local public agency (lpa) administered federal-aid projects · 2018. 4. 2. · congestion...

LOCAL PUBLIC AGENCY (LPA)

ADMINISTERED FEDERAL-AID

PROJECTS

2012 NACE/AACE Western Region Conference Laughlin, NV

November 1-2, 2012

1

Background

Next Steps

Moving Forward

MAP-21

EDC Initiative

Federal Aid Essentials

Introduction

2

Federal Highway Administration

2005 National Risk

October 25, 2007 Memorandum Internal Control-Material Weakness

Established Local Government Coordinators in each FHWA Division Office.

LPA Program $6 to $8 Billion

Represents 20% of the Federal-aid Highway Program

LPA Coordinator in every state

In Arizona – Sharon Gordon

Background – Local Public

Agency (LPA) Program

3

Increase Agency Communication

Improve Quality

Promote Consistency

Reinforce Regulatory Requirements

Moving Forward

4

MAP-21 – new legislation extending the Federal-aid Highway Program

EDC initiative for locals

Certification Acceptance

Consultant Service

Partnering

FHWA outreach on Federal Aid Essentials videos

Moving Forward

5

October 2012

6

After 10 extensions, a 27-month bill

SAFETEA-LU expired on September 30, 2009

10 extensions (final one from July 1 to July 6, 2012)

Strong bipartisan vote for 27-month transportation bill

Passed 373-52 in the House

Passed 74-19 in the Senate

Also includes major non-transportation provisions, e.g.,

Extension of 3.4% interest rates for student loans

Reauthorization of flood insurance program

7

MAP-21 Themes/Highlights

8

Reauthorizes the Federal-aid Highway Program

Strengthens America’s highway and public transportation systems

Creates jobs and supports economic growth

Supports the Department’s aggressive safety agenda

Simplifies and focuses the Federal program

Accelerates project delivery and promotes innovation

Establishes a performance-based Federal program

MAP-21 Major Features

Stable Funding

Program authorized through FY 2014

Current law extended through end of FY 2012

Most new provisions went into effect on October 1,, 2012

Average annual funding at FY 2012 levels (plus

minor inflation increase)

Extends Highway Trust Fund taxes and ensures 2

years of solvency for Highway Trust Fund (HTF)

9

MAP-21 – Major Features

10

Substantial Program Consolidation

Reduces many subprograms to 7 basic programs 1. NHPP

2. STP

3. CMAQ

4. HSIP

5. Railway-Highway Grade Crossings

6. Metropolitan Planning

7. Transportation Alternatives

No earmarks

Eliminates most discretionary programs

Program Structure Comparisons

MAP-21 SAFETEA-LU Law

National Highway Performance Program (NHPP) NHS, IM, & Bridge (portion)

Surface Transportation Program (STP) STP & Bridge (portion)

Congestion Mitigation & Air Quality Improvement

Program (CMAQ)

CMAQ

Highway Safety Improvement Program (HSIP) HSIP (incl. High Risk Rural

Roads)

Railway-Highway Grade Crossing

(takedown from HSIP)

Railway Highway Grade

Crossing

Metropolitan Planning Metropolitan Planning

Transportation Alternatives (setaside from

NHPP, STP, HSIP, CMAQ, and Metro Planning)

TE, Recreational Trails, and

Safe Routes to School

11

$37.7 billion/year in formula funding

12

National Highway

Performance

Program ($21.8)

Surface

Transportation

Program

($10.0)

HSIP ($2.2)

CMAQ ($2.2)

Transportation Alternatives ($0.8)

Metro Planning ($0.3)

Note: Amounts in $ billions; individual program amounts do not add

exactly to total due to rounding

Railway-Highway Crossing ($0.2)

National Highway Performance Program

(NHPP) $21.8 billion/year

13

Funds an enhanced National Highway System, combining

functions of the existing NHS, IM and Bridge Programs

Enhanced NHS includes existing NHS, all principal

arterials, STRAHNET, and intermodal connectors

Requires an asset management plan

States set targets for conditions and performance

Min. standards for Interstate & bridge conditions in a State

DOT to set minimum standard for Interstate pavement condition

Law sets standard for NHS bridges -- no more than 10% of deck

area may be structurally deficient

Surface Transportation Program (STP)

