Session 3- "Compliance with Title 23, United States Code" by Craig Tackaberry
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Transcript of Session 3- "Compliance with Title 23, United States Code" by Craig Tackaberry
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8/6/2019 Session 3- "Compliance with Title 23, United States Code" by Craig Tackaberry
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NonmotorizedTransportationPilot Program
Marin County
Transportation Research BoardWashington, DC
January 11, 2009
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Challenges
One of the greatest challenges in quicklydelivering nonmotorized projects
originates from ten words in thelegislation: Notwithstanding any otherprovision of law, projects assisted underthis subsection shall be treated as
projects on a Federal-aid systemunder Chapter 1 of Title 23, United StatesCode
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Challenges Federal Aid System
Triggers fund distributions through therespective state DOTs
FHWA disburses funds to the DOT, which thendisburses to the local agency
Each state DOT interprets the federalregulations differently
the means of disbursement vary considerably,as does the amount of paperwork
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Local, Regional or State Funded Project Process
Include Project
In Adopted/ApprovedProgram
California EnvironmentalQuality Act (CEQA)
Clearance &Preliminary Design
Final DesignPlans, Specifications
and Estimate
(PS&E)
Solicit Quotes, Informal
Bid or Formal Bid &Award
Purchase Order
or Contract
Construct
ProjectNotice of
Completion
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Final Report & Invoice
NationalEnvironmental
Policy Act(NEPA)
and CEQAClearance
PreliminaryDesign
Final DesignPS&E
AuthorizeConstruction
Formal Bid & Award Contract
Construct Project
Complete Field
Review & Authorize
Preliminary Engineering
CompleteRight of Way
Certification
Project
ProgrammedIn TIP
DisadvantagedBusiness
Enterprise
(DBE)
ProgramUpdated
Federally Funded Project Process
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Challenges Federal Aid System
Process is slow and arduous State DOT involvement means you lose
control over project schedule
Shifting funds as project progresses in the TIPcan take months
Authorizations to Proceed required at severalsteps along the way, and each authorizationcan take several months to obtain
Funding cycles periodically shut down formonths at a time during which no paperworkis processed
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