWA to simplify the PS&E review process. Once approved, standard specifications can be used on Federal aid projects without further review. In the absence of pre‐approved standard specifications, all the required specification information would have to be included and approved as part of the PS&E package for each project.

MDOT does not differentiate between NHS and non‐NHS projects. When it comes to the development and implementation of standard specifications, a single set of standard specifications is used.


The following table is a collection, by topic, of the federal and state laws, regulations, and orders per‐taining to this program. This list is not exhaustive and other Federal and State laws, regulations and or‐ders may also apply.








Design‐Build Contracting 23 CFR 636

Utilities 23 CFR 645



Pedestrian and Bicycle Accommodations and Projects 23 CFR 652

91


Traffic Operations 23 CFR 655

Carpool and Vanpool Projects 23 CFR 656


Emergency Relief Program 23 CFR 668

Landscape and Roadside Development 23 CFR 752

Intelligent Transportation System Architecture and Standards 23 CFR 940



Key Program Areas


Standard Specifications for Construction Special Provisions Design Standards


Procedure, Agreement, Manuals Version/Edition (as available)

Update cycle (if applicable)

FHWA/MDOT Stewardship and Oversight Agreement 2015

MDOT Standard Specifications for Construction 2012 2020

MDOT Road Design Manual

MDOT Bridge Design Manual

MDOT Bridge Design Guides

MDOT Standard Plans

FHWA, Technical Advisory: Development and Review of Specifica‐tions, March 24, 2010

2010

92




Responsible Agency

MDOT Action

FHWA Action

FHWA may assess the performance of individual specifications via program, process, and project reviews conducted in accordance with this Agreement.

23 CFR 625 As Needed MDOT Administer Review and Approve

FHWA will participate, to the extent practicable, on the various revision com‐mittees for the complete revision of the Standard Specifications for Construc‐tion.

As Needed MDOT Administer Review and Approve

Final review timeframe and approval of the Standard Specifications for Con‐struction will be negotiated prior to the activity.

As Needed MDOT Administer Review and Approve

FHWA will review and respond to MDOT for Frequently Used Special Provi‐sion approval within 14 calendar days of receipt or as agreed upon.

As Needed FHWA Administer Review and Approve

The MDOT Standard Specifications for Construction Supplemental Specifications are approved by FHWA on a program basis to facilitate project approvals; with the exception of the errata supplemental specification.


Non‐standard Construction and Material Specifications or Project Specific Special Provisions and Previously Approved Project Special Provisions are approved on a project‐by‐project basis at the time of PS&E in accordance with the agreed level of Project of Division Interest (PoDI) project oversight.


93

UTILITY COORDINATION

Overview

Utility Coordination involves communicating and coordinating MDOT’s highway improvement projects with utilities, identifying conflicts and finding resolutions in order to meet the scheduled letting date and to alleviate project construction phase utility impacts which may result in project extras and/or delays. Some activities are required by state/federal statute, regulation or FHWA policy. Utility coordination best practices, such as subsurface utility engineering, the use of a utility conflict matrix and utility part‐nering meetings, which are not necessitated by law or regulation, are encouraged but subject to re‐source availability.

Background/History

MDOT and FHWA have and continue to recognize the importance of managing utility conflicts through successful communication, coordination, and cooperation.




Public Act 368 of 1925 (Highway Obstructions and Encroachments; Use of Highway by Public Utilities)

MCL 247.171

Public Act 174 of 2013 (MISS DIG Underground Facility Damage Pre‐vention and Safety Act)

MCL 460.721


Relocation of Utility Facilities 23 USC 123


Utility Relocations, Adjustments and Reimbursement 23 CFR 645 (A)

Accommodation of Utilities 23 CFR 645 (B)

Executive Order on Accelerating Broadband Infrastructure Deploy‐ment

Key Program Areas

No key program areas within MDOT’s Utility Coordination program or related to the program.