$10.0 billion/year

14

Continued flexible funding for Federal-aid highways,

plus safety and bridges on any public road

Eligibility for transportation enhancements, rec trails, ferry

boats, consolidated border infrastructure program, truck

parking facilities, and safe routes to schools (no set-aside)

50% of funds subject to suballocation based on population

Rural provisions enhanced

Rural planning organizations, if any, must be consulted

Up to 15% of rural suballocation may be spent on minor collectors

Highway Safety Improvement Program

(HSIP) $2.4 billion/year

Dramatically increases size of existing program

Maintains current structure; adds requirement for regular update

of the strategic highway safety plan

Keeps setaside ($220M/year) for rail-highway grade crossings

No high risk rural roads setaside unless safety statistics worsen

Secretary to establish measures and States to set targets for

number of injuries and fatalities (and number per VMT)

Strengthens link between HSIP and NHTSA programs 15

Congestion Mitigation & Air Quality

Improvement (CMAQ) $2.2 billion/year

Continues the current program with changes

Performance plans for large TMAs (to include air quality and

congestion measures)

States with PM 2.5 areas must use a portion of their funds to

reduce PM 2.5

Some expanded authority to use funds for transit operations

Explicit support for installation of facilities serving electric or

natural gas-fueled vehicles

CMAQ outcomes assessment study required 16

Transportation Alternatives (TA)

$814 million/year

17

Incorporates eligibilities from many current programs

Most (but not all) formerly Transportation Enhancement activities still

eligible

Recreational Trails program

Safe Routes to Schools program

Planning, designing, or constructing roadways within the ROW of

former Interstate or other divided highways

Similar funding level to TEs under SAFETEA-LU

Total TA $ equal to 2% of MAP-21 highway funding

Funded via takedown from each State’s formula funds

50% sub-allocated to LPAs for more local control

50% State allocation can be transferred to other formula programs

Under SAFETEA-LU

18

Prior to MAP-21, most Federal-aid funds used on LPA

projects came from the:

Surface Transportation Program (STP),

Highway Bridge Program (HBP),

STP set aside for Transportation Enhancements (TEA),

STP set aside for Recreational Trails Program (RTP).

Congestion Mitigation & Air Quality Improvement Program

(CMAQ)

Federal Lands & Tribal Transportation

Generally followed Administration’s proposed structure:

Annual $

Federal Lands Transportation Program

(with new partners)

$300 million

Federal Lands Access Program $250 million

Tribal Transportation Program

(new formula for distribution among

tribes)

$450 million

19

Federal Lands Transportation Program

(FLTP) – $300 million/year

20

For projects that improve access within the Federal estate

(e.g., national forests, national recreation areas) on

infrastructure owned by the Federal government

Combines Park Roads & Refuge Roads programs; adds

new partners—Forest Service, BLM & Corps of Engineers

Some funds reserved for National Park Service & Fish and

Wildlife Service roads; remainder awarded competitively

Federal Lands Access Program (FLAP)

$250 million/year

21

For projects that improve access to the Federal estate on

infrastructure owned by States and local governments

Distributed by formula based on

Recreational visitation

Federal land area

Federal public road mileage

Federal public bridges

80% of funds go to States with ≥1.5% of total public land

Each State’s programming decisions made by committee

(State DOT, FHWA and Local Agency Representative)

Requirement for local match

Tribal Transportation Program (TTP)

$450 million/year

22

For projects improving access to and within Tribal lands

New statutory formula for distribution among tribes

(to be phased in)

