1. BELT LINE RD. INTERSECTIONS (MIDWAY & QUORUM) Project has been delayed due to utility relocations. Project will be complete by September I, 2000 contingent on TXU completing final
utility relocations ASAP. Southwest comer has been redesigned by SJF according to Town criteria. Assistance during construction to follow this plan will be required by Town. Center banner
pole will be relocated by Durable Specialties and banners rehung by a verbal agreement for $500 when the new median in Belt Line is done. Slade is getting the landscape restoration plans
designed for the medians and adjacent properties. I have been getting quotes fur each property independently to restore irrigation ASAP after construction to minimize distress. Sidewalk
of Belt Line Road east of the Olive Garden will be reconstructed at Town's request to "smooth out" transition from widened intersection to existing lanes oftraffic. There have been a
number ofconstruction modifications worked out with TXDOT that will require reconciliation of quantities at the end ofthe project. These include Quorum redesign, sidewalk "smooth out",
retaining walls, and driveways. Brian Shewski with Kimley Home is working on the timing plans for each intersection. State Farm has already paid $13,000 for the design report done by
Kimley Home once the project has reached substantial completion you should contact Jamal Pullen of State Farm to request the $100,000 graot for the construction improvements. All the
paperwork has already been completed, reviewed and approved. It was determined prior to construction that the EXXON on the northwest comer ofMidway and Belt Line was not constructed
according to their approved site plan in 1996. As a result of this, their site improvements are well on the public right-of-way leaving no room for landscape restoration. Mike Maya,
the site operator was contacted by writing and told to modify the site according to the approved site plan and restore his landscape to match the approved landscape plan. This means
remove a portion of his parking lot. CONTACTS: Jeanne Hooker TXU Electric 972-888-1302 John Hicks TXDOT Inspector 817-825-1687 Pete Garza TXOOT Engineer 972479-9747 Jesse J.L. Steel
817-8194820 Jeff Bryan Durable Spec. 972-296-6324 Jamal Pullen State Farm 309-766-0540 Jenifer Jones DART 214-749-2938 J.R. (Manager) Magic Time 972-980-1903 Mike Maya EXXON Operator
972-248-4800 Wayne Simmons EXXON Corporate 972-579-3680 Shi Sui Susco Investments 972-931-6199 
Greg Hilton \ Irving Service Cetlter ,, nu EI.aric& 􀁇􀁾􀀧􀀠 t015 HuttOn Delve Carrollton. Texas 75!)06 Te!:9723238913 e TXU Fax: 972 323 8925 greg.hUton@tXU.com Timothy Seidelman ManagcrEngineering
Design @Southwestern Bell Southwestern Bell Telephone 215 N. Greenville A\'e. 2nd Floor Richardson, Texas 75081 Phone 972234-7085 />ZxD.llas Are. Rapid Transit p.o. Box 660163 1401 Pacific
Avenue Dallas, T""., 75266-724B jennifer Jones 5(!rvice Planner 1II (214) 749·2938 Fax (214) 749*3662 GeneVivero Field Construction Coordinator hving Sefllice Omter nu Electric & Gas
10t5 Hutton Olive Carrollton. TX 75006 Tel: 972 323 8960 Fax: 972 323 8925 eTXU Pager. 214 4391t6it1 71.Z.3 Jodie Smith :-"":'JUEl£CTRI;:;;;--:"' 􀁾􀀠,g Lone star 􀁇􀁡􀁳􀁾􀀠 T.lII ••
Utl,ltl •• CQmpanl •• 14400 Jorey Lane Farmers Branch, Texas 75234 Office: 972 8SS-1317 Fax: 972 888-1304 J:;;mLe'l -Hcr'€;,􀁾􀁾􀀯􀀴􀁁􀁊􀀠 SII6-tu:S?1 912 -7/0 -/.B4-/Jeanne Hooker Manager
nu I£lectric 8: Gas 14400 Josey Lane Farmers Branch, TX 15234 Tel: 912 8881302 Fax:. 972 888 1304 TXU jhookerl@txu.(.Om 􀀢􀁦􀀮􀁾 e 
2. MIDWAY ROAD CMAQ PROJECT This is the project to reconstruct 4 intersections along Midway Road. These intersections include Lindherg, Beltway, Proton and Spring Valley. Design is at
100% but there are still some outstanding concerns that have to be addressed by the designer (Carter & Burgess). Parsons Brincheroffwho is working fur Dallas County is administering
the project design. The TOA has expressed interest in bidding and construction administration ofthe project in order to protect our community's interests. In addition, we took this opportunity
to update our signal equipment to the video detection system. We will do this if we acquire all the equipment and tum it over to the contractor. The County will then reimburse us for
the equipment. Tbis is required since the proposed equipment is beyond State standards. Project is currently in the rigllt-of-way acquisition phase by the County. Bidding, purchasing
and construction should follow immediately. This project must be coordinated with the Midway Road Road reconstruction project. Ivan Nicodemus PB 214-747-6336 x-26 Jack Loggins PB 214-747-6336
x-28 Eric Starnaler Carter & Burgess 214-638-0145 Steve Taylor Carter & Burgess 214-638-0145 3. MIDWAY ROAD RECONSTRUCTION Currently in contract negotiation phase. Slade will coordinate
landscape restoration with 3 projects. (CMAQ, Belt Line Intersections) Bruce Grantham GBW Engineers 972-840-1916 4. BROADWAY PAVING AND DRAINAGE Engineer is SJF. Engineering is underway.
1 believe that Mike has the contracts. Engineering Study $5,500 Engineering and Plan Prep. $ Estimated Construction Cost $191,000 No project number at this time. Waiting on Randy. 
5. LINDBERG DRAINAGE Town had SJF design grading improvements and went out fur quotes. TRI-DAL was low quote but was unresponsive to actually perfoI1ll the work. Project was then bid
with Slade's green belt grading and irrigation project. The low bidder was Riverway Contractors and Management Inc. for $ which was well over budget. At that time it was decided that
additional money would be asked for in the new budget year to perform these improvements. Riverway Contractors agreed to wait until October and honor their bid. At the same time Explorer
Pipeline indicated that they had concern about our improvements and that they already designed improvements that would relieve our flooding concerns and adequately protect their pipeline.
Their proposed improvements were well beyond the scope ofours. We made a proposal to Explorer that the TOA will support their plans and potentially fund a portion of the improvements
if they hire Ihe contractor and manage the project. We are still waiting for a response. Dick Hightower RIverway Contractors 214-352-5118 6. FIRE DEPT. WASH DRAIN This projeet is to
install a drain system into the sanitary sewer syslem so that fire equipment can be washed onsite. Project has been awarded to Hencie International and they have failed to provide necessary
eontraet material to date. Tammy said thaI she would issue notice 10 proceed today (719/00). They projecl schedule is 45 days. Project must be coordinaled with Chief Padden in order
10 not conflict with fire operations. Fire has requested that we try to get a 65 fuet of sidewalk installed around the building. Proposal has been unrealistic ($9,800) so they said that
they would resubmit. Project contract is $49,993.70. Anwar or Sam HenGie IntI. 972-926-0034 Fax 972-926-0036 7. TUNNEL MONITOR EQUIPMENT This project is to install equipment in the police
dispatch center that will tie into the existing video equipment that is in the toll tunneL I have been working directly with Lea Dunn and the police department. Contractor to install
the equipment is SecureNet. The projeet will cost $13,975.66 but funding will be reimbursed by NTIA acoording to the interagency agreement. A notice to proceed letter has been released
and equipment is currently on order. Police dept. eontaet is Iody Ramsey. Kelly Bell SecureNet 972-248-4949 Fax 972-248-2220 8. ART PIECE I have met with Cannen to let her handle any
outstanding contract issues. 
Kelly J. Bell Business Development 3440 Sojourn, #240 Carrollton. Texas 75006 RO. Box 7007:17 Dallas, Texas 75370·0277 Hdqtrs: 972-248-4949 Fax: 972-248-2220 Ft. Worth: 817-491-2399
MobilelPager: 972-679-9999 KBell@SecureNetInc.com RMilrway COntractors " Management, Inc. Richard HIghtower P.O. Box 1855 Dallas, Texas 75209 (214) 352-5118 
-----------...􀀭􀁾􀀭􀀭....-----􀀭􀀭􀁾􀀽􀀽􀀻􀀺􀀺􀁟􀁟􀀭􀀭􀁟􀀻􀀻􀀻􀀻􀀽􀀮􀁾􀀽􀀺􀀺􀁲􀀻􀀬􀀻􀀻􀀻􀀺􀀺􀀺􀀺􀁟􀀭􀀭 Parsons CMAQ Program Office Brinckerhoff . 1701 N. Markel Siteel Suite 410 Da/las,
TX 75202 214-747-&36 Fax: 214-741-1937 E-mail: cl.T1aq@onramp.net August 17, 1998 Mr. Tom Simerly, P.E. Carter & Burgess, Inc. 7950 Elm Brook, Ste. 250 Dallas, TX 75247 VIA FAX Subject:
Congestion Mitigation Air Quality (CMAQ) Program Clarification of Additional TxDOT Curb Ramp Requirements "Off·System" Intersections Dear Mr. Simerly: My letter of July 17, 1998 provided
direction from TxDOT concerning the placement of curb ramps at intersections. We have been able to obtain clarification of those requirements. As stated in the attachment to this letter,
"off-system" intersections may continue to use the "diagonal" ramp configuration. For your project, on which all intersections are "off-system", you may continue the design as it is
current.IY presented. As the schematic has been approved by TxDOT -Austin, this will allow the Preliminary (65%) design notice to proceed meeting to be scheduled. If you have any questions
about this issue, please call me at 214-747-6336 ext. 26 or James Allen at ext. 30. Sincerely, Ivan F. Nicodemus, P.E. Program Manager Attachment: TxDOT e-mail dated August 5, 1998 cc:
Donald L. Cranford, P.E.,. Asst. Dir. Dallas County Public Works, Trans & Planning Moosa Saghian, P.E., TxDOT Sam Wilson, P.E. City of Dallas Jack Antebi, P.E. City of Dallas Tim Starr,
P.E. City of Dallas Gave Davis, P.E. City of Farmers Branch Cissy Sylo, P.E. City of Carrollton John Baumgartner, P.E. Town of Addison (1,,111' If Century (If /EngIneering /Excellence
F:IPROJECTSlP14CORRIP14-10UTIPI2-C&8\199B\013.DOC 
AUG-06-98 THU 11:44 AM SPECIAL PROJECTS oFC FAX NO. 2143204408 P. 01 IlILvi4 • there'll ..ot. :really allY "lack fo'l: 0 .. -&y&\:fIIlt rc&Cb.:a,y& UDl....... they hAve a. 􀁾􀁵􀁳􀁴􀀺􀀱􀁦􀁢􀁨􀁬􀀮􀀠enq
inearing :rsa.son ""y parpGnilicular r...,ps _to P" p:rov1dGd /IIlId th<m thay c:lm 􀁾􀀢􀀢􀀢􀀠a daoi\!" e>C(I$pt10n_ For off -system roo.dways, they c:aI1. =nt:.inu.e to WHO 4l.e.gonal
-... 1£ thQy "boOs", Wi_t II, d<u>i\lll """"pU.",., mlll. l\lll\ Cbanlles ara "liIal>te/1 p.l:'C!bibit11'1l1 tha dia\lOll6l %'IIDIP'" '1'l!r.t eoU14 ba IIIOIlUis or yaus. >_ llILv.id
a....aup 08/05/98 OhUPII> >>> 'lila Bt:.ond 1Il.0l1A l!anual !IoU".. fa -4 re<;lll1raCl pBrPflI3clicuJ.ar cu:rb 'l:U1P" at intGrSROtiOM. a£feote4 jobs being "all p:ooj .. ots WlIi""
hAve not<, u of this <late 1Wll" 6). beel> Pl'OCI<ISlI04 to the Awlt:!n office for letting"_ 'lila city Of Dan"" wantos to l<now 1f thc.y can :1>.. CU" allY slack en thia ...£Iq\Ur""""'t,
for :lobs 􀁡􀀱􀁲􀁂􀁥􀁾􀀠far along in de$1Qn_ Th9y h!>..... _ CI!1t.Q intarsocticm :!mprov...",,"" :Iobsl /IIlId h<>.t:a:tB they go to II1Ocliflf.l.nq l.ot.. Of 4es1qns. t:hOl' want to
qa" soma ....el.l.of.. or At le....t :know for sur" before thoy hallin. PleAIIlt adv.ia" "" we con _n/1 to th!im. _ you. CCI. ,\.1 .\i \1 Pollt-It" Fax NOlO C: Y(JOl<e.e. S.lf6HII9N
, 
Parsons CMAQ Program Office BrinckerhoH 1701 N. Market Street Suite 410 Dallas, TX 75202 214·747·6336 Fax: 214·741·1937 E-mail: cmaq@onramp net September 29,1998 Mr. John Baumgartner,
PE Town of Addison 16801 Westgrove Dr. Addison, Texas 75001 Subject: Congestion Mitigation Air Quality (CMAQ) Program Requested Signal Standards Dear Mr. Baumgartner: The Traffic Section
of the Texas Department of Transportation (TxDOT) has requested a copy of the various city standards relating to signal, streetlight, sign and pavement markings. In the event your city
has no special requirements, TxDOT standards will be used. Please note that if you normally require streetlight poles to be placed in a median instead of on the signal poles, the median
must be wide enough to have 30" Clearance (on each side) from the streetlight pole or foundation if foundation is above ground level. If your city has special standards that need to
be considered in the intersection signal designs, send two copies to our attention. If you do not have drawings of the standards, but have special design requirements, send a verbal
description of the requirements. If your city has no special requirements, send a letter indicating ·Your city has no special requirements for Signal, streetlights, sign, and pavement
markings." We request you submit a letter and the pertinent information to this office by October 7, 1998. If you have any other questions about this matter, please call me at 747-6336
ext. 26 or Jack Loggins at ext, 28. Ivan F. Nicodemus, P.E. Project Manager Attachments: cc: Don Cranford, P.E., Assistant Director, Transportation and Planning Over" Century of BIlglneerlng
Ilxceilencill D:IGENERALIG04CORRIG4·10UnADDISONI19981007.DOC 
DALLAS COUNTY PUBLIC WORKS May 26, 1999 Mr. Jim Milstead Dallas Water Utilities 320 East Jefferson, Room 214 Dallas, Texas 75202 Subject: Congestion Mitigation Air Quality (CMAQ) Program
Utility Coordination -Project 12 De.r Mr. Milstead: Attached. please find the 65% completed plans and certification documents for the subject intersection improvement project. The construction
documents (PS&E) are being finalized and on completion will be forwarded to TxDOT to commence wHh the letting process. The construction letting process win only begin after the required
right of way is acquired and all utility conflicts have been resolved. The attached plans are adequate to determine the required utility adjustments. Please identity the conflicts and
the expected adjustment date for the impacted utiHties by completing and returning the attached certification fonn to the address below by June 23, 1999. Parsons Brinckerhoff Construction
Services, Inc. CMAQ Program Office Attn.: Ivan Nicodcmus, P.E., Program Manager 1701 1701 N. Market Street, Suite 410 Dallas, Texas 75202 Any conflicts can be discussed at the Dallas
County Public Utility Coordination Meeting held on the third (3rd) Wednesday of every mon.!h at the 'Dallas County Public Works Building; 41 I Elm Street; 4th Floor Conference Room.
Construction is antieipated to begin in the fall of 1999 for those intersections where no right ofway is to be acquired. For those intersections where additional right of way is necessary.
the acquisition process is progressing with antieipation that construction will begin in late summer 2000. The status ofright of way procurement whcre utility adjustments are required,
may be obtained from the Dallas County, Property Division. Selas Camarillo. P.E. There are seven intersections in Project 12 that wHJ require right of way acquisition. (Midway @SojomlBelmeade,
Midway @Keller Springs Road, Midway @Spring Valley, Midway @Lindbergh, Midway @Beltway, Midway @Proton, Midway@McEwen) If you have any questions plcase 0311 Ivan Nicodemus, CMAQ Program
Manager I Engineer, at 214-747-6336 ext. 26 or Kimberly Burks at cxt. 29. Sincerely, 􀁄􀁾􀁾􀁾􀂷􀁴􀁌􀀠 Assistant Director of Publie worksZ::ion, Planning Attaehments: I) Utility Certification
Fonus -(I) per interseetion 2) 65% PS&E, CMAQ Project 12 cc: Donald R. Holzwarth, P.E., Director of Public Works, Dallas County, wlo attachmcnt Selas Camarillo, P.E., R.P.L.S. Assistant
Director, Dallas County, Property Division wlo attachment Moosa Saghian, P.E., TxDOT Special Projects Office wlo attachment Terry L. May, P.E., TxDOT Dallas District Right of Way Administrator
wlo attachment Tim Starr, P.E., City of Dallas wlo attachmcnt 'Sam Wilson, P.E., Cily of Dallas wlo attachment Dave Davis, P.E., City of Fariners Branch wlo attachment 􀂷􀀻􀁊􀀱􀁾􀀡􀁾􀁬􀁴􀁾􀀺􀁥􀁧􀁾􀁾�
�􀀮􀁾􀁾􀀺􀁾􀁾􀁾􀁾􀁾􀁴􀀡􀁾􀁾􀁾􀁾􀁾􀁗􀀡􀁾􀁦􀀺􀁾􀁾􀁾􀁾􀁻􀀧􀁴􀀬􀁾􀁓􀁩􀁾􀁾􀁾􀀻􀀻􀁾􀁳􀁾􀁾􀁾􀂷􀀻􀁾􀁾􀀺􀂷􀁾􀂷􀀧􀁽􀀠. Eric Stranater, P.E..• Carter & Burgess w/o attachment Ivan Nicodemus, P.E.,
CMAQ Program ManagerlEngineer wlo altachment (PI2-Pl 0) 411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151
.. DALLAS COUNTY PUBLIC WORKS September 30, 1998 Mr. John Baumgartner, P.E. Town ofAddison 1680 I Westgrove Dr. Addison, Texas 75001 Subject: Dallas County Congestion Mitigation and
Air Quality Improvement (CMAQ) Program Curb Ramp Design at Various Intersections TxDOT Statement ofLimited Liability Dear Mr. Baumgartner: TxDOT has issued Stand Alone Manual 98-4, Curb
Ramp Design at Intersections. As stated in the attached manual the use of perpendicular curb ramps on all TxDOT on-system roadways is required. TxDOT has refined this direction to allow
the use of diagonal curb ramps at any off system location. TxDOT has, however, placed conditions on the use of a diagonal curb ramp, attachment 2. "TxDOT will not be responsible for
any possible liabilities involved in the design of diagonal [curb 1ramps." Any comments to this direction and liability statement are due to TxDOT no later than October 30, 1998. If
you have any comments concerning this liability issue as it impacts the CMAQ intersection improvement program, please return such comments, or notice to make comment, to this office.
A consolidated response will be prepared by Dallas County and presented to TxDOT. If you have any questions, or require any detailed information concerning this issue, please feel free
to contact me or Ivan Nicodemus, CMAQ Program Manager /Engineer, at (214) 747-6336, extension 26. Your timely response to this request is appreciated. Sincerely, 􀁏􀁾􀁾􀁣􀀺􀂣􀀦􀁾􀁥􀀺􀀠
Donald L. Cranford, P.E. Assistant Director of Public Works, Transportation, Planning 􀁄􀁌􀁃􀀺􀁉􀁆􀁾􀀠 Attachment I) TxDOT Stand Alone Manual Notice 98-4, Curb Ramp Design at Intersections
2) TxDOT ltr August 14, 1998, Curb Ramps Design at Intersections xc: Moosa Saghian, P.E., TxDOT Ivan F. Nicodemus, P.E., Parsons Brinckerhoff, CMAQ Program ManagerlEngineer Files: (CMAQ
-City of Addison) 411 Elm Street, 4th Floor Dallas, Texas 75202 214-653-7151 
􀁾􀀻􀁾 .ITexas Department ofTransportation P.O. BOX 3067. DALLAS, TEXAS 75221-3067' (214) 32()'6100 August 14, 1998 􀁾1'-􀀮r-􀁾.􀁾',. 􀀽"'-􀁾--􀀭--􀀭 1 Mr. Ivan F. Nicodemus, P.E. 􀁻􀀧􀁊􀁾􀀠iC,.e:
􀀮􀀻􀀺􀀭􀁾􀀠 􀁜􀁾􀀻􀀧􀀺􀀠--':',i Parsons Brinkerhoff -CMAQ Project Office i:: ( '-. i" 1701 N. 􀀢􀀢􀀢􀁾 S","', "'1m 410 ' ::ijl 􀁾􀀹􀁓􀀸􀀠. I: d U 0' Dallas, Texas 75202 I􀁾􀁶􀀠 . I
Subject: Congestion Mitigation Air Quality (CMAQ) Program ,'.'---. -􀀬􀀬􀁾􀀮􀀭􀀬􀀽􀀽􀀭􀀮􀀧􀀠 Various Intersections in the Dallas County Curb Ramps Design at Intersections Dear Mr. Nicodemus:
As per our conversation with Austin office regarding the Stand Alone Manual Notice 98-4, the following decisions have been made. . 1. On system roadways, unless there is a justifiable
engineering reason, perpendicular ramps are required. 2. Off system roadways, cities can use diagonal ramps if they choose without a design exception; however, we would like to inform
the cities that, TXDOT will not be responsible for any possible liabilities involved involved in the design of diagonal ramps. If we do not receive any reply from the cities by October
30, 1998, we will assume that they do not have any . comments. If you have any questions in regard t6 this matter, please call Suja Mathew, P.E. at (214) 3206184. Sincerely Moosa Saghian,
P.E. Manager, Special Projects Office AttachmeI!t 
STAND-ALONE MANUAL NOTICE. 98-4 To: From: Subject: FunctionalManual: Highway Design Division DATE: July 6, 1998 Operations and Procedures Manual Purpose This Stand-alone Manual Notice
implements department policy with respect to the location of curb ramps at intersections. Contact Address questions concerning the information contained in this Stand-alone Manual Notice
to your field coordination engineer in the Design Division. Supersedes This Stand-alone Manual Notice does not supersede any previous documents. Contents The Americans With Disabilities
Act (ADA) is currently under revision and final approval is expected with respect to changes in the positioning ofcurb ramps to be constructed or reconstructed at street intersections.
All future curb ramps will be constructed in a perpendicular configuration as shown in Figure 1. The diagonal configuration for cwb ramps, as shown in Figure 2, will no longer be allowed.
Studies by the United States Architectural and Transportation Barriers Compliance Board have have shown that the diagonal configuration may inadvertently direct visually impaired persons
into the center of the intersection. This requirement applies to all new sidewalk or curb ramp installations and all sidewalk or curb ramp reconstruction projects. Only projects where
no wolk is planned for existing sidewalks may be allowed to retain existing diagonal curb ramp installations.. Page 1 of 2 
--Action Required The requirement for petpendicular curb ramps applies to all projects which have not, as ofthis date, been processed to the Austin office for letting. This information
will be incorporated in the Design Division Roadway Design Guide when published. I -I --L__ ---, I " " I I f\.. ;I I -I I Figure I Perpendicular Curb Ramps I I -I " 􀁾􀀠 -L_ ----,􀁾􀀠
􀁾􀁾􀀠 "-I I I Figure 2 Diagonal Curb Ramps Page20f 2 
..ADDisoN PUBUC WORKS DEPARTMENT (972) 450-2871 􀁾􀀡􀀡􀀡􀀡􀀡􀁾􀁾􀀢􀀢􀀢􀀢􀀢􀀢􀀧􀀡􀀧􀁉􀀡􀁉􀁉􀀡􀀡􀀡􀀡􀁉􀀧􀀡􀀡􀀢..􀀢.. <Ill Po" Olli.. Bo. 9010 AddJ.on, T. ... 75001-9010 16801 Weslgrove
Memo To: Clyde Johnson From: Jeff Marl<iewicz;rf CC: Date: 05l18f99 Re: Midway Road Intersections Project -Contract Administration In order to improve the traffic mobility along Midway
Road, we are currently wooong on a project to rebuild several of the intersections from Spring Valley to Keller Springs. These projects are currenlly in the final stages of design and
still have to go through the right-of-wey acquisition process. This project is part of the federally funded Congestion Mitigation and Air Quality Improvement Program (CMAQ). Dallas County
and TxDOT .currently have authority over the project administration and the Town of Addison collaborates through a local public agency agreement Staff is interested in taking the lead
role on the project during the bidding and construction phases. By taking over the project administration, we can better insure quality control, traffic control and minimal conflict
with Addison residents. In order for Addison to let the contrect for the construction, we must formally apply to TxDOT and have our letting and advertising processes reviewed for compliance
with federal regulations. I have included a copy of the document that summarizes the construction contract letting process for federally funded projects. Please review the atteched document
and let me know if you have any concerns about taking over the process. Thanks for your help and call if you have any questions. • Page 1 
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􀁊􀁡􀁾􀀠 25 00 11:15a 􀁐􀁡􀁾􀁳􀁯􀁮􀁳􀀠 􀁂􀁾􀁩􀁮􀁣􀁫􀁥􀁾􀁨􀁯􀁦􀁦􀀠 214-741-1937 p. 1 CMAO Program Brmcksrhoft 1701 N. Malkal Slr ••l Suite 410 [lalld., TX 75202 214-141-(3336 five 214-741-1937
E-maIl: cmaq@onramp.nef January 24, 2000 Mr. Jeff Markiewicz City of Addison 16801 Westgrove Drive Addison, Texas 75001-0144 Subject: Congestion Mitigation Ail' Quality (CMAQ) Program
Public Interest Finding Regarding Addison TraHic Signals CMAQ Project 12 Dear Mr. Markiewicz: Thank you for your letter dated January 13, 2000 in regard to the City providing signal
controllers for the CMAQ Project. The City will need to purchase the controllers for the construction and then request reimbursement after the project is complete. First, we must receive
a "Public Interest Finding' letter from your city. Later, we must obtain a FHWA Funding Authorization before the project is started so we can get the reimbursement after the project
is complete. Attached, please find a "Proposed Draft" letter regarding "Public Interest Finding Finding for City Furnished Labor and Equipment, City of Addison CMAQ Projects 12" for
your consideration. We request your review and verification of the attachments and if you concur, please retum the letter on City of Addison's letterhead to this office for processing.
This "Public Interest Rnding" statement is a requirement of the TxDOT letting process in the event you want to provide traffic signal controll@rs, cabinets, and malfunction units for
later partial reimbursement. If yOLJ have any other questions, about this matter, please call me at 747 -6336 ext. 26 or Jack Loggins at ext. 28. Ivan F. Nicodemus, P.E. Program Manager
Attachment: 1) Draft Public Interest Rnding Letter cc: Don Cranford, PE, Asst. Director, Trans .. & Planning, wlo attachments Moosa Saghian, PE, Special Projects Office, TxDOT, wlo attachments
Melanie Young, P.E., Traffic Office, TxDOT, wlo attachments Maher Ghanayem, P.E., Texas Department of Transportation, wlo attachments Eric Starnater, P.E., Carter & Burgess, wlo attachments
attachments Over a Century at Engineering Excellence Gc\GD4COflRlG4-10UnADDISONI2OIlCNl12j'ublic Interest .doc 
Jan, 25 00 11:15a Parsons BrinckerhoFF 214-741 1937 p.2 Proposed Draft •• Please retype on City Letterhead paper. January 24. 2000 Mr. Don Cranford, P.E, Assistant Director, Transportation
and Planning Dallas County Department of Public Works 411 E[m Street Dallas, TX 75202 Subject: Public Interest Finding for City Furnished Labor and Equipment CMAQ Program City of Addison
CMAQ Program Dear Mr. Cranford: The City of Addison desires to furnish the permanent traffic signal controllers, cabinets and malfunction management units on the referenced projects
listed below: Project It Street Cross Street CSJIt 12 Midway Road Spring Valley 0918-45-344 12 Midway Aoad Proton 0918-45-344 12 Midway Road LindberQ 0918-45-344 12 Midwav Road Keller
Springs 0918-45-344 The City will be assuming full responsibility for the maintenance and operation of the proposed signal installations for both on and off system locations upon acceptance
by TxDOT. It is our belief that the use of City provided equipment and labor for those items noted above for the projects designed under the Dallas County CMAQ program, is cost effective
and in the public interest. The City of Addison's signal maintenance personnel are familiar with the traffic signal controllers and equipment and their ability to maintain this equipment
is enhanced, inventory items are reduced, and there will be consistency between signalized intersections. The result of these actions are increases in public safety and travel efficiency
as reductions in traffic signal maintenance response time is anticipated. If you have any questions or comments, please contact me at 972-205-2432 or Ivan Nicodemus at 214-747-6336 extension
26. Sincerely, John Baumgartner, P.E. Director of Public works cc: Moosa Saghian, P.E., Texas Department of Transportation Dan Turk. P.E., Texas Department ofTransportation Maher Ghanayem,
Texas Department ofTransportation Ivan F. Nicodemus, P.E., Parsons Brinckerhoff Construction Services, [nc., PM/E G:\G04CORR\G4·10UTIADDIS0N\2000\012_Public h1teras! .doc 
􀁰􀁾􀀠.CMAQPROGRAM fRB.. UPDATE • February 23, 2000 • General • Consultants • Engineering Progress • Environmental General • Design Review • Process ContInues -Timeliness • CMAQILA's
• Review ofNew TIP -Project 08, Richardson Increases to Cover Shortfalls -ReVIsion ofProject 011 Funding • Duncanville • , ,I -Correct Funding atCamp Wisdom at Cockr&ll HHI • Construction
• TxDOT Approves County Construction ofP03IP071P13 -Draft Construction ILA Received • Richardson Still Reconsidering -No Word this Week 
Consultants • Accomplishments • Pending Contract Amendments -#06 TeB. Contract Mod # 4 In Progress ($55,158.) -#31 WSA Contract Mod # 3 In Progress ($4,OOO) -#32 Datum Contract Modification
# 1 (Will Reslad) • Issues -None --...􀂧􀁾􀁳􀀽 == 􀁲􀁾􀁾􀀠Engineering Progress • Signal Design Project Status • GP (71) Grand Prairie· Parsons Transportation Group -C2-C6 Final Plans
Received, Review Due 1127/00 (Late) • Intersection Improvement Design Project Status • 65% Reviews In Progress -Dallas -None " -TxDOT -None· 􀀭􀁐􀁍􀁉􀁅􀁾􀀠 None 
Engineering Progress (Continued) • 95% Reviews In Progress -TxDOT -P07, P14 -Grand Prairie -P07 100% Reviews In Progress -TxDOT -P07A, P26. P30 -Dallas-None -Grand Prairie -P07A(Jeffersonl/dlewifd)
-Dallas County -P07A (Jeffersonl/dlewildJ • Reviews Completed -Dallas-None -TxDOT None Consolidated Comments -(65%) -none, (95%) -None. (100%) -None 66 􀁲􀁾􀀮􀀮􀀠 Engineering Progress
'Dlsposltioned Comments -P05 (95%). P19(65%). P13 (95%), P20 (95%). P29(95%) Resolution In Progress 'Deslgn Underway -Schematic P15A -65% PH, P32 -95% POr, P14, P19, P28 -100% P05, P10,
PI2, P20, P25, P26, P27, P30, P33 , -Gorrected Sheets None -Mylar Produotion None 'Plans RecelvedlReturned -POB My/ars Received, Assembling Standard Sheets 
Engineering Progress Engineering Progress 
Engineering Progress •..... • • 􀁾􀀱􀀧􀀮􀁩􀀠 , Right-of-Way 
Right-of-Way Pmj. , . Utility Coordination • Processing certification forms . ' 
Escrow Progress • 􀁾􀀠 ! I 􀁰􀁾􀁊􀁩􀀠 Escrow Progress 
Escrow Progress LookAhead • Next Meeting • Wednesday, February 9,2000 • Next Milestones -P05 100% Submittal -P07 95% Review -P07A Jeffersonlldlewild 100% -POB Mylars In Production -P10
100% Design, NTP 1118100, -P11 Basemap Produclion .. -P12 100% Produclion -P12 A 65% Production -P13 95% Disposilion -P14 95% Wall Changes Done, -P15a CMAQ Conference Room Due 2118100
(Lale) Due 2/7/00 (La Ie) Review Due 2/7100 (Iale) Received 212210.0 Need Due Dale Due January 31, 2000 (Lale) Due 2125100 Due 2125100 Due 10111199 (Lale) Review Due 2/1/00 (iale) Due
3/31/00 
&6 =='== 􀁾 􀁾􀀢􀀠Look Ahead (continued) • Next Milestones -P17 4th Final Review -P20 100% Design Rejected P25 100% Production P26 100% Review P27 100% Production P28 95% Submittal,
-P29 95% Disposition P30 100% Review P31 Mylar Signatute P32 65% ProductIon -P33 100% Production Due 2111/00 (Lale) Need Due Date Delay Due to 60' Masts Due 1121/00 (Late) Due 2121/00
(Late) Due 3/17/00 Due 2121/00 Due 211/00 (Late) Send To TxDOT Due 3/17/00 Due 3/17/00 Action Items • County • TxDOT Revlewsbue Construction ILA Due • PMIE Duncanville ILA Mod1f1catJons
PIS 􀁾􀀠Hillcrest -BeJtJlne Dlrec1/on Lettet to City of Dallas Amendment 01 project 32Brfeffng P32 MAPO Summary ,; Right of Way Escrow P25 -P25 GfHnVllle at Walnut HJII ROWEstJ'nnw 􀁒􀁾􀀠
• City ofDallas • Signature ofP31 My/ars On-goIng ASAP ASAP In Progress On Hold (RowrltJng) Complete Signature Needed ASAP 
Action Items Conl'd • City ofFarmers Branch • Right of Way Escrow Overdw -Right otW.y-Inwood at Spring Valley PhoneCafl • City of Garland .. Right 01 Way Escrow Overdue' • City ofRichardson
.. OVer BUdget Response ASAP .. Reconsidering Local CcmstrocUon ASAP • City of Carrollton .. EngIneering Escrow Overdue .' 
CMAQ PROGRAM UPDATE • March 1, 2000 General Consultants Engineering Progress Environmental General • Design Review • Process Continues -Timeliness • CMAQILA's • Review ofNew TIP -Project
08, Richardson Increases to Cover Shortfalls -Revision ofProject 08 Funding • Duncanville , -COlTect Funding at Camp Wisdom at Cockrell Hili • Construction • TxDOT Approves County Construction
of P03/P071P13 -Draft Construction lLA Received • Richardson Still Reconsidering -tlo Word this Week 1 
Consultants • Accomplishments • Pending Contract Amendments -f#J4 Paragon Contract Mod # 3 Likely ($6,000 +/-Survey Work) -f#J6 TCB ContractMod#4ln Progress ($55,158.), Approve 3fllOO
-#31 WSA Contract Mod # 3 In Progress ($4,000), Approve 3114100 -#32 Datum Contract Modification # 1 (Requested Scope Reduction) • Issues -Jefferson/14th in Project 07 has railroad gate
problems. Engineering Progress . • Signal Design Project Status • GP (71) Grand Prairie -Parsons Transportation Group -C2-C6 Final Plans Received, Review Due 1127100 (Late) -TxDOT Committed
3I8l00, Grand Prairie unknown • Intersection Improvement Design Project Status • 65% Reviews In Progress -Dallas -None -TxDOT -None -PMIE-None 2 
---DjJ 􀁾􀀠=fB1l Engineering Progress ., (Continued) '-==;i.::i=-.ll • 95% Reviews In Progress -TxDOT· P07, P14 -Grand Prairie -P07 100% Reviews In Progress -TxDOT -P07A, P26, P27, P30
-Dal/as· P27 -Grand Prairie -P07A (Jeffersonl/dleWIJd) -Dallas County· P07A (Jeffersonlld/ewild) • Reviews Completed -Dal/as-None -TxDOT None -Consolidated Comments -(65%)· none, (95%)·
None, (100%) -None 􀁉􀁾􀀧􀀿􀀠Engineering Progress ·Dispositioned Comments -P04 (65%), P05 (95%), P19(65%), P13 (95%), P20 (95%), P29(95%) Resolution In Progress -Design Underway -Schematic
P15A -65% PII, P32 -95% P07, P14, P19, P28 '-100",1, P05, P10, P12, P20, P25, P26, P27, P30, P33 -Corrected Sheets None -Mylar Production None -Plans ReceivedIRetumed -P08 Mylan; Received,
Less Richardson Details Title Sheet Sent to Richardson For Signature 3 
Engineering Progress 311)00 4 
P;!!; Engineering Progress 1J1Se Right-of-Way 5 
PtoJ, • Right-of-Way Utility Coordination • Processing certification forms • Received Response P06 -SWaT 6 
􀁾􀁅􀀮􀀠 Escrow Progress F==;'. B=G= Escrow Progress --IBS. 7 
Look Ahead • Next Meeting .. Wednesday, February 9, 2000 • Next Milestones -P04 95% Submittal -P05 100% Submiltal -P0795% Plans -P07A Jeffersonlldlewl1d 100% . -POB Mylars Complete -P10
100% Design, NTP 1118100, -P11 Basemap Production -P121oo% Production -P12 A 65% Production -P13 100% Production -P1495% WaI/ChangesDone, -P15a CMAQ Conference Room Due 4114100 Due3f3foo
Review Due 3I3l00 Review Due 3129100 Need Richardson Details Need Due Date Due January 31, 2000 (Late) Due 313100 Due 313/00 Due 3124100 TxDOT Review 3129 Due 3131/00 8 
ihiitii= =r-=:::::5 Sf! '!BB.. Look Ahead (continued) • Next Milestones -P17 4th Final Review -P19 95% Production -P20 100% Design Rejected -P25 100% Production -P251oo% Review -P27
100% Review -P28 95% Submitlal, -P29 95% Disposition -P30 100% Review -P31 Mylar Signature -P32 65% Production -P33 100"", Production -P71 C2-C6 Due 2111/00 (Late) Due 3131100 Need Due
Date Delay Due to 60' Masts Due 1121/00 TxDOT Plan 3123100 Due 3120100 Due 3117100 Due 2121100 Due 211/00, TxDOT Plan 3121/00 Sent To TxDOT Due 3117100 Due 3/17100 TxDOT Plan 318100
B& = . ====-Action Items II!.. • County • TxDOT ReviewsDu$ Con$truction ILA Due • PM/E Duncanville iLA ModfflcatlMs P15 .. 􀁈􀁬􀁬􀀱􀁣􀁲􀁥􀁳􀁴􀁾􀀠Be1tJlne Direction t.etter to City ofDallas
Project 32 Change ofScope Right olWay Escrow P25 Needed -PZ6 GnwmvIlle sl Walnut Hllf ROW&UmtlM 􀁒􀁾􀀠 • City ofDallas • SIgnature of P31 My/aI'S Targetlims an-goIng ASAP ASAP Need SIgnature
Need Signature Complete Complete 9 
Action Items Cant'd • City ofFarmers Branch • RIght ofWay Escrow • RIght ofWay -Inwood at Spring Valley • City ofGarland • RIght otWay Escrow • City ofRichardson • OverBudgetResponse
• ReconsIdering Local ConsttuctJon • Cityof Carrollton • EngIneering Escrow 2nd LetterSent Overdue Pbonecall ASAP ASAP Complete 10 
CoLoR : ,,€Jve/L City Stone I THICKNESS SQ. fT.t8t::-:OLE 1'G./sQ.FT. t'CS./8CNDLE THICK.'\:ESS SQ. fT.!8C;-..!DLE rcusQ.FT, rcS.lBL':-':DLE 
MODULAR CONCRETE BEilUTY"" 1-80Q-24S.PAVE 1mp11www.pav...ona.com AUSTIN, TX: (5 12J 346-7245 CINONNATI.OH: (513)474-3783 DAllASIFT. WORTH, TX: 1817] 481·5802 DENVER. CO: (303] 287-3700
HOUSTON, 1)(: (281] 391-7263 KANSAS CnY, MO: 18161524-9900 lAFAYETTE. IA: (318)234-8312 lAS VEGAS. NV: 1702] 451>-6292 LUBBOCK. TX: 1806] 866-9426 PHOENIX. A2: 16021 257-4588 SECTION
02518 INTERLOCKING CONCRETE PAVERS PART 1 GENERAL 1.01 SECTION INCLUDES A Concrete paver units. [Concrete paver edge units.] B. Bedding and joint sand. 1.02 RELATED SECTIONS A Section:
1---__ j-Curbs and Drains. B. Section: [ __-__ I-Aggregate Base. C. Section: I-CementTreated Base. D. Section: -__ I-Asphalt Treated Base. E. Section: I-Pavements. Asphalt and Concrete.
F. Section: [ __-__ I-Roofing Materials. G. Section: -__ I-Bitumen and Neoprene Setting Bed, Acrylic Fortified Mortar Setting Bed. H. Section: __ I-Geotextiles. 1.03 REFERENCES Street.
industrial, port and airport pavement thicknesses should be designed in consultation with a qualified civil engineer, in accordance with established ftexibJe pavement design procedures,
and in accordance with the ICPI Technical Bulletins. $ample construction detail drawings are available from the ICPI. A American Society ofTesting and Materials IASTM): 1 . C 33, Specification
for Concrete Aggregates. 2. C 136, Method for Sieve Analysis for Rne and Coarse Aggregate. 3. C )40, Sampling and Testing Concrete Masonry Units. 4. C 144, Standard Specification for
Aggregate for Masonry Mortar. 5. C 936, Specification for Solid InterlocKing Concrete Paving Units. 6. C 979, Specification for Pigments for Integrally Colored Concrete. 7. D 698, Test
Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5-lb [2.49 kg) Rammer and 12 in. 1305 mm) drop. Section 02518 -Interlocking Concrete Pavers· Page
I of (, 1/97
S. D 1557. Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a IO-Ib (4.54 kg) Rammer and I Sin. (457 mm) drop. 9. D 2940. Graded Aggregate Material
for Bases or Subbases for Highways or Airports. 1.04 QUAlITY ASSURANCE A Manufacturer: Company specializing In the manufacture of concrete interlOCking pavers for a minimum of three
(3) years. B. Installation shall be by a contractor and crew with at least one (11 year of experience in placing interlocking concrete pavers on projects of similar nature or dollar
cost. e. Installation Contractor shall conform to all local, statelprovinciallicensing and bonding requirements. 1.05 SUBMmAlS A. Submit product drawings and data. S. Submit full size
sample sets of concrete 'paving units to indicate color and shape selections. Color will be selected by ArchitecVEngineer/Landscape Architect/Owner from manufacturer's available colors.
e. Submit sieve analysis for grading of bedding and joint sand. D. Submit test results from an independent testing laboratory for compliance of paving unit requirements to ASTM C 936.
E. Indicate layout. pattern. a,!'ld relationship of pavingjoints to fixtures and project formed details. F. Substitutions: Substitutions shall be submItted 10 days prior to bid opening
for acceptance. 1.06 MOCK-UPS A Install a 7 ft. x 7 ft. (2 m x 2 m) paver area as described in Article 3.02. This area will be used to determine surcharge of the bedding sand layer.
joint sizes. lines. laying pattern{s}. color(sl. and texture of the job. This area shall be the standard from which the work will be judged. ConsIderation shall be given with regard
to differences in age of materials from time of mOCk-Up erection to time of actual product delivery. 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver concrete pavers to the site in steel
banded. plastic banded. or plastic wrapped cubes capable of transfer by fork lift or clamp lift. Unload pavers at job site in such a manner that no damage occurs to the product. B. Sand
shall be covered with with waterproof covering to prevent exposure to rainfall or removal by wind. The covering shall be secured in place. e. COOrdinate delivery and paving schedule
to minimize interference with normal use of buildings adjacent to paving. 1.08 ENVIRONMENTAl CONDITIONS A Do not install sand or pavers during heavy rain or snowfall. B. Do not install
sand and pavers over frozen base materials. e. Do not install frozen sand. Section 02518 -Interlocking Concrete Pavers -Page 2 of 6 1197
PART 2 PRODUCTS 2.01 CONCRETE PAVERS Concrete pavers may have spacer bars on each unit. These insure a minimum joint width between each unit into which sand is placed. Spacer bars help
prevent contact of the edges with adjacent pavers and subsequent spalling. They are highly recommended for mechanically installed pavers. Manually installed pavers may be installed with
or without spacer bars. A Concrete pavers shall be supplied by Pavestone Company. Austin. TX: 1512}346-7245 Cincinnati. OH: 15131474-3783 DallaS/Ft. Worth. TX: 18171481-5802 Denver.
CO: 13031287-3700 Houston. TX: (281)391-7283 Kansas Ci\y. MO: (816)524-9900 Lafayette. LA: (318) 234-8312 Las Vegas. NV: (702) 456-6292 Lubbock. TX: (806) 866-9426 Phoenix, I'IZ.: 16021
257-4588 B. Product namels)/shapelsl. colorls). overall dimensions. and thickness of the paver{s) shall be: I in.lmm x in.lmm x in.lmm thick.] [ in.lmm x in.lmm x in.lmm thicK.1 I in.lmm
x in.lmm x in.lmm thick.J C. Pavers shall meet the following requirements set forth in ASTM C 936, Standard Specification for Interlocking Concrete Paving Units: 1. Average compressive
strength of 8.000 psi 155 MPal with no individual unit under 7,200 psi 150 MPal. 2. Average absorption of 5% with no unit greater than 7% when tested In accordance with ASTMC 140. 3.
Resistance to 50 freeze-thaw cycles when tested in accordance with ASTM C 67. D. Pigment in concrete pavers shall conform to ASTM C 979. E. Material shall be manufactured in individual
layers on production pallets. F. Materials shall be manufactured to produce a solid homogeneous matrix In the produced unit. 2.02 VISUAL INSPECTION A All units shall be sound and free
of defects that would interfere with the proper placing of unit or impair the strength or permanence of.the construction. 8. Minor cracks incidental to the usual methods of manufacture.
or chipping resulting from customary methods of handling in shipment and delivery. shall not be deemed grounds for rejection. 2.03 SAMPLING AND TESTING A Manufacturer shall provide access
to lots ready for delivery to the OWner or his authorized representative for testing In accordance with ASTM 936-82 for sampling of material prior to commencement of paver placement.
B. Manufacturer shall provide a minimum of three (3) years testing backup data showing manufactured products that meet and exceed ASTM 936-82 when tested in compliance with ASTM C-140.
C. Sampling shall be random with a minimum of nine (9) specimens per 20.000 sq. ft. per product shape and size with repeated samples taken every additional 20,000 sq. ft. or a fraction
thereof. D. Test units in accordance with ASTM for compressive strength. absorption and dimensional tolerance. A minimum of three 13) specimens per test required for an average value.
Testing of full units is preferred. Section 02518 -Interlocking Concrete Pavers -Page 3 Of 6 1197 
2.04 REJECTION A In the event the shipment fails to conform to the specified requirements. the manufacturer may sort it and new test units shall be selected at random by the Owner from
the retained lot and tested at the expense of the manufacturer. If the second set of test units fails to conform to the specified requirBments. the entire lot shall be 􀁲􀁾􀁥􀁣􀁴􀁥􀁤􀀮􀀠
2.05 EXPENSE OF TESTS A The expense of inspection and testing shall be borne by the Owner. 2.06 BEDDING AND JOINT SAND The type of sand used for bedding is often called sand 􀁾􀁨􀁡􀁴􀀠is
suitable for the manufacturing of concrete. Sands vary regionally. Screenings and stone dust can be unevenly graded and have an excess amount of material passing the No. 200 175 Hml
sieve. Bedding sands with these characteristics should not be used. Contact paver contractors local to the project and confirm sandlsl successfully used in previous similar applications.
Umestone sand should not be used for bedding sand. Mason sands are typically acceptable only for joint sand. provided they meet grading requirements as shoW!) in Table 2 of this section.
A Bedding and joint sand shall be clean. non-plastic. free from deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Umestone screenings or stone
dust shall not be used. When concrete pavers are subject to vehicular traffic. the sands shall be as hard as practically available. B. Grading of sand samples for the bedding course
and joints shall be done according to ASTM C 136. The bedding sand shall conform to the grading requirements of ASTM C 33 as shown in Table 1. Table 1 Grading Requirements for Bedding
Sand ASTM C33 Sieve Size Percent Passing 3/8 in. 19.5 mml No.4 (4.75 mml NO.8 (2.36 mml No. 1611.18 mml No. 30 (600 J.lIT1I No. 50 (300 J.lIT11 No. 100 (150 J.l.ml 100 95 to 100 85 to
100 50 to 85 25 to 60 10 to 30 2 to 10 Bedding sand may be used for joint sand. However. extra effort in sweeping and compacting the pavers may be required in order to completely fill
the joints. joints. If joint sand other than bedding sand is used, the gradations shown in Table 2 are recommended. Joint sand should never be used for bedding sand. Section 02518 •
Interlocking Concrete Pavers· Page 4 of (, 1/97
C. The joint sand shall conform to the grading requirements ofASTM C 144 as shown in Table 2 below: Table 2 Grading for Joint Sand ASTM C 144 Natural Sand Sieve Size Percent Passing
No.4 (4.75 mml NO.8 12.36 mm) No. 16 (1.18 mml No. 30 (600 J.U111 No. 50 (300 V.ml No. 100 1150 v.ml No. 200 175 v.ml 100 95 to 100 70 to 100 40 to 75 10 to 35 2 to 15 o PART 3 EXECUTION
3.01 EXAMINATION For installations on a compacted aggregate base and soil subgrade. the specifier should be aware that the top surface of the pavers may be 1/8 to 1/4 in. (3 to 6 mml
above the final elevations after compaction. This difference in initial and final elevations is to compensate for possible minor settling. A. Verify that subgrade preparation, compacted
density and elevations conform to the specifications. Compaction of the soil subgrade to at least 95% Standard Proctor Density per ASTM D 698 is recommended. Higher denSity, or compaction
to ASTM D 1557 may be necessary for areas SUbject to corr tinual vehicular traffic. Stabilization of the subgrade andlor base material may be necessary with weak or saturated subgrade
soils. The Architect/Engineer should inspect subgrade preparation, elevations, and conduct density tests for conformance to specifications. B. Verify that geotextlles. if applicable,
have been placed according to specifications. C. Verify that aggregate base materials, thickness, compaction, surface tolerances, and elevations conform to the specifications. Local
aggregate base materials typical to those used for flexible pavements or those conforming to ASTM D 2940 are recommended. Compaction to not less than 95% Proctor Density in accordance
with ASTM D 698 is recommended for pedestrian areas. Compaction to not less than 98% Modified Proctor Density according to ASTM D 1557 is recommended for vehicular areas. The aggregate
base should be spread and compacted in uniform layers not exceeding 6 in. (150 mml thickness. Recommended base surface tolerance should be plus or minus 3/8 in. (10 mml over a lOft.
13 ml straight edge. The ArcihitectlEngineer should inspect geotextile materials and placement [if applicablel. base preparation, surface tolerances, elevations. and conduct density
tests for conformance to specifications. Mechanical tampers are recommended for compaction of soil subgrade and aggregate base around lamp starr dards, utility structures, building edges,
curbs. tree wells and other protrusions. In areas not accessible to roller compaction equipment. compact to specified density with mechanical tampers. D. Verify location, type, installation
and elevations of edge restraints around the perimeter area to be paved. E. Verify that base is dry, uniform, even, and ready to support sand, pavers, and imposed loads. Section 02518
-Interlocking Concrete Pavers -Page 5 of 6 1197 
F. Beginning of bedding sand and paver installation means acceptance of base and edge restraints. 3.02 INSTAllATION A. Spread the sand evenly over the base course and screed 10 a nominal
I in. 125 mm] thickness, not exceeding 1-1/2 in. 140 mm) thickness. The screeded sand should not be disturbed. Place sufficient sand to stay ahead of the laid pavers. Do not use the
bedding sand to fill depressions in the base surface. B. Ensure that pavers are free of foreign materials before installation. c. Lay the pavers in the pattern!s) as shown on the drawings.
Maintain straight pattern lines. D. Joints between the pavers on average shall be between 1/16 in. aJ")d 3/16 in. {2 mm to 5 mml wide. Some paver shapes require a larger jOint. Consult
manufacturer for recommended joint widths. E. Fill gaps al the edges of the paved area with cut pavers or edge units. Units cut no smaller than one-third of a whole paver are recommended
along edges subject to vehicular traffic. F. Cut pavers to be placed along the edge,with a double blade paver splitter or masonry saw. G. Use a low amplitude. high frequency plate vibrator
to vibrate the pavers into the sand. Use Table 3 below to select size of compaction equipment: Table 3 Minimum Centrifugal Paver Thickness Compaction Force 60mm 3000 Ibs. (J3 I<:N] 80mm
5000 Ibs. 122 I<:N) H. Vibrate the pavers, sweeping dry joint sand into thejoints and vibrating until they are full. This will require at least two or three passes with the vibrator.
Do not vibrate within 3 ft. II m) of the unrestrained edges of the paving units. I. All work to within 3 ft. II m) of the laying face must be left fully compacted with sand-filled joints
at the completion of each day. J. Sweep off excess sand when the job is complete. K. The final surface elevations shall not deviate more than 3/8 in. II 0 mm) under a lOft. 13 m) long
straightedge. The surface elevation of pavers shall be 1/8 In. to 1/4 in. (3 to 6 mml above adjacent drainage inlets, concrete collars or Channels. M. The resandlng as necessary of paver
paver joints shall be accomplished by contractor for a period of 90 days after completion of work. 3.03 FIELD QUAlITY CONTROL A. Mer removal of excess sand. checl<: final elevations
for conformance to the drawings. END OF SECTION Section 0251 B -Interlocking Concrete Pavers -Page (; of (; 1/97 L 
rEI(AS OEFAArMENT OF TRANSPORWlOll ( ) Dist. Engl'.•􀁟􀀮􀁾,',,-􀀮':!' .' OI'1T"'ICT NO. 1 B ; Ass!. Dis!. Eng. ..'J) . , . NOV 031997 I . ': ( ) Action '. ( I 􀁾􀀠Advise Dallas. Te.as
T􀁾D/.,c ) Comment :. RECEIVED:. TransportatIon t-lANDLE . _--"'.":1.1 OIR. OF. CONSTR. COMM'"IIT ASST D.C. 􀀬􀁾􀁾􀀺􀀺􀁾􀁾􀁾􀁾􀁛􀀠f'(1.INIT.: L .. TO: Management T earn L-"D ENG.!) er
,I Ui''-' -," REtO ENGR4 ' FROM: Robert Cuellar, P.E. LWAYENGR.-----1_--. '0 SUBJECT: Guidelines for Local Agencies to Administer 􀁐􀁲􀁢􀁾􀁾􀁃􀁅 TECH 􀁾􀁾􀀺􀀡􀀮􀀮􀀢􀀢􀀬􀀵___ SCANNEr
• ! '" ". \:) (. '5 Attached is a booklet entitled LocalAgency Guidelines for 􀁁􀁍􀁮􀁮􀁭􀁬􀀢􀀧􀁳􀁲􀁥􀁲􀀮􀀻􀁮􀀽􀁮􀁧􀁾􀀱􀀼􀁲􀀮􀁵􀁾􀁬􀁥􀁾􀀲􀀻􀀺􀀳􀀻􀀭􀁆􀁩􀁅􀁥􀀺􀁤􀁥􀁩􀀺􀀺􀀺􀀺􀁲􀁡􀀺􀀺􀁩􀁬􀀻􀀻􀀺􀀧􀁬􀁹􀀺􀀭�
�􀀭􀂭 Funded 􀁐􀁲􀁯􀁪􀁥􀁣􀁾􀀠(It :or Not a Grant). This booklet was compiled by a team as follows: Mr. Robert Wilson (DES) (Chair) Ms. Ann Irwin (ENV) Mr. 101m Reed (ROW) Mr. Wayne Dennis
(TPP) Mr. Doug Vonette (GSDIDES) Mr. Rondell Fagan (FTW) Mr. Robert Stuard (AUS) Mr. Pat O'Neil (FHWA) This booklet is intended to be a summary reference document that provides general
gui!iance on the process and refers to other specific documents that provide detailed policies and procedures, Properly completing projects is ofthe ,utmost importance. Also attached
is a copy ofa memorandum from the FHWA concerning "State Oversight ofLocally Administered Federal-Aid Projects . .. Note that a state may delegate it's "authority" to local publicentities but can not delegate it's "responsibility" for the implementation ofFederally Funded Off-System projects. And, if authority is delegated: all federal regulations must be adhered
to and it is the State's responsibility to see that they are, by an active monitoring and review program. This guide will assist in a uniform application ofsuch 􀁭􀁯􀁾􀁩􀁴􀁯􀁲􀁩􀁮􀁧􀀠by
district personnel. ' As an example, the guide points out that TxDOT has adopted AASHTO standards as the minimum design 'standards to be used. This, and other points. are contained in
the the Design section ofthe booklet. Even ifa local entity is given authority, Federal regulations require the State to remain "ill responsible charge oflhe project. .. This booklet
helps to set up that basic outline to accomplish . the projects and fullill our responsibilities as the agent of the FHWA in the projects oJ, ,", .\,. 
,􀀭􀀮􀁾􀀠 Managei:rlent T earn 2 October -30, 1997 Please provide this booklet to your persolUlei and to local entities who may wish to'seek approval to admiiUstef such an off-system
federally funded project: Ifyou have any questions or comments concerning this guide. please contact the Design Div.ision_ Attachments 
---. 􀁾􀁯􀁣􀁡􀁬􀀠Agency Guidelines for Adnlinistering Title 23 Federally-Funded Projects (It's Not a Grant) 
Table o[Corrterrts Table of Contents Introduction ............................................................................................................................i Section
I Project Programming Introduction .................................................................. ; ................................................ ; ......... 1-1 Category 4B _Surface
Transportation Program (STIP) Statewide Transportation Enhancement Program .................................................. : ................... 1-1. Category 4C -STP Metropolitan
MobilitylRebabilitation Projects ............................................1-2 Category 4D -STP Urban MobilitylRehabilitation Projects .......................................................
1-2 Category S -Congestion Mitigation and Air Quality Improvement (CMAQ) Projects ................ 1-3 .. . Category 6B 􀁾􀀠Off-System Bridge RehabilitationIReplacement Projects .....................
................ 1-3 ; . Section II 'Project Agreement General Discussion Discussion ..................................................................................................................
II·I Preparation Procedure· ............................................................................................................. II-I Funding Requirements and Reimbursement
Procedures ............................................................II-2 Draft Project Agreement. ..................................................................................................
.......II-4 Section III Environmental Considerations Regulations .........................................................................................................􀁾.................
IIl·1 Environmental Document Preparation and Review Process.................................................... III-4 Project Classification ..........................................................
................. : ................................. IlI-S Procedures for Class I Projects ..............................................................................................
111·6 Procedures for Class II Projects .................................................................................. ; .•.....•.. IlI-8 Procedures for Class III Projects.........................
................................................................... 111-7 Important Considerations in Environmental Analysis................................................. : ............
III-8 Section IV Right otway Guidelines ............................................................................................................................. IV-I ucaJ ACelJc,J'
Guidelines 10197 . 
; 􀁔􀁡􀁢􀀯􀁾􀀠o(Contents Section" Design General Discussion •........•••.•....•.••...........•••••...•.••.•.•......•• : ........•..••.•.........•..•......••..•..•...•....••.... V-I Plan
Preparation ......................................................................................................................V-2 Preparation by Consultants ••.........••..•...•....••.....•.•....
...................•............•.........•.••••......•....•.... V-2 Design Standards ••..•.•••••••••••••...•.•..•.••.•••.•••••••••.•••...••.•••••....􀁾••..••........••••.••..•..••••......•••.•......
•....V·2 PS&E Requirements •.•.••••••••.••••••.••••.•...•.•••••.•••...••.•.•.••••••••.••.•......••.••....•.••••.•.••••••••••••. ; .•....••••. V-3 .Agreements .........................................
........................... : •••••••.••.•••••.••••••••.••••••••••••••.•.•••••;..••.••V-6 Section VI Construction Contract Letting Process General Discussion •.•••••..•••.••••.•.••••••.•..•.•.••.••••
.•••.•••••••••..•...•.••..••...••.•..•..•.•.••••.•.....••••􀁾.........•• VI.I Federal Guidelipes •.••.•.•••••••.. 􀁾•.••••••.••...•.•••••...•.••••••.•••.•••.•.•..•...••••••••....••••••.••...•••••••.•
•..••.•••.... VI-I SectioD vii'CODstruction Contract Administration General Discussion •.•.••••.•.••••.••••••.....•.•.•.•.....•••••••..•..•••.•••...•.•••.•..•...••.....•.....••.•••.••••••••••..•.•••
VlI-l Pretonstruction Conference..................................................................................... ; •••...•••••. VU-2 Quality COntrol.. ••.•....•.•••••• ; •.••.•••.•••....•••••...
..•••••••.....•.•••••.•....•••••••...•..•.•••.••..••••••.•....••.••..••..• VlI-2 Progress P8(YIIlCnts............................................................􀁾••......••..••......•..••••.•..••..•
.••.•...•..•••• VII·2 ;'hysical Completion ofConstruction .................................................................................... VIl-4 Changes and Extra Work••••...••••••••••.•..•••••.•
..•..•••.••...•.•.•••........•.•••......•.•••.••.....•••.•.•..•..••••••... VII-3 . ·dministrative Settlement Costs .................................... : ..................................
, ................... VU-3 .. ompliance With Federal Contract Provisions ...................................................................... VII-4 References.......................................
................ : .................................................. : ................. VI 1-5 Section VIIl Glossary· Local Agency Guidelines 10197 
I .. 􀁾􀀠 .'''.' Introduction Local Agency Gid4elines Introduction . This Local Agency Guideline is intended to serve as a general guidance document for local agencies that request to
administer any or all phases ofa project that will utilize federaH'imds . provided by the Federal Highway Administration (FHWA) and the Texas Department of . Transportation (TxDOn. It
is not intended to contain all the requirements. but is rather a summary. that will reference other documents that contain more detailed requireroents. .. This guideline will summarize
such areas as project progranuning. prelimimuy engineering (design. environmental and public involvement), right ofway. advertising and letting, construction project administration,
and the agreements needed 10 establish each agency's responsibilities in completing the "fork. The local agencies may only be approved to administer projects as outlined in these 􀁾􀁩􀁤􀁥􀁬􀁩􀁮􀁥􀁳􀀠
for projects that are offstate numbered highway routes or transportation enhancement.projects as approved by TxDOT. TxDOT win administer projects on state numbered highway routes. It
is essential that all requirements of federal and state laws, rules and regulations be met during these projects. It is important to note that these project funds are not a grant process,
as are many other programs local agencies deal with. Rather. funding administered through Title 23 of federal law is provided as reimbursement for work completed in accordance with all
requirements. As such, payment is made to the contractor for work completed and billing is ·submitted for . reimbursement from TxDOT. Monitoring for compliance with all requirements
will be continual and ongoing, and items found to not be in compliance will not be eligible for reimbursement. To accomplish compliance, it is essential that local agencies coordinate
closely and continuously with their TxDOT district office during all phases through project completion. TxDOT district offiCes are available to assist local agencies, lind answers to
questions, arid coordinate with other TxDOT and FHWA offices. Any or an ofthe duties and processes to accomplish the project may be delegated to the local governmcnt entities for execution
as approved by TxDOT. However, TxDOT by federal regulation is the agent ofthe federal government for administering these programs and as such must remain "in responsible charge ofthe
project" and guarantee compliance with all applicable fedcral regulations. . 1..11(,111 Agt"m:y 􀀨􀁲􀁾􀁲􀁬􀁩􀁴􀁦􀁾􀀯􀁩􀁬􀁬􀁩.􀀺.􀀮 􀀢􀂷􀀠 ; 10/97 
􀀭􀀭􀁾􀀠 '}(-. , . . . ,. Section I Proj ect Programming
.' PrO;«I Programming Sltcrion I Project Programming Introduction The Texas Transportation Commission (commission) must authorize a project before it can be developed at the local level
by a consultant or TxDOT staff. Even those projects that do not . require a state match to federal-aid funding require commission authorization since contracts are paid out using state
funds and reimbursed with federal funds. Projects are authorized by the commission through passage ofminute orders., .. Minute orders authorize projects individually or through programs.
Federal-aid projects located inside metropolitan planning areas must also be included· in local Transportation Improvement Programs (TIP). In areas ofnon-attainment for air quality,
all projects, regardless offunding source, must t>e included in the TIP. AU federal-aid projects must be included in the Statewide TranspOrtation Improvement Program (STlP) before a
federal Letter ofAuthorization (LOA) can be issued: This section has been developed to help guide a local agency through project ' , programming. PLEASE NOTE: Expenses incurred prior
to the date ofthe LOA will notbe eligiblefor reimbursement. Category 48 -Surface Transportation Program (STP) Statewide Transportation Enhancement Program . The TxDOT Design Division
(DES) conducts program calls for transportation enhancement projects. Projects meeting the specified criteria are individually Selected by the commission as outlined in the Texas Administrative
Code. Aflei-the project is authorized by the commission, the nominating governmental entity must include the project in a local TIP if the project isinside a metropolitan planning area.
Ifthe project is outside a metropolitan planning area, the nominating govemmental entity should assure the project is included in the STIP by contacting the designated TxDOT district
contact person, The project is authorized for the 'amount ofFederal furids not to exceed the amount approved in the program. This amounl does nol include the local match required by
FHW A. Once selected by the commission. appropriate agreements must be developed between TxDOT and the appropriate governmental entity. After the agreement has been signed by both parties.
a federal form PR-37 is completed by the Tx DOT Transponation Planning and Programming Division (TPP) and submiued to FHWA to initiate a LOA to begin plan development. After a signed
LOA is received from FHWA. project development may begin. Expenses incurred prior to the date 1-//0197 
Project Programmillfl Sectioni of the LOA will not be eligible,for reim,bursement. Local entities will be reil:nbursed for , expenditures in accordance,with the signed agreemeilL . Category
4C-STP Metropolitan Mobility/Rehabilitation Projects STP Metropolitan Mobility programs are available for metropolitan planning organizations (MPO) in areas with populations greater
than 20,000 (Dallas-Fort Worth, Houston. S;ln Antonio, SI Paso, Austin, CoIJIUS Christi, McAllen-Pharr-Edinburg). Projects are selected by the MPO in 'consultation with TxDOT. Projects
meeting the specified criteria lin!' authorized by the commission in a district bank balance program. Projects must be included in the TIP and STiP. The a,ctivities for which federal
participation is desired must be determined by the iocal govemmen(and the MPO and shown in the TIP and STIP. Once a project is selected, appropriate agreements must be developed between
TxDOT and the local govemment entity. After the agreement has been signed by both parties, a federal form PR37 is completed by TPP and submitted to FHWA to initiate a LOA to begin plan
development. Aftera sigiled LOA is received from FHWA. project development may begin. Expenses 􀁩􀁮􀁣􀁵􀁾􀁥􀁤􀀠prior to the date of the LOA will not be eligible for reimbursement. Local
entities will be reimbursed for expenditures in accordance with the signed agreemenL If 100 percent local funds are to be used for project development (preliminary engineering), a PR-37
and subsequent LOA will 00 issued only for construction andlor right ofway funding. Ifthe preliminary enginecring or construction project is contracted and managed by the lOcal , ;ovemment
entity, TxDOT will reimburse the local govemment entity as outlined in the signed ,.greement. Category 40 -STP Urban Mobility/Rehabilitation Projects STP Urban Mobility programs are
available for use in urbanized areas where populations are greater than 5,000 and less than 200.000. Projects are selected by the TxDOT district in consultation with the MPO or locally
elected officials where an MPO does not exist. Projects meeting the specified criteria are authorized by trui commisSion in a district bank balance program. Projects must be included
in the TIP (ifinside the jurisdiction ofan MPO) and STIP. The activities for which federal participation is pesired must be determined by the local government TxDOTand the MPO and shown
in the TIP and STIP. Once an off-state highway system project is selected. appropriate agreement must be developed between TxDOT and the local government entity. Afier the agreement
has been sIgned by both parties. a federal form PR-3iis completed by TPr and submitted to FHWA to, initiate a LOA