Common use of PROJECT ACTION RESPONSIBILITY MATRIX Clause in Contracts

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1) STATE(1) Obligate funds/approve Federal- aid project agreement modifications and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current bill (Note: this action cannot be assumed byState) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX Review Cost Estimates forFederal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, ▇▇▇/ROD, 4(f),106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2) FHWA (2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)) FHWA (2) FHWA (2) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] FHWA for Interstate State for Non-Interstate STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed byState pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required)[23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance activities outside the scope of the preventive maintenance agreement (Note: this action cannot be assumed by State); FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX Provide approval of preliminary plans for unusual/complex bridges or structures, non-Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) STATE Approve retaining right-of-way encroachments[23 CFR 1.23 (b) & (c)] FHWA STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, processes[23 CFR 635.411] FHWA STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate State for Non-Interstate STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate State for Non-Interstate STATE Ensure compliant ROW certificate is in place [23 CFR 635.309(c)] FHWA for Interstate State for Non-Interstate STATE Approve Hardship and Protective Buying [23 CFR 710.503] (If aFederal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX Interest Use Agreements [23 CFR 710.405] (Note: this action cannotbe assumed by State) Approve non-highway use and occupancy [23 CFR 1.23(c)] FHWA for Interstate State for Non-Interstate STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] FHWA for Interstate State for Non-Interstate STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS)[23 CFR 940.11] FHWA STATE Approve PS&E [23 CFR 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work[23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements[23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurancelimits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids [23 CFR 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Concur in award of contract [23 CFR 635.114] STATE STATE Concur in rejection of all bids [23 CFR 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda [23 CFR 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites[23 CFR 635.407] STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Acceptance of ▇▇▇▇▇▇’s GoodFaith Efforts to Meet Contract Goal [49 CFR 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)](Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]). STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA (1) State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements.

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a programresponsibilities. The matrix specifies which ones are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. The following matrix identifies Federal-wide basisaid highway program (FAHP) project approvals and related responsibilities. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified This matrix applies program wide; any revisions to project approval assumptions by the State, as PoDI projects are not covered by shown in the matrix, as those projects will be governed handled on a project by project basis. When a separate PoDI plan that specifies change in project approval assumptions in determined appropriate for a specific project, the project will be classified as a Project of Division Interest (PoDI) and the project approval assumptions will be documented in a project oversight plan. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA and State responsibilities for because it is outside the projectscope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by law. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1STATE(1) STATE(1) Obligate funds/approve Federal- aid project agreement modifications agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current bill ▇▇▇▇ (Note: this action cannot be assumed byStateby State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX Review Cost Estimates forFederal for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, ▇▇▇/RODEIS/ROD, 4(f),1064(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2FHWA(2) FHWA (2FHWA(2) Categorical Exclusion approval actions (Note this action cannot be assumed by excluded from FHWA- UDOT CE Assignment MOU FHWA(2) FHWA(2) Categorical Exclusion approval actions included in the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)) FHWA (2) FHWA (2) FHWA- UDOT CE Assignment MOU STATE STATE Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] FHWA for Interstate State for Non-Interstate STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed byState by State pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required)[23 required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance activities outside the scope of the preventive maintenance agreement project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State); ) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX Provide approval of preliminary plans for unusual/complex bridges or structures, structures (non-Interstate). [23 USC 109(a) and FHWA Policy] FHWA STATE (4) STATE Approve retaining right-of-way encroachments[23 encroachments [23 CFR 1.23 (b) & (c)] FHWA STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, processes[23 processes [23 CFR 635.411] FHWA STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate State for Non-Interstate STATE STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate State STATE for Non-Interstate STATE Ensure compliant ROW certificate is in place ▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.309(c)] FHWA for Interstate State for Non-Interstate STATE STATE Approve Hardship and Protective Buying ▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 710.503] (If aFederala Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX Interest Use Agreements [23 CFR 710.405] (Note: this action cannotbe cannot be assumed by State) FHWA N/A Approve non-highway use and occupancy ▇▇▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 1.23(c)] FHWA for Interstate State STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate State STATE for Non-Interstate (3) STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS)[23 ITS) [23 CFR 940.11] FHWA STATE Approve PS&E STATE ▇▇▇▇▇▇▇ ▇▇&▇ [23 CFR ▇▇ ▇▇▇ 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work[23 work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements[23 agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurancelimits insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids ▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA STATE STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Concur in award of contract ▇▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.114] STATE STATE Concur in rejection of all bids ▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda ▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites[23 sites [23 CFR 635.407] STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23CFR 23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Acceptance of ▇▇▇▇▇▇Bidder’s GoodFaith Good Faith Efforts to Meet Contract Goal ▇▇▇▇ [49 CFR ▇▇ ▇▇▇ 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)](Note26.53(g)] (Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230▇▇▇ ▇▇▇▇ ▇▇▇, Subpart D▇▇▇▇▇▇▇ ▇]). STATE STATE ▇▇▇▇▇ ▇▇▇▇▇ Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA (1) State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements.