Various set-asides

Up to 6% for BIA and FHWA project management & oversight expenses

Up to 2% for transportation planning

Up to 2% for priority program for improving deficient Tribal program-

eligible bridges

Up to 2% for safety projects on Tribal lands

Tribal supplemental funding

Emergency Relief (ER) Program

Authorized at $100 million per year

State must apply and provide a complete list of project sites

and costs within 2 years of event

May not exceed cost to repair/reconstruct comparable facility

Emergency repairs—

Option for Secretary to extend the 180-day limit on emergency repairs at 100%

when access to damaged areas is limited

For permanent repairs, up to 90% share if cost ≥ State’s annual apportionments

Debris removal from Stafford Act disasters funded by FEMA

Maintenance/operation of additional ferryboats or transit

eligible as substitute service 23

Accelerating Project Delivery

24

Any State can choose to assume specific CE

designations in FHWA NEPA regulations

Construction Manager at Risk (CMAR) and/or

Construction Manager/General Contractor (CMGC)

contract delivery methods now available for use

Accelerated completion of complex projects (4 yr) when

State requests technical assistance

Increased Federal share for some innovative techniques

Accelerating the environmental process

25

Environmental review process streamlining

FEIS and ROD combined in certain conditions

Allows for the use of planning products in the NEPA process (PEL)

Deadlines for issue resolution, with penalties for agencies

Programmatic mitigation plans

Reduced statute of limitations on claims (150 days, not 180)

Expanded authority for categorical exclusions

Multi-modal projects

Projects to repair roads damaged in declared emergency

Projects within existing operational right-of-way

Projects receiving limited Federal assistance

Freight provisions

26

National Freight Policy

Establishment of National Freight Network, incl. Primary Freight Network,

remainder of Interstate System, and critical rural freight corridors

National freight strategic plan

Freight transportation conditions and performance reports

Development of transportation investment data and planning tools

Prioritization of projects to improve freight movement

For these projects, increases Federal share payable to 95% on the

Interstate System and 90% elsewhere

USDOT must certify project improves efficiency of freight movement

Project must be identified in a State freight plan

State freight advisory committees & freight plans encouraged;

plan required to qualify for increased Federal share

Other Notable Provisions

27

Bridge and Tunnel Inspection

States may approve overweight permits for divisible

loads during major Stafford Act disasters

Truck size and weight—no changes, but requires a new

study and inventory of current state laws

Electric vehicle charging infrastructure in new or

previously funded fringe and corridor parking facilities

may be funded on otherwise eligible facilities

Other Notable Provisions Continued

28

Rest areas—State may allow limited commercial activity

in Interstate rest areas; commercial activities may be

privately operated

Changes to Buy America requirements

• Administered on project level rather than contract level

• Any federal funds on contract cause application to

entire project

Changes to value engineering requirements

• $50M for NHS highway projects; $40M for NHS bridge

projects

• Not required off NHS, or for design-build projects

Performance Management

MAP-21 identifies national goal areas

USDOT establishes measures, with input

States set targets

State & metro plans describe how the organization will use program and

project selection to help achieve targets

States report to USDOT on progress toward targets

(within 4 yr. of enactment; biennially thereafter)

Reports typically lead to corrective actions (not sanctions)

Consequences if condition of NHS falls below thresholds

29

Special provision for Arizona & Nevada

30

MAP-21 (Section 1104)

designated US-93* between

Phoenix, AZ and Las Vegas,

NV as Interstate 11

* Technically, US-93 now ends at Wickenburg, AZ. A new alignment

for future I-11 will need to be established between Wickenburg and

Phoenix


November 1-2, 2012

31

Why an LPA Initiative?

32 32


• LPA Administered Processes:

– Environmental determination and mitigation

– Right-of-way Procurement

– Utility Relocation

– Design Standards

– Project Management

– Contract Compliance

– Quality Assurance

33 33


• LPA Concerns:

– Time and Cost of Project Delivery

– Communication, Coordination and Cooperation

34 34

Three Identified LPA Initiatives

• Certification/Qualification-type Programs

• Consultant Services Flexibilities

• Stakeholder Partnering

35 35





36 36

Certification Program Initiatives

Adoption of a Certification Program : • Expand FHWA’s efforts to help State Transportation Agency

(STA) and Local Public Agency (LPA)s

• Opportunity to promote interagency partnerships

• Provide outreach and education

• Improve consistency across jurisdiction

• Assist STAs in management and administration of local programs and projects.

37

Certification Program

• State formalized program, certifies the LPA ability to: – Administer/manage a phase(s)or project

development and implementation process

38

Certification Program

The Certification Program is:

Option of the STA

Conducted through a signed agreement between STA and LPA(i.e. Identifying roles and responsibilities, approval authorities, etc.)

