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The American The American Recovery and Recovery and

Reinvestment Act Reinvestment Act of 2009 (ARRA)of 2009 (ARRA)

Satvinder Sandhu & Satvinder Sandhu & Frances Sakaguchi, Frances Sakaguchi,

FHWAFHWA

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FHWA FHWA Stewardship and OversightStewardship and Oversight

Projects must follow all Federal Projects must follow all Federal requirementsrequirements

Projects will be advanced with Projects will be advanced with maximum flexibility under the maximum flexibility under the regulationsregulations

Projects will be administered in Projects will be administered in accordance with our normal accordance with our normal Stewardship AgreementsStewardship Agreements

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Funds Apportioned to StateFunds Apportioned to State

Eligible UsesEligible Uses Restoration, repair, construction and other Restoration, repair, construction and other

activities under Surface Transportation activities under Surface Transportation ProgramProgram

Passenger and freight rail transportation Passenger and freight rail transportation and port infrastructure projects as and port infrastructure projects as described under TIFIAdescribed under TIFIA

May not be used for conversion of advance May not be used for conversion of advance construction on previously authorized construction on previously authorized federal-aid projects. federal-aid projects.

Federal share up to 100%Federal share up to 100%

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Project Delivery within Project Delivery within Federal ProvisionsFederal Provisions

Requirements and ProvisionsRequirements and Provisions PlanningPlanning EnvironmentEnvironment ConstructionConstruction Reporting/AccountabilityReporting/Accountability

55

PlanningPlanning

In establishing project priorities for In establishing project priorities for funding, priority is to be given to funding, priority is to be given to projects that are:projects that are: Projected for completion within 3 Projected for completion within 3

yearsyears Located in economically distressed Located in economically distressed

areasareas Expeditious project deliveryExpeditious project delivery Maximizing job creation and Maximizing job creation and

economic benefiteconomic benefit

66

Planning Contd.Planning Contd.

Projects be in the TIP for Projects be in the TIP for MPO areasMPO areas

Projects must be in the STIP Projects must be in the STIP for Authorizationfor Authorization

77

EnvironmentEnvironment

Projects Must Obtain NEPA Clearance Projects Must Obtain NEPA Clearance

CE (Categorical Exclusion)CE (Categorical Exclusion) EA (Environmental Assessment, Findings of EA (Environmental Assessment, Findings of

No Significant Impact (FONSI)No Significant Impact (FONSI) EIS (Environmental Impact Statement, Record EIS (Environmental Impact Statement, Record

of Decision (ROD)of Decision (ROD)

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ConstructionConstruction

DBE Requirements DBE Requirements

Buy American ProvisionsBuy American Provisions

Davis Bacon ActDavis Bacon Act

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DBE RequirementsDBE Requirements

DBE Goals in Section 1101 (b) of SAFETEA-DBE Goals in Section 1101 (b) of SAFETEA-LU apply to ARRA funds.LU apply to ARRA funds.

Provides $20 million in bonding assistance Provides $20 million in bonding assistance under 49 USC 332(e)under 49 USC 332(e) Minority Resource Center in OSTMinority Resource Center in OST

Provides $20 million for On The Job Provides $20 million for On The Job Training/Supportive Services Training/Supportive Services Supplement existing OJT ProgramsSupplement existing OJT Programs Entertain new starts (template to be Entertain new starts (template to be

provided)provided) Resurrect Business Opportunity Resurrect Business Opportunity

Workforce and Development (BOWD) Workforce and Development (BOWD) concepts or other unfunded past effortsconcepts or other unfunded past efforts

Other Ideas – e.g. Wounded Warrior Other Ideas – e.g. Wounded Warrior Program in VirginiaProgram in Virginia

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Buy American ProvisionsBuy American Provisions

Due to the Applicability of Title 23 Due to the Applicability of Title 23 Requirements in Title XII, there will be Requirements in Title XII, there will be no changes in our BA implementation no changes in our BA implementation for ARRA projectsfor ARRA projects

FHWA’s BA statutory provisions in 23 FHWA’s BA statutory provisions in 23 USC 313 and our regulatory policies USC 313 and our regulatory policies in 23 CFR 635.410 apply.in 23 CFR 635.410 apply.

Waivers must be in the Federal Waivers must be in the Federal RegisterRegister

1111

Davis Bacon RequirementsDavis Bacon Requirements

Davis Bacon will apply to all ARRA Davis Bacon will apply to all ARRA projects (the existing exclusion for projects (the existing exclusion for local roads and rural minor collectors local roads and rural minor collectors will not apply).will not apply).

This is the result of the This is the result of the “Notwithstanding any other provision “Notwithstanding any other provision of law and in a manner consistent with of law and in a manner consistent with other provisions of this Act…” other provisions of this Act…” language in Section 1606.language in Section 1606.