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1) STATE(1) Obligate funds/approve Federal- aid project agreement modifications and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current bill (Note: this action thisaction cannot be assumed byStateby State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX Review Cost Estimates forFederal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, ▇▇▇/ROD, 4(f),106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2) FHWA (2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)) FHWA (2) FHWA (2) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection ContractSelection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] FHWA for Interstate State for Non-Interstate STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note111](Note: action may be assumed byState by State pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required)[23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 SEP-15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance activities outside the scope of the preventive maintenance agreement (Note: this action cannot be assumed by State); FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or bridgesor structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX Provide approval of preliminary plans for unusual/complex bridges or bridgesor structures, non-Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) STATE Approve retaining right-of-way encroachments[23 CFR 1.23 (b) & (c)] FHWA STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA STATE Approve use of publicly owned equipment ownedequipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, processes[23 processes [23 CFR 635.411] FHWA STATE Concur in use of publicly furnished publiclyfurnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate State for Non-Interstate STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate State for Non-Interstate STATE Ensure compliant ROW certificate is in place [23 CFR 635.309(c)] FHWA for Interstate State for Non-Interstate STATE Approve Hardship and Protective Buying [23 CFR 710.503] (If aFederal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX Interest Use Agreements [23 CFR 710.405] (Note: this action cannotbe cannot be assumed by State) Approve non-highway use and occupancy [23 CFR 1.23(c)] FHWA for Interstate State for Non-Interstate STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] FHWA for Interstate State for Non-Interstate STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710CFR710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management TransportationManagement Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS)[23 CFR 940.11] FHWA STATE Approve PS&E [23 PS&E[23 CFR 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work[23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements[23 agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad maximumrailroad protective insurancelimits insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids [23 CFR 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve construction engineering by engineeringby local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Concur in award of contract [23 contract[23 CFR 635.114] STATE STATE Concur in rejection of all bids [23 bids[23 CFR 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda [23 CFR 635.112] STATE STATE Approve changes and extra work [23 work[23 CFR 635.120] STATE STATE Approve contract time extensions [23 extensions[23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites[23 sites [23 CFR 635.407] STATE STATE Accept materials certification [23 certification[23 CFR 637.207] STATE STATE Concur in settlement of contract claims contractclaims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23CFR 23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Acceptance of ▇▇▇▇▇▇’s GoodFaith Efforts to Meet Contract Goal [49 CFR 26.53] or of Prime ContractorPrimeContractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)](Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review ComplianceReview [23 CFR Part 230, Subpart D]). STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA (1) State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2FHWA.(2) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements.

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies FHWA and State responsibilities for the project. In the matrix, actions marked with an asterisk (“FHWA*”) are those that FHWA has retained but that could have been assumed by the State through FHWA discretion (on the NHS) or by right (off the NHS). The State DOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed category funding category STATE (1) STATE(1STATE (1) Obligate funds/approve Federal- aid project agreement modifications agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current bill (Note: this action cannot be assumed byStateby State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX Review Cost Estimates forFederal for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, ▇▇▇/ROD, 4(f),1064(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2) FHWA (2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)) FHWA (2) FHWA (2) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on FHWA FHWA Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] FHWA for Interstate State for Non-Interstate * STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed byState by State pursuant to 23 USC 111(e)) FHWA STATE N/A Airport highway clearance coordination and respective public interest finding (if required)[23 required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance activities outside the scope of the preventive maintenance agreement project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State); ) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX Provide approval of preliminary plans for unusual/complex bridges or structures, structures (non-Interstate). STATE (4) STATE [23 USC 109(a) and FHWA Policy] FHWA (4) STATE Approve retaining right-of-way encroachments[23 encroachments [23 CFR 1.23 (b) & (c)] FHWA STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, processes[23 processes [23 CFR 635.411] FHWA STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate State for Non-Interstate STATE STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate State STATE for Non-Interstate STATE Ensure compliant ROW certificate is in place ▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.309(c)] FHWA for Interstate State for Non-Interstate STATE STATE Approve Hardship and Protective Buying ▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 710.503] (If aFederala Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX Interest Use Agreements [23 CFR 710.405] (Note: this action cannotbe cannot be assumed by State) FHWA N/A Approve non-highway use and occupancy ▇▇▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 1.23(c)] FHWA for Interstate State STATE for Non-Interstate (3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate State STATE for Non-Interstate (3) STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Process Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional Concur on functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS)[23 ITS) [23 CFR 940.11] FHWA STATE Approve PS&E ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇&▇ [23 CFR ▇▇ ▇▇▇ 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work[23 work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements[23 agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurancelimits insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids ▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 && .204] FHWA STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 && .204] FHWA STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less STATE STATE than 3 weeks [23 CFR 635.112] FHWA STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Concur in award of contract ▇▇▇▇▇▇▇▇ [23 CFR 635.114▇▇ ▇▇▇ 635.114 (b)] STATE STATE Concur in rejection of ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ [▇▇ ▇▇▇ 635.114 (h)] all bids [23 CFR 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda ▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve major change orders and claims (Over $1 million, 20% of total project costs, work outside project limits, or major changes of scope) [ 23 CFR 635.120(a) & .124] FHWA * STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/disposal sites[23 sites [23 CFR 635.407] STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23CFR 23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) STATE STATE Project Contract Goal set by the State DOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Acceptance of ▇▇▇▇▇▇’s GoodFaith Good Faith Efforts to Meet Contract Goal ▇▇▇▇ [49 CFR ▇▇ ▇▇▇ 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)](Note26.53(g)] (Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230▇▇▇ ▇▇▇▇ ▇▇▇, Subpart D▇▇▇▇▇▇▇ ▇]). STATE STATE ▇▇▇▇▇ ▇▇▇▇▇ Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA (1) State FHWA * FHWA is responsible for ensuring retaining an action that all individual elements of could have been assumed by the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreementsState.