Multiple Projects

Project by Projects

Phased/ Tiered certification Approval

STA is responsible for LPA’s compliance with all applicable Federal requirements.

39





40 40

Consultant Services Initiative:

Highlight existing flexibilities for contracting and using consultants to:

• Assist STAs & LPAs in development & delivery of local projects

• Assist STAs in management & administration of local programs

41

Why Use Consultants?

• Supplement agency staff

• Balance workload fluctuations

• Provide independent or specialized expertise

• Perform all aspects of project development & delivery

• Provide management & oversight services

42

Benefits of Implementing Consultant Flexibilities:

• Shortened time & reduced cost to:

– Procure consultants

– Develop & deliver projects

• Improved quality & performance of services

• Enhanced oversight of local programs & projects

• Compliance with Federal & State requirements

43





44 44

Stakeholder Partnering Initiative

• Partnering

• General definition:

– A relationship created through an implied or expressed commitment between two or more parties who agree to share responsibility for the achievement of a specified goal.

45


Partnering

There are two forms of partnering :

– Formal e.g. agreement

– Informal e.g. no agreement

46


• Stakeholder Partnering:

– Collaborative teamwork that allows a team of stakeholder members facilitate strategies to achieve measurable results through agreements and productive working relationships that will resolve issues by maintaining relationships, educating, and communicating processes to deliver the locally administered Federal-aid program and projects.

47

Goal to Mainstream LPA Initiatives

• Implementation plan will establish goals for a specified number of STAs to adopt a process under each of the indentified initiatives:



• Stakeholder Committee

• New practices are to be adopted by XX number of

STAs by 12/31/2014

48 48

Arizona Successful Practices

• ADOT Local Public Agency Project Manual

– ADOT Administration

– Self Administration

– Certification Acceptance Program

• ADOT On-Call Consultant Program

• Certification Acceptance Program

– Eight (Phoenix, Tucson, Scottsdale, Mesa, Tempe, Chandler, Pima County and Maricopa County)

49 49

EDCII Initiative - Goal:

Fostering Interagency partnership

Creating evaluation and streamlining processes

Monitoring and oversight

Providing outreach and education

Identifying performance measures

Expand FHWA’s efforts to help DOTs and LPAs

50

Federal-aid Essentials for Local Public Agencies


November 1-2, 2012

51


What we’ll be talking about today…

What is Federal-aid Essentials?

Why did FHWA create Federal-aid Essentials?

Our guiding philosophy

Web site

Library of video modules

Companion resources

State and local resources

Take a tour

Web site

Video library

52

What is Federal-aid Essentials for Local Public Agencies?

• A new Web site, and more!

• An online hub of information LPAs can use to understand the Federal-aid Highway Program requirements

Dynamic videos

Illustrated examples

Printable takeaways

Expansive resources

• Federal-aid Simplified!

53

Why create Federal-aid Essentials?

Complex system

Diverse users

Funding responsibilities

Regulations

54


Complex system

• Local governments – primarily counties, cities & towns, or LPAs–own and operate about 75 percent, or roughly 2.9 million miles, of the Nation’s highway network

Diverse users


Regulations

55


Complex system

Diverse users

• There are more than 28,000 cities, towns & counties: some with extensive Federal-aid experience and others with none


Regulations

56


Complex system

Diverse users


• Of the nearly 28,000 LPAs in the U.S., each year an estimated 7,000 of them are actively managing about $7 billion in Federal-aid projects

• 15% of our Federal-aid program

Regulations

57


Complex system

Diverse users


Regulations

• Federal requirements scattered among various Web sites and manuals

• Sometimes difficult to decipher

58

Our Guiding Philosophy

Easily accessible

Easy to understand

Self paced Available anytime

59


Easily accessible

• Available anywhere with internet access: desktop, laptop, tablet or smart phone

• Web site links to FHWA YouTube channel – no firewalls or passwords

• Free

Easy to understand


60


Easily accessible

Easy to understand

• One topic per module

• Concise, quick videos – 4 to 7 minutes

• Helpful graphics and examples

• Plain language takes the guesswork out of understanding


61


Easily accessible

Easy to understand

Self paced

• Watch what you want when you want as many times as you want

• In order or in YOUR order

Available anytime

62


Easily accessible

Easy to understand

Self paced

Available anytime

• Virtual

• On demand

• 24/7

63

The Web site: Federal-aid Essentials

• Three main components of the Web site:

