Chapter 1 - Introduction

Chapter 1 - Introduction

“Project development” is the general term that the Delaware Department of Transportation (DelDOT) assigns to the process which is used to take a project from origination through implementation. The goal of the project development process is to deliver a high-quality product which addresses an identified need, on-time, and within the established budget. The project development process is a complex and dynamic project management and decision-making workflow for transportation projects which will vary according to many project specific factors. These factors include:

• Program or section developing the project,
• Complexity of the project,
• Number and type of project stakeholders involved, and
• Project funding.

This manual has been developed to serve as a task-oriented guide to be referenced throughout the project development process to promote consistent, transparent, and efficient project delivery which adheres to all pertinent state and federal requirements. This manual describes DelDOT's project development process for most projects. It does not cover all possible scenarios due to the numerous variables involved. DelDOT sections that require specialized guidance are encouraged to create supplementary documents as needed.

1.1 Federal and State Requirements

Department Resources
DelDOT and FHWA Stewardship and Oversight Agreement

Transportation improvements inherently affect many stakeholders and can profoundly affect the nature of our communities and our environment. Accordingly, many laws have been enacted and regulations adopted at both the state and federal level which direct the DelDOT project development process. The primary controlling source documents affecting the DelDOT project development process are the United States Code (U.S.C.), the Code of Federal Regulations (CFR), and the Delaware Code. While there are many sources of federal funding available through multiple federal agencies and programs, the vast majority of DelDOT’s federal funding comes from the Federal Highway Administration (FHWA). The process detailed within this manual has been crafted to ensure compliance with the applicable federal and state requirements; and cites the governing state and federal laws, regulations, or other regulatory agency’s published policy or advisory guidance affecting the DelDOT project development process as needed throughout this manual. This manual has been specifically written to conform to the FHWA’s established processes and procedures as the agency administers the vast majority of DelDOT’s federal funding. Other federal agencies may have their own unique requirements and procedures which may not be fully addressed by this manual; therefore, it is essential for the project team to understand the source of a project’s federal funding to ensure federal compliance. Likewise, certain procedures outlined in this manual may be able to be modified or simply not performed when only state funds will be used for each phase of the project.

FHWA’s Federal-aid Highway funds may only be used on certain roadways eligible for this type of funding. Federal-aid Highway Program funds are authorized by the United States Congress for construction, reconstruction, and improvements of highways and bridges and functions as a reimbursement program as state departments of transportation (DOTs) must initially fund all work using state money. States are only eligible for reimbursement if they adhere to all the pertinent federal requirements. The principal statutes establishing the requirements of the Federal-aid Highway Program are found in Title 23 of the United States Code (U.S.C.) and the regulatory requirements are found in Title 23, Highways, of the Code of Federal Regulations (CFR). In accordance with 23 U.S.C. 106(g), DelDOT and the FHWA maintain a Stewardship and Oversight Agreement which further defines the oversight roles and responsibilities and subsequent approval authority of the two agencies. A key aspect of the FHWA’s administrative role is the selection and subsequent oversight of projects classified as Projects of Division Involvement (PoDIs). PoDI projects are selected by the FHWA and are typically projects which have an elevated risk, contain elements of higher risk, or present a meaningful opportunity for FHWA involvement to enhance meeting program or project objectives. Each PoDI project will have a specific Stewardship and Oversight Plan crafted outside of the general DelDOT and FHWA Stewardship and Oversight Agreement that establishes the responsibilities of both entities. The FHWA primarily provides oversight administration of the Federal-aid program through their local Federal-aid Division Offices located in each state as well as in the District of Columbia and Puerto Rico. The FHWA’s local Delaware office is tasked with providing oversight over DelDOT’s Federal-aid program in Delaware. FHWA’s local offices are supported by their headquarters office which oversees federal policy and initiatives and performs national-level oversight and research.

Title 2, Transportation and Title 17, Highways of the Delaware Code as well as the Bond Bill and associated epilogue language are the primary state level references that establish the authority, obligations, and duties of DelDOT. Title 29, Chapter 84 of the Delaware Code further defines how DelDOT will operate and its role in leading transportation decision-making on behalf of the State of Delaware. Under the State law, DelDOT may only do what it is authorized and mandated to do under law; accordingly, if project stakeholders request additional work that is not authorized by state law or eligible for federal reimbursement under federal regulations, the funding for that specific work may be denied.

1.2 Applicability to Local Public Agencies

Over time, DelDOT has assumed responsibility for the large majority of roads within the State including the roads outside of local municipalities which were previously designated as county roads in accordance with 17 Del. C. § 131 (b) and 17 Del. C. § 131 (g). Several state and federal public agencies own roads in Delaware as well, including the Delaware River Bay Authority (DRBA), the United States Army, the Delaware Department of Natural Resources and Environmental Control (DNREC), the United States Air Force, and the Delaware National Guard. These road owners will undertake public transportation design and construction projects to maintain their infrastructure using a variety of funding mechanisms, including funding through the Federal-aid program. In accordance with 23 CFR 635.105, DelDOT is ultimately responsible for the construction of all Federal-aid projects within the State regardless of the administering agency. Local public agencies may utilize federal funds administered through DelDOT for their improvements provided that all activities meet the applicable state and federal requirements. Local public agencies that utilize funding sources outside of state or federal sources may follow project development processes outside of this manual at their discretion, however, local public agencies that utilize state or federal funding are highly encouraged to use this manual as a guide during their project development process to ensure compliance with the pertinent state and federal requirements.

1.3 References to Other Resources

Much of the DelDOT project development process is directed by federal or state level requirements contained in various publications outside of this manual. Additionally, DelDOT has published numerous documents to implement or supplement these federal or state level requirements and to define processes or criteria that are otherwise unaddressed at the federal or state level. This manual aims to summarize the content and applicability of each reference but has not been written as a substitute for reading and applying the source document.

1.3.1 DelDOT Developed Resource Documents

Department Resources
DelDOT Publications Webpage
Design Guidance Memorandum
Design Guidance Memorandums Development and Approval Process
Policy Implement Procedures and Approval Process
Stewardship and Oversight Agreement
Design Resource Center

DelDOT provides a variety of publications outside of this manual related to the project development process which are maintained by various groups throughout DelDOT based on the subject matter contained. The method and format in which the information is ultimately published is dependent on the content, its intended use and audience. This subsection lists the resource document types that DelDOT utilizes to publish its resources:

• Manuals – These publications are intended to provide comprehensive direction, guidance, and assistance while describing multiple topics within a related specific subject matter. DelDOT’s manuals are published on its Publications webpage so that the information is easily accessible to DelDOT, its consultants, and to the general public.
• Design Guidance Memorandums (DGMs) – These documents are intended to provide technical guidance to DelDOT and its consultants to establish and adopt best practices for preparing transportation project plans. DGMs should relate to a specific topic that is not thoroughly addressed by Departmental standards, manuals, policies, or other widely adopted industry technical resource documents. DelDOT’s current DGMs and a listing of its archived DGMs are posted on its Design Guidance Memorandum webpage. DelDOT maintains a formal process for developing and approving DGMs within its DGM policy document entitled Design Guidance Memorandums Development and Approval Process.
• Policy Implements (PIs) – These documents are intended to provide guidelines to DelDOT employees related to conduct, and internal procedures necessary to carry out DelDOT’s programs. PIs can help establish broad goals or parameters but should relate to a specific topic that is not covered by another law, regulation, executive order, or policy. Once approved, these documents are posted to DelDOT’s Sharepoint website which is not readily available to entities outside of DelDOT. Therefore, PIs should only contain information relevant just to DelDOT staff. DelDOT maintains a formal process for developing and approving PIs within its policy document entitled Policy Implement Procedures and Approval Process which is only available to DelDOT employees through DelDOT’s Sharepoint website. PIs are approved and then maintained by DelDOT’s Division of Planning but can be developed by any division within DelDOT in accordance with the Department’s policy.
• Engineering Instructions (EIs) – These documents are published to provide specific technical and typically procedural guidance on a particular element in the project development process. DelDOT’s EIs are published and then posted to various locations on the Design Resource Center (DRC) that are accessible to DelDOT, its consultants, and to the general public.
• Formal memorandums – DelDOT will develop and distribute directive memorandums as needs arise. Memorandums are typically generated when specific clarifications or procedural updates are needed.
• Other guidance resources – DelDOT maintains numerous other project development related guidance resources that don’t fit into the previously described categories. The process for developing and publishing these documents will vary considerably based upon the information contained in the document.

DelDOT’s resources will be updated when determined necessary to keep the content current and accurate. Additionally, federal regulatory requirements dictate that several resources be reviewed and updated on periodic schedules. When updates are determined necessary, the assigned update team should evaluate the following considerations as early in the update process as possible to ensure an effective update process:

• Plan Development & Construction Working Group involvement – The Plan Development & Construction Working Group is a cross-sectional group of individuals from the various sections within DelDOT charged with recommending and reviewing procedures, process changes, documentation (e.g. policies, plan notes, DGMs, etc.), and standard practices concerning plan development and construction. Many resource update efforts will be initiated through this working group; however, when updates are initiated outside of this working group, the updating group should look to coordinate with this working group to ensure general Department consensus at the early stages of the update.
• Approvals required by statute or agreement – Many of DelDOT’s publications are required in accordance with federal or state requirements or must be reviewed and/or approved by the FHWA in accordance with the current DelDOT and the FHWA Stewardship and Oversight Agreement. Approval requirements should be investigated so that the necessary stakeholders can be engaged appropriately in the update process.
• Required public comment period – Updates to DelDOT publications that are considered regulatory by either being contained in or referenced by the Delaware Administrative Code, will require that a formal public comment period be provided through the State of Delaware’s Register of Regulations before adoption in accordance with 29 Del. C. Chapter 101.

DelDOT maintains many resources at a variety of locations outside this manual. Additionally, there are numerous federal and state resources relevant to the DelDOT project development process which are referenced within this manual. This manual aims to summarize the content and applicability of each reference but has not been written as a substitute for reading and applying the source document.

1.4 Developing and Maintaining the Project Development Manual

Department Resources
Wiki Notification Setup

The DelDOT Project Development Manual was created through a collaborative inter-Division process overseen by an Executive Committee and supported by a General Update Committee comprised of subject matter experts from across the Department. The Executive Committee was tasked with overseeing the overall update process while the General Update Committee provided technical input and performed content reviews throughout the manual’s development. Table 1.4 documents the members of both the Executive Committee and General Update Committee who contributed to the development of this manual.

It is understood that project development is a dynamic process that will change over time; accordingly, the content within this manual will be continually evaluated and updated as DelDOT procedures, policies, or best practices change. All suggested changes to this manual must be coordinated through and voted upon by DelDOT’s Project Development and Construction Working Group (PDCWG). For changes to be made to the manual, the following conditions must be met:

• Majority vote of approval by the PDCWG,
• Recommendation for approval by the DelDOT Deputy Director of Design and Deputy Director of Operations and Support,
• Recommendation by the DelDOT Chief Engineer,
• Approval by the Cabinet Secretary, and
• Concurrence by designated FHWA representative that there is no direct conflict with federal requirements.

Revisions are to be documented through the Project Development Manual Revision and Approval Log and then memorialized on the Manual’s Revisions and Approvals webpage. Manual users are encouraged to bring inaccurate or inconsistent information within the manual to their PDCWG representative for further discussion. Additionally, manual users are encouraged to “watch” the Wiki’s Revisions and Approvals webpage via the instructions provided at this link so that they can receive manual update notifications as changes are incorporated.

TABLE 1.4 – MANUAL DEVELOPMENT COMMITTEE MEMBERSHIP
EXECUTIVE COMMITTEE:
Mark Luszcz, Deputy Director Operations and Support, Division of Transportation Solutions
Maureen Kelley, Deputy Director Design, Division of Transportation Solutions
John Caruano, Chief of Environmental & Administrative Support, Division of Transportation Solutions
Brad Damtoft, Support Engineer, Division of Transportation Solutions
Andrew Short, Specifications Engineer, Division of Transportation Solutions
GENERAL UPDATE COMMITTEE:
Abebaw Berihun, PAR Program Manager, Division of Planning
Mike Beulah, Pavement Management P&R Design Manager, Division of Transportation Solutions
Cassidy Blowers, Construction Resource Engineer, Division of Transportation Solutions
Shehnaz Chaudhri, Group Engineer, Division of Transportation Solutions
Eric Cimo, DelDOT Utility Engineer, Division of Transportation Solutions
Nick Dean, Project Engineer, Division of Transportation Solutions
Kyle Haller, Design Resource Engineer, Division of Transportation Solutions
Scott Johnson, Project Manager, Division of Transportation Solutions
Jon Karam, North District Design Support Engineer, Division of Maintenance and Operations
Taylor King, Statewide Support Services Engineer, Division of Maintenance and Operations
Thomas Little, Canal District Contracts Engineer, Division of Maintenance and Operations
Scott Neidert, HSIP Manager/ Traffic Resource Engineer, Division of Transportation Solutions
Nick Rigolino, Project Engineer, Division of Transportation Solutions
Jon Tice, Design Resource Engineer, Division of Transportation Solutions
Mark Whiteside, Design Resource Engineer, Division of Transportation Solutions