PROJECT ACTION RESPONSIBILITY MATRIX. The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities on a program-program- wide basis. The matrix specifies which actions are assumed by the State under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. Projects classified as PoDI The WVFHWA, in consultation with WVDOH, will determine projects are not covered by the matrix, as those projects will be governed by a separate PoDI plan that specifies for higher level of WVFHWA involvement based on applicable FHWA and State responsibilities for the projectguidance. The State DOT WVDOH is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a State DOT to perform work needed to reach the decision point, or to implement the decision. Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation STIP)/ Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1) STATE(1STATE (1) Obligate funds/approve Federal- aid project agreement modifications agreement, modifications, and project closures (project authorizations) (Note: this action cannot be assumed by State) FHWA FHWA Authorize current bill ▇▇▇▇ (Note: this action cannot be assumed byStateby State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA PROJECT ACTION RESPONSIBILITY MATRIX Review Cost Estimates forFederal for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. [23 U.S.C. 106(i)] STATE STATE All EA/FONSI, ▇▇▇/RODEIS/ROD, 4(f),1064(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2) FHWA (2) Categorical Exclusion approval actions (Note this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g))) FHWA (2) FHWA (2) Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection STATE (3STATE(3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: this action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] FHWA for Interstate State for Non-Interstate STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed byState by State pursuant to 23 USC 111(e)) FHWA FHWA* N/A Airport highway clearance coordination and respective public interest finding (if required)[23 required) [23 CFR 620.104] STATE STATE Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-approval for preventive maintenance activities outside the scope of the preventive maintenance agreement project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State); ) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A PROJECT ACTION RESPONSIBILITY MATRIX Provide approval of preliminary plans for unusual/complex bridges or structures, structures (non-Interstate). [23 USC 109(a) and FHWA Policy] FHWA STATE (4) STATE Approve retaining right-of-way encroachments[23 encroachments [23 CFR 1.23 (b) & (c)] FHWA STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] FHWA STATE STATE Approve use of publicly owned equipment [23 CFR 635.106] STATE STATE Approve the use of proprietary products, processes[23 processes [23 CFR 635.411] FHWA STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate State for Non-Interstate STATE STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate State Interstate; STATE for Non-Interstate STATE Ensure compliant ROW certificate is in place ▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.309(c)] FHWA for Interstate State for Non-Interstate STATE STATE Approve Hardship and Protective Buying ▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 710.503] (If aFederala Federal-aid project) (Note: this action cannot be assumed by State) FHWA FHWA Approve Interstate Real Property FHWA N/A PROJECT ACTION RESPONSIBILITY MATRIX Interest Use Agreements [23 CFR 710.405] (Note: this action cannotbe cannot be assumed by State) FHWA N/A Approve non-highway use and occupancy ▇▇▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 1.23(c)] FHWA for Interstate State Interstate; STATE for Non-Interstate Non- Interstate(3) STATE (3) Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-right- of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate State Interstate; STATE for Non-Interstate Non- Interstate(3) STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS)[23 ITS) [23 CFR 940.11] FHWA STATE Approve PS&E ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇&▇ [23 CFR ▇▇ ▇▇▇ 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work[23 work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements[23 agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurancelimits insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids ▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] FHWA STATE STATE Approve addenda during advertising period [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Concur in award of contract ▇▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.114] STATE STATE Concur in rejection of all bids ▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.114] STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda ▇▇▇▇▇▇▇ [23 CFR ▇▇ ▇▇▇ 635.112] STATE STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time extensions [23 CFR 635.120] STATE STATE Concur in use of mandatory borrow/borrow/ disposal sites[23 sites [23 CFR 635.407] STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23CFR 23 CFR 635.125] STATE STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the State DOT WVDOH under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX Acceptance of ▇▇▇▇▇▇Bidder’s GoodFaith Good Faith Efforts to Meet Contract Goal ▇▇▇▇ [49 CFR ▇▇ ▇▇▇ 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)](Note26.53(g)] (Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230▇▇▇ ▇▇▇▇ ▇▇▇, Subpart D▇▇▇▇▇▇▇ ▇]). STATE STATE ▇▇▇▇▇ ▇▇▇▇▇ Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA (1) State is responsible for ensuring that all individual elements of the project are eligible. FHWA will check that the scope of the project as described in submitted project agreement is eligible for the category of funding sought. All final eligibility and participation determinations are retained by FHWA. (2) If there is a 23 U.S.C. 326 or 325 assignment or PCE agreement, decisions are handled in accordance with those assignments or agreements.