Federal Requirements
Phil Pratt, PE
Highway Engineer
FHWA, Wyoming Division
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Federal Regulations
Federal aid projects are
subject to the provisions
of Federal Regulation:
• 23 CFR Highways
• 49 CFR Transportation
http://www.gpo.gov/fdsys/search/home.action
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Project Eligibility
Project applications are
reviewed against Program
Requirements –
• Type of Work and
• Highway System (if applicable)
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Transportation Alternatives (TAP)
Purpose
• Enhance transportation
environment
• Provide for multimodal
transportation
• Must be related to surface
transportation
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Transportation Alternatives (TAP)
Eligible Activities
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Provision of pedestrian and bicycle facilities
Provision of safe routes for non-drivers
Conversion railroad corridors to trails
Turnouts, overlooks and viewing areas
Control or removal of outdoor advertising
Roadside vegetation management
Rehabilitation of historic transportation facilities
Archaeological activities relating to transportation impacts
Stormwater management
Reduce vehicle-caused wildlife mortality
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Safe Routes to School (SRTS)
Program Purpose
• Enable and encourage children, including those with
disabilities, to walk and bicycle to school;
• Make bicycling and walking to school a safer and more
appealing, thereby encouraging a healthy and active
lifestyle from an early age; and
• Improve safety and reduce traffic, fuel consumption, and
air pollution in the vicinity of schools.
Subset of Transportation Alternatives program.
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Safe Routes to School (SRTS)
Eligible Activities
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Planning
Education and Encouragement
Sidewalk Improvements
Pedestrian Crossing Improvements
On-Street Bicycle Facilities
Traffic Diversion Improvements
Off-Street Bicycle or Pedestrian Facilities
Traffic Calming and Speed Reduction
Traffic Education and Enforcement
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Congestion Mitigation/Air Quality
(CMAQ)
Program Purpose
• Improve air quality by addressing
Transportation-induced regulated pollutants
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Congestion Mitigation/Air Quality
(CMAQ)
Eligible Activities
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Roadway dust suppression
Gravel roadway paving
Congestion reduction & traffic flow improvements
Street sweeping equipment
Diesel retrofit or idle reduction program
Other programs to reduce VMT and transportation
emissions
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Bridge Off System (BROS)
Program Purpose
• Replace structurally deficient bridges
• Public roadways
 Local roads
 Rural minor collectors
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Bridge Off System (BROS)
Eligible Activities
• Replacement or rehabilitation of a deficient
bridge
• Preliminary Engineering
• Right of Way
• Construction
• Construction Engineering
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Cooperative Agreement
Project requirements are
detailed in the agreement–
including applicable design
standards and oversight
requirements
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Project Responsibility
Supervising Agency
• WYDOT retains overall project
responsibility
• Local Agency to provide a fulltime employee to be in
responsible charge
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Project Authorization
Project authorization by FHWA
is required before expenses can
be incurred and reimbursed
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Preliminary Engineering
Includes:
• Consultant Selection
• Contract Documents
• Environmental document
• ROW and Utility Certification
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Contract Documents
• Describes location and
design features
• Indentifies construction
requirements
• Includes an estimate
of costs
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
Contract Provisions
• Competitive bidding
requirements
• Prevailing wages
• DBE requirements
• Contractor Compliance with EEO
• Local Hiring Preference (not allowed)
• FHWA 1273 (physically incorporated in contracts
and subcontracts)
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
FHWA 1273
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Nondiscrimination
Non-segregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act Provisions
Subletting or Assigning the Contract
Safety: Accident Prevention
False Statements Concerning Highway Projects
Clean Air Act and Federal Water Pollution Control Act
Government-wide Suspension and Debarment Requirements
Certification Regarding Use of Contract Funds for Lobbying
Physically incorporated in contracts and subcontracts
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
Material requirements
• Buy America (Steel and Iron)
• Patented/Proprietary Products
 Not allowed except where certified as:
• Obtained through competitive bidding
with equally suitable unpatented items
• Essential for synchronization with
existing facilities
• Item used for research
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
• Contract Time
 Insufficient time may result in higher bid prices and
time overruns.
 Excessive time may result in cost inefficiencies, public
inconvenience and extend safety concerns.
• Standard Changed Condition Clauses
 Incorporated from 23 CFR 635.109:
• Differing site conditions
• Suspensions of work ordered by the engineer
• Significant changes in the character of work
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
Other Contract Provisions
• Non-Collusion Statement
• Lobbying Certification
• Suspension and Debarment
Certification
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Documents
• Approved by WYDOT (Construction
Authorization)
• Project advertisement by local agency
 Minimum 3 weeks
 WYDOT requirements
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Contract Advertisement, Bid
Opening, and Award
• Local Bid Opening
 Public Opening and Announcement
• Award to Lowest Responsive &
Responsible Bidder
 Responsive bid: meets all the requirements of the
advertisement and proposal
 Responsible bidder: physically organized and equipped
with financial wherewithal to complete contract
• WYDOT Concurrence
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Construction
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Subcontracts-require formal approval
Submission of Payrolls
Contract Changes and Extra Work
Method of Measurement/
Basis of Payment
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
ADA Requirements
• Min. 5 ft. wide sidewalks
 4 ft. w/ 5 ft. passing zones
• 6 ft. 8 in. min, vertical clearance
• WYDOT Standard Plans
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
ADA Requirements
• Min. 4 ft. wide ramps
• Max. 8.3% slope (1/12)
• 4 ft. level landing at top
of ramp
• Max. 10% flared sides
when in path on sidewalk
• Detectable warning
device
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
ADA Requirements
• Max. 2% cross-slope (1/48)
• Driveway approaches
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
ADA Transition Plan
• Identification of physical obstacles and their
location
• Method used to make facility accessible
• Schedule for making the respective modifications
• Official responsible for implementing this item of
the plan
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
LPA Project Timeline
Project
Application
Cooperative
Agreement
Preliminary
Engineering
Federal Highway Administration
Wyoming Division
Contract
Documents
Construction
Project
Acceptance
Wyoming Department
of Transportation
Project Acceptance
• Local agency accepts the contract
work and certifies materials
incorporated into the project
• Formal project acceptance by WYDOT
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
WYDOT Approvals
• Project Application
 Cooperative Agreement Developed
• Contract Documents
 Concurrence-In-Award
• Project Acceptance
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation
Federal-aid Essentials Videos
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Federal-aid program
Finance
Right-of-way
Environment
Civil rights
Project development
Project construction &
contract administration
http://www.fhwa.dot.gov/federal-aidessentials/index.cfm
Federal Highway Administration
Wyoming Division
Wyoming Department
of Transportation