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Accountability and Accountability and TransparencyTransparency

““Every American will be able to hold Every American will be able to hold Washington accountable for these Washington accountable for these decisions by going online to see how and decisions by going online to see how and where their tax dollars are being spent.” where their tax dollars are being spent.” - President Barack Obama- President Barack Obama

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FHWA FHWA Stewardship and OversightStewardship and Oversight

A higher level of accountability and increased A higher level of accountability and increased

attention by GAO and IG is expected.attention by GAO and IG is expected.

FHWA is developing an ARRA Risk FHWA is developing an ARRA Risk

Management Plan. Management Plan.

FHWA will use a variety of techniques to FHWA will use a variety of techniques to

conduct in-process examination of areas conduct in-process examination of areas

identified as high risk.identified as high risk.

Financial management and State oversight of Financial management and State oversight of

local projects will be areas of particular local projects will be areas of particular

attention.attention.

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Reporting RequirementsReporting RequirementsTypes of ReportsTypes of Reports

Types of ReportsTypes of Reports CertificationCertification Periodic (90 & 180 days and 1, 2, & 3 years)Periodic (90 & 180 days and 1, 2, & 3 years) QuarterlyQuarterly

Data for Periodic and Quarterly ReportsData for Periodic and Quarterly Reports Projects (Monthly data from States)Projects (Monthly data from States) FinanceFinance Jobs (Monthly Data from States)Jobs (Monthly Data from States)

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Periodic ReportsPeriodic Reports Reporting Schedule Reporting Schedule

Required 90 & 180 days, and 1, 2, and 3 years after Required 90 & 180 days, and 1, 2, and 3 years after enactment. enactment.

Monthly and periodic reports will serve as inputMonthly and periodic reports will serve as input Includes information on:Includes information on:

1.1.Number of projects where work has begunNumber of projects where work has begun

2.2.Number of projects where work is completeNumber of projects where work is complete

3.3.Number of direct and indirect jobsNumber of direct and indirect jobs

4.4.Aggregate expenditure of State fundsAggregate expenditure of State funds

5.5.Total amount appropriated, allocated, obligated, Total amount appropriated, allocated, obligated, and outlayedand outlayed

6.6.Number of projects let to bid and number of Number of projects let to bid and number of projects awardedprojects awarded

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Quarterly Reports Quarterly Reports Reporting Schedule Reporting Schedule

Monthly and periodic reports will serve as Monthly and periodic reports will serve as input for the quarterly reportsinput for the quarterly reports

FHWA reports to Recovery.gov within 30 days FHWA reports to Recovery.gov within 30 days of the end of each calendar quarterof the end of each calendar quarter

First report due by July 30, 2009First report due by July 30, 2009 Includes information on:Includes information on:

1.1.Name of projectName of project2.2.Description of projectDescription of project3.3.Estimate of completion statusEstimate of completion status4.4.Number of jobs created and number of jobs retainedNumber of jobs created and number of jobs retained5.5.Purpose, cost, and rationalePurpose, cost, and rationale6.6.Subcontract informationSubcontract information7.7.Total funds receivedTotal funds received8.8.Total amount expended or obligatedTotal amount expended or obligated

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ARRA FormsARRA Forms Monthly Project Status ReportMonthly Project Status Report

Within 10 days of the end of each monthWithin 10 days of the end of each month

Monthly Employment Summary ReportMonthly Employment Summary Report Within 20 days of the end of each monthWithin 20 days of the end of each month

Periodic Grouped Project ReportPeriodic Grouped Project Report Within 2 weeks of awarding individual projectsWithin 2 weeks of awarding individual projects

Monthly Employment ReportMonthly Employment Report Optional form for States’ use in collecting jobs dataOptional form for States’ use in collecting jobs data

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Electronic FormsElectronic Forms

Name:Address:

City: State:Zip:

EMPLOYEES HOURS PAYROLL

0 0 0.00

DATE:Name:

Title:

7. CONTRACTOR NAME AND ADDRESS

4. Federal-Aid Project Number

9. Employment Data

6. Project Location: State, County or Federal Region

Subcontractor Direct, On-Project JobsPrime Contractor Direct, On-Project Jobs (see guidance for definitions)

Subcontractor Name

Prime and Subcontractor Totals

10. PREPARED BY CEO or Payroll Official:

MONTHLY EMPLOYMENT REPORTAMERICAN RECOVERY AND REINVESTMENT ACT

8. Contractor/Subcontractor DUNS Number:

1. First day of reporting period: (mm/dd/yyyy) 3. Contracting Agency2. Report Month: (mm/yyyy)

5. State Project Number or ID Number

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ARRA Project SignARRA Project Sign

2020

For More InformationFor More Information

Visit our ARRA website at: Visit our ARRA website at: hhttp://www.fhwa.dot.gov/economicrecoveryttp://www.fhwa.dot.gov/economicrecovery

Summary of Highway ProvisionsSummary of Highway Provisions Implementing GuidanceImplementing Guidance Frequently Asked QuestionsFrequently Asked Questions ARRA Calendar of Key DatesARRA Calendar of Key Dates

Contacts: Satvinder Sandhu, Frances Contacts: Satvinder Sandhu, Frances Sakaguchi, Mike MorrowSakaguchi, Mike Morrow