Vast library of videos

Printable takeaways

Additional resources/contacts

• Other features

Feedback mechanism

64

Library of Video Modules

• Modules cover 7 main categories

• Categories reflect key activities of the Federal-aid Highway Program

• Videos are about 4 – 7 minutes long

• Concise content provided in plain language

65

Companion Resources

• Takeaways – printable resources and extra information, includes text of video content

• Additional web links are posted for other resources, such as: The main FHWA program page

The applicable CFR section

Existing FAQs and more

66

• State coordinator

• State manual

• State Web page

• FHWA Division Office LPA coordinator

• Local Transportation Assistance Program (LTAP) Center

Directory of State and Local Resources

67

Feedback

• Comments are welcomed, and easily provided on the Feedback page, regarding:

A specific video

The videos in general

The site in general

• Or by email to [email protected]

68

mailto:[email protected]



Let’s take a look at the Web site!

www.fhwa.dot.gov/federal-aidessentials

69

http://www.fhwa.dot.gov/federal-aidessentials



A Peek Inside the Library

70

Sample Topics in Library of Video Modules

Main Categories

Federal-aid Program Overview

Civil Rights

Environment

Finance

Right-of-Way

Project Development

Project Construction and Contract Administration

71



• Stewardship and Oversight

• A Process from “Cradle to Grave”

• Funding Basics and Eligibility

• Project Requirements

• National Bridge Inspection Standards

• Procuring Consultant Services

Civil Rights

Environment

Finance

Right-of-Way

Project Development


72



Civil Rights

• Nondiscrimination Requirements on Construction Contracts

• Foundations of the ADA/Section 504

• Disability Protections

• Disadvantaged Business Enterprise Program Overview

Environment

Finance

Right-of-Way

Project Development


73



Civil Rights

Environment

• Overview of NEPA as Applied to Transportation Projects

• Environmental Impact Statement

• Purpose & Need, and Alternatives

• Public Involvement

• Agency Coordination

Finance

Right-of-Way

Project Development


74



Civil Rights

Environment

Finance

• Introduction to Cost Principles

• Internal Control Regulations and Requirements

• Developing an Indirect Cost Allocation Plan

• Matching or Cost Sharing Requirements

Right-of-Way

Project Development


75



Civil Rights

Environment

Finance

Right-of-Way

• Introduction to Right-of-Way

• Requirements and the Uniform Act

• Property Management

• Acquisition and Negotiation

• Relocation Assistance

Project Development


76



Civil Rights

Environment

Finance

Right-of-Way

Project Development

• Projects and Statewide Planning Requirements

• Selecting the Method of Construction: Contract or Force Account

• Project Advertisement, Bid Review, and Request for Concurrence in Award

• Project Geometric Design Requirements

• Bike and Pedestrian Accommodation


77



Civil Rights

Environment

Finance

Right-of-Way

Project Development


• Introduction to Project Construction and Contract Administration

• Construction Quality Assurance

• Project Closeout

• Contract Time and Schedule Management

78

What’s Next

• Continued outreach

• Review of feedback and comments

79


www.fhwa.dot.gov/federal-aidessentials

or [email protected]

80

• http://www.fhwa.dot.gov/map21/Next Steps

• http://www.fhwa.dot.gov/everydaycounts/

• http://www.fhwa.dot.gov/federal-aidessentials/

References

81

http://www.fhwa.dot.gov/map21/Next Steps

http://www.fhwa.dot.gov/map21/Next Steps

http://www.fhwa.dot.gov/everydaycounts/

http://www.fhwa.dot.gov/everydaycounts/

http://www.fhwa.dot.gov/federal-aidessentials/




Ken Davis, Senior Engineering Manager – Operations

Federal Highway Administration -Arizona Division

[email protected]

Sharon Gordon, Local Programs Engineer

Federal Highway Administration-Arizona Division

[email protected]

Working Together To Achieve Success

82

local public agency (lpa) administered federal-aid projects · 2018. 4. 2. · congestion...

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