The purpose of this memorandum is to clarify Federal-aid procedures for procurement of operational improvements using Federal-aid Highway funds. This memorandum expands upon the reference to procurement of operational improvements included in the general memorandum on Procurement of Federal-aid Construction Projects, provided at: This memorandum does not represent a change in policy. Based on recent questions from some Division Offices and State Departments of Transportation we felt the need to restate and highlight that many Intelligent Transportation Systems (ITS) and operations projects are not considered construction under 23 U.S.C. 112.1
Federal-aid statutes, regulations, and policies generally address traditional highway construction projects. The procurement of Federal-aid construction projects is outlined in 23 U.S.C. 112 and construction contracts must follow the regulatory requirements of 23 CFR part 635 (or in the case of design-build, 23 CFR part 636). Procurement of non-construction operational improvements follow State-approved procedures under the Uniform Requirements for Federal Awards. If an eligible ITS project activity is determined to be non-construction, then pursuant to 2 CFR 200.317, and 2 CFR 1201.317 for subrecipients, State procurement procedures are followed in procuring eligible ITS and operational activities. Some ITS and operations projects may be determined to be construction. If this is the case, those projects must be procured pursuant to the requirements in 23 U.S.C. 112 and 23 CFR parts 635 or 636.
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As seen above, some examples appear in both construction and operational improvement categories representing discretionary judgment in ITS procurements to ensure system synchronization and reduce overall deployment risks. Some projects may be scoped as "systems deployments" that involve a combination of field (civil)infrastructure and ITS technology, communications, and systems integration work. Road weather information systems, tolling systems, and connected vehicle field infrastructure (e.g. roadside equipment) may be examples of these types of hybrid deployments. In these cases, the Division Office may take into consideration the relative proportion of the field vs. non-field costs (including project scope and level of effort) to determine the overall classification. Alternatively, the State DOT may consider breaking the project into distinct procurements with the construction elements procured via traditional competitively bid contracts, design-build or other approved contracting methods, and the non-construction elements procured per 2 CFR parts 200 and 1201.
2 The definition of "construction" also includes the phrase "any project eligible for assistance under [title 23, United States Code]." However, in light of the context in which this phrase is used, as well as the separate definition of "operational improvement", we interpret the phrase to exclude those activities specified as "operational improvements" in the definition and in this memorandum. "Construction" includes those activities that involve the alteration of the ROW that are in the nature of the activities that are specifically excluded under 23 U.S.C. 101(a)(18). Note that some minor and incidental physical alterations may be involved with the operational improvement. Such alternations do not necessarily convert the operational improvement project into a construction project. Rather, the nature of the activity being undertaken must be of the type of activities that are excluded from the definition of operational improvement. [ Return to Note 2 ]
If your project may result in a discharge of dredged or fill material (as defined in the Procedures section V) to waters of the state, then you need to submit an application with the State or Regional Water Board. Discharges of dredged or fill material often occur when work is conducted in waters. Examples include, but are not limited to, development projects that fill in a water, dredging to maintain channel capacity, and activities that change the volume, grade, or capacity of an aquatic resource.
If your project qualifies under the terms and conditions of a general order, follow the application instructions in the applicable general order. An application to enroll under a general order is called a notice of intent.
If your project does not qualify under the terms and condition of a general order, then you must apply for an individual water quality certification or waste discharge requirements (also called an individual order).
For individual permits, Water Board staff will review applications within 30 days of receipt and notify you if your application is complete, or incomplete and if additional information is needed. Once all information has been received, the Water Boards will determine whether your proposed project will be authorized and will issue a permit (401 water quality certification or waste discharge requirements), or notify you that your application has been denied.
Once the Water Board has determined your application complete, the time it takes to process your permit will vary based on the type of permit and scale and scope of the project. Permits for small projects with minimal impacts may be processed within 60 days, and permits for larger projects may take up to a full year to process. For information on typical process times, refer to our program's Annual Performance Report or the Memorandum of Understanding between the California Water Boards and the Army Corps of Engineers (California Districts) for reasonable period of times to act on certification requests.
For this activity, you will return to your role as the project manager for siting the Nebo-Baskins Road Interconnect transmission line and complete Phase 2 of your term project, "Addressing Negative Public Comments". You have just received a memo from the Vice President of Transmission and Distribution (T&D) for your company that describes some negative public comments he has received. He wants your help in addressing these. As you complete this activity, be sure to consider the principles of public participation that you learned in Lesson 4.
As you prepare the public participation plan for your term project, take a look at this 3:13-minute video of how a utility provider addressed the public participation aspect of the siting project. You can read more about it on USA Today's Public Opinion Website.
Rail-only projects: Construction projects that provide for the construction, relocation, adjustment or alteration of rail facilities that are not associated with a highway construction project may be procured using State-approved procedures in accordance with 49 CFR Part 18. Minor construction activities (such as grade transition, advance construction warning signs, drainage connections, etc.) that are necessary to provide a connection to a Federal-aid highway would not result in a requirement to use highway procurement procedures.
The focus of this Design Information Bulletin (DIB) is to provide guidance on design procedures and standards for roadway rehabilitation pavement anchor projects, both 2R and 3R, and to provide guidance on how to include safety enhancements and other upgrades in these projects. This DIB is also applicable for 2R or 3R level pavement work as a satellite asset when part of another major asset anchor project. This DIB supplements the highway design guidance and standards provided in the California Department of Transportation Highway Design Manual (HDM). The standards established herein are communicated in the same manner as defined in Chapter 80 of the HDM. When this DIB is silent on a subject covered in the HDM, the design guidance in the HDMapplies.
A performance-based approach for identifying pavement projects was implemented beginning with the 2018 SHOPP that utilizes an asset management process required by state and federal regulation. This strategic and systematic process of operating, maintaining, and upgrading physical assetse.g. pavementeffectively through their lifecycle focuses on business and engineering practices. Additionally, this process includes resource allocation and utilization developed as part of the Transportation Asset Management Plan (TAMP) adopted by the California Transportation Commission. The TAMP is operationalized through the State Highway System Management Plan (SHSMP) using California Transportation Commission adopted asset classes, performance measures and targets. The SHSMP guides the selection of projects for the SHOPP and sets performance targets for each roadway classification on the State Highway System (SHS). For purposes of this design bulletin, a performance driven process for identifying pavement projects is required. This process strives to effectively manage pavement with the most cost-effective strategies over the long term. In developing projects to improve pavement performance, other asset needs may also be combined into one project scope. These projects are defined as multi-objective projects.
A life cycle planning (LCP) approach is used to determine the optimum time to rehabilitate or replace an asset, or a combination of assets. LCP uses many of the same economic analysis principles as Life-Cycle Cost Analysis (LCCA) methods; however, LCP applies these at a network-level. For preservation, rehabilitation or reconstructive pavement projects, other performance objectives and assets should be considered within the project scope when similar asset life expectancies or safety benefits can be realized. These performance objectives and assets should be consistent with performance targets and Departmental goals if feasible, practical, and cost-effective. Key benefits of a multi-objective project scope are as follows:
The purpose and need for 2R and 3R projects is to restore the facility to a state of good repair. See HDM Topic 612 for further guidance on Department standards related to pavement design life. 2R Projects are to be programmed such that their primary goal is to extend the design life of the identified pavement structure; while 3R Projects, in addition to extending the design life of the pavement structure, also replace and upgrade other highway appurtenances and facilities within the project limits that are failing, worn out or functionally obsolete and beyond their service life. The 2R and 3R objective is combined with the Departments asset management goals to formulate multi-objective projects. ff782bc1db