94


Procedure, Agreement, Manuals Version/Edition (as available)

Update Cycle (if applicable)


AASHTO A Policy on the Accommodation of Utilities within Freeway ROW

October 2005

AASHTO A Guide for Accommodating Utilities within Highway ROW

October 2005

MDOT Road Design Manual As needed

MDOT Utility Accommodation Policy March 2011 As needed

MDOT Utility Coordination Procedural Manual As needed

ASCE Standard Guideline for the Collection and Depiction of Exist‐ing Subsurface Utility Data (38‐02)

2002

FHWA Program Guide Utility Relocation and Accommodation on Federal Aid Highway Projects

January 2003

Buy America Issues to Consider for Utility Contracts and Agree‐ments

December 2012

95




Responsible Agency


Utility Coordination Procedural Manual

As Needed MDOT Develop and Maintain

None

MDOT’s Utility Reimbursement Pro‐cedure

23 CFR 645 Sub‐part A


Approval Needed Re‐writing Current Procedures for Sub‐mittal

Approval of Utility Agreement / Al‐ternate Procedure

23 CFR 645.119 As Needed MDOT Develop and Maintain

Approval Needed

Utility Accommodation Policy 23 CFR 645.215, 23 USC 109(l), 23 USC 123


Approval Needed

MDOT’s Certification Acceptance for Utility Coordination

All Projects MDOT Certify None

Pursue Innovative Opportunities e.g. STIC, EDC, SHRP and Other Programs for Utility Coordination

When Available MDOT/FHWA Employ Promote and Sup‐port

Utility Research Grants When Available MDOT Create / Apply Review / Approve

Utility Coordination Meeting Quarterly & As Needed

MDOT/FHWA Participate Participate Discuss Issues and Opportunities

96

VENDOR PROCUREMENT

Overview

MDOT uses Federal aid funds to procure consultant/vendor services. In accordance with the FHWA/MDOT Stewardship and Oversight Agreement, Attachment A, FHWA is responsible for approving MDOT’s consultant/vendor procurement guidelines and major changes such as modified or new proce‐dures, and exceptions. FHWA has direct oversight of the consultant/vendor procurement on major pro‐jects with construction valued over $500 million.

Typically, Local Public Agencies (LPA) do not use federal aid funding for the design of their projects, how‐ever when they do, MDOT utilizes separate guidelines for procurement of those services and utilizes third‐party agreements.

In addition to approving MDOT and LPA consultant/vendor procurement guidelines, FHWA is responsi‐ble for periodic program/process review to assure compliance with the approved selection guidelines. This review generally occurs every three years and applies to the both MDOT’s and the Local Agency Program consultant/vendor procurement/selection processes.

Background/History

MDOT Administered Projects:

MDOT uses several methods for procuring consultant/vendor services: a qualification‐based selection (QBS) process, a low‐bid process, and a best value process. Request for Proposals (RFP) for all services greater than $250,000 are posted on MDOT’s Web site.

“Brooks Act” or Qualification Base Selection (QBS) services for projects valued at $250,000 or more, are defined as professional services of an architectural or engineering nature, as defined by State law, if ap‐plicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described as:

professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property

other professional services of an architectural or engineering nature, or incidental services in‐cluding: studies, investigations, surveying and mapping, tests, evaluation, consultations, com‐prehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of op‐erating and maintenance manuals, and other related services.

Some services, whether QBS, low bid, or best value, will require a consultant/vendor to be MDOT prequalified to be eligible to participate in the selection. For these services, the RFP will clearly state what prequalification classification(s) are required. The only exception to prequalification is the MDOT Small Business Development Program.

MDOT’s current trunkline approved process is comprised of three tiers:

Tier I Services (Services Estimated less than $250,000) Tier II (Greater than $250,000 to $1,500,000) Tier III (Greater than $1,500,000)

97

In addition, MDOT also has the option of utilizing an Expedited contracting process when the project is being funded by 100% state funding.

Tiers II and III must comply with QBS and the Brooks Act, if the selection involves professional engineer‐ing or architectural services as noted above and use Federal‐aid.

Local Agency Administered Projects:

MDOT’s Local Agency Program employs an FHWA approved process for its oversight of LPA consultant selections. The engineering or architectural contract is a third‐party contract between the LPA and the LPA consultant. This third‐party contract is required to be in place as part of the cost sharing agreement, between MDOT and the LPA, and an agreement is executed for each phase of the project. The MDOT Local Agency Program (LAP) unit periodically updates and revises the LPA consultant selection document to meet current requirements in accordance with the FHWA/MDOT Stewardship and Oversight Agree‐ment, Attachment A; whereas, major changes in the document are approved by FHWA.

MDOT LAP approved process includes:

Services less than $100,000 follow small purchase procedures Service greater than $100,000 follow the Brooks Act requirements including QBS.





Letting of Contracts 23 USC 112

Construction 23 USC 114 (a)

State Transportation Department 23 USC 302

Mapping 23 USC 306

Rules, regulations and recommendations 23 USC 315

Highway Safety Program 23 USC 402

Selection of Architects and Engineers (Brooks Act) 40 USC 1101

Public Contracts, Definitions, Simplified Acquisition 41 USC 403(11),

Engineering Services 23 CFR 1.11

Conflicts of Interest 23 CFR 1.33

Procurement, Management, and Administration of Design Re‐lated Services

23 CFR 172

Administrative Requirements, Cost Principles, and Audit 2 CFR 200

Non‐procurement suspension and disbarment 2 CFR 1200‐1201

Contract Cost Principles and Procedures 48 CFR 31

Office of the Chief Information Officer 49 CFR 1.48(b)

Participation by Disadvantaged Business Enterprises In De‐partment Of Transportation Financial Assistance Programs

49 CFR 26

98

Key Program Areas

This is the key program area within the program or related to the program.

Consultant Management related to Procurement, management, and administration of Engi‐neering and design related services




Selection Guidelines for Service Contracts 03/10/2020 As needed

MDOT Local Agency Program (LAP) Policies & Procedures for Procurement, Management and Administration of Preliminary Engineering, Construction Engineering or Testing Related Ser‐vices Using State or Federal Funds

10/31/2017 As needed

Conflict of Interest Guidance For Consultant Services on Lo‐cal Agency Federal‐Aid Projects

03/30/2020 As needed

Third Party Template for Local Agencies 06/15/2016 As needed

Dispute Resolution Process 01/06/2000 As needed

99



Activity Schedule/ Frequency

Responsible Agency


Remarks

Review period to approve or deny an excep‐

tion to procedures and requests relating to a

major project consultant selection.

Ongoing FHWA Review and vet requests; submitting those recom‐mended for FHWA approval

Approve 5 Business Days

Manual or major policy updates Ongoing FHWA Prepare and submit for FHWA Approval


Tier assignment and selection, non‐ Major Pro‐ject

Ongoing MDOT Approve Approve excep‐tions to policy

3 Business Days

RFP & RFQ scope and advertisement, non‐Ma‐jor Project

Ongoing MDOT Approve Review as re‐quested

5 Business Days

RFP for Consultant’s Acting in a Management Role

Ongoing FHWA Prepare and submit for FHWA Approval

Approve Complexity Dependent

May require coordination with FHWA HQ

Federal Funding authorization Ongoing FHWA Prepare and submit for FHWA Approval


Amendments and extension to contracts Ongoing MDOT Approve Approve excep‐tions to policy

3 Business Days

Non‐competitive selection approval Ongoing FHWA Prepare and submit for FHWA Approval


Emergency Relief (ER) non‐competitive FHWA approval is handled with the approval of qualifying ER Event

All activities related to Major Projects, ap‐proval of RFI, RFQ, RFP, all amendments and extension to the contract

Ongoing FHWA Prepare and submit for FHWA approval

Approve 5 Business Days; Com‐plexity De‐pendent

Contract Settlements Ongoing FHWA Prepare and submit for FHWA approval

Approve Complexity Dependent

100

APPENDIX A: Acronyms

AASHTO .......... American Association of State Highway and Transportation Officials ACHP ............... Advisory Council on Historic Preservation ADA ................. Americans with Disabilities Act BOBS ............... Bureau of Bridges and Structures BOHIM ............ Bureau of Highways Instructional Memos BPD ................. Base Plan Date CAP .................. Compliance Assessment Program CE .................... Categorical Exclusion CFR .................. Code of Federal Regulations CMAQ ............. Congestion Mitigation and Air Quality CPG ................. Consolidated Planning Grant CPM ................ Capital Preventative Maintenance DBE ................. Disadvantaged Business Enterprise DBE/SS ............ Disadvantaged Business Enterprise/Supportive Services DEIS ................. Draft Environmental Impact Statement DOT ................. State Department of Transportation EA .................... Environmental Assessment EEO ................. Equal Employment Opportunity EIS ................... Environmental Impact Statement EO ................... Executive Order EPA .................. Environmental Protection Agency ER .................... Emergency Relief ESA .................. Environmental Site Assessment FAA .................. Federal Aviation Administration FAHP ............... Federal aid Highway Program FAPG ............... Federal aid Policy Guide FAST ................ Fixing America’s Surface Transportation Act FHWA .............. Federal Highway Administration FHWA‐HQ ....... Federal Highway Administration Headquarters (D.C) FIRE ................. Financial Integrity Review and Evaluation FMIS ................ Federal Management Information FONSI .............. Finding of No Significant Impact FTA .................. Federal Transit Administration GARVEE ........... Grant Anticipation Revenue Vehicle System GIS ................... Geographic Information System GTSAC ............. Governor’s Traffic Safety Advisory Commission HOT ................. High Occupancy Toll HOV ................. Highway Occupancy Vehicle HPMS .............. Highway Performance Monitoring System HRRR ............... High Risk Rural Roads HSIP ................. Highway Safety Improvement Program HVUT ............... Heavy Vehicle Use Tax IACR ................ Interstate System Access Change Request IAJR ................. Interstate System Access Justification Reports ICAP ................. Indirect Costs Allocation Plans

101

ISACR ............... Information System Access Change Request ISTEA ................ Intermodal Surface Transportation Efficiency Act of 1991 ITS ................... Intelligent Transportation Systems L&D ................. Location & Design LAP .................. Local Agency Program LPA .................. Local Public Agency LRFD ................ Load and Resistance Factor Design LTAP ................. Local Technical Assistance Program MAP‐21 ............ Moving Ahead for Progress in the 21st Century MDNR ............. Michigan Department of Natural Resources MDOT .............. Michigan Department of Transportation MDPS .............. Michigan Department of Public Safety MFOS .............. MAP Financial Obligation System MIOSHA .......... Michigan Occupational Safety and Health Administration MMUTCD ........ Michigan Manual on Uniform Traffic Control Devices MOA ................ Memorandum of Agreement MOU ............... Memorandum of Understanding MPL ................. Metropolitan Planning Funds MPO ................ Metropolitan Planning Organization MUTCD ............ Manual on Uniform Traffic Control Devices NAAQS ............ National Ambient Air Quality Standards NBI .................. National Bridge Inspection NBIS ................ National Bridge Inspection Standards NEPA ............... National Environmental Policy Act of 1969 NHS ................. National Highway System NHTSA ............. National Highway Traffic & Safety Administration NOI .................. Notice of Intent NSTI ................. National Summer Transportation Institute NTIS ................. National Tunnel Inspection Standards OHSP ............... Office of Highway Safety Planning OIG USDOT ...... Office of Inspector General OJT .................. On‐the‐Job Training OJT/SS ............. On‐the‐ Job Training/Supportive Services OMB ................ U.S. Office of Management and Budget OPI .................. Organizational Performance Indicators POA ................. Plans of Action PMP ................ Project Management Plans PoDI ................ Projects of Division Interest PS&E ............... Plans, Specifications, and Estimate RAC ................. Research Advisory Committee RASPS ............... Rapid Approval State Payment System RDC ................. Rail Development Commission RFP .................. Request for Proposal RHCP ............... Railroad Highway Crossing Program ROD ................. Record of Decision ROW ................ Right‐Of‐Way RWIS ............... Road Weather Information System S&O ................. Stewardship and Oversight Agreement

102

SAFETEA‐LU ..... Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users SEP .................. Special Experimental Projects SHPO ............... State Historic Preservation Office SHSP ................ Strategic Highway Safety Plan SIP ................... State Implementation Plan SLRTP .............. State Long‐Range Transportation Plan SOP ................. Standard Operating Procedure SOW ................ Statement of Work SPR .................. Statewide Planning and Research SRTS ................ Safe Routes to School STIP ................. Statewide Transportation Improvement Program STRAHNET ....... Strategic Highway Network TIFIA ................ Transportation Infrastructure Finance and Innovation Act TIP ................... Transportation Improvement Plan TEA‐21 ............. Transportation Equity Act for the 21st Century TMA ................ Transportation Management Area TMP ................. Transportation Management Plans TOC .................. Traffic Operations Center TPM ................. Transportation Performance Management TRAC ................ Transportation Review Advisory Council TRCC ................. Traffic Records Coordinating Committee TS&L Type Size and Location TSC ................... Transportation Service Center UPWP ............... Unified Planning Work Program USACE .............. United States Army Corps of Engineer USC .................. United States Code USFWS ............. United States Fish and Wildlife Service VE ..................... Value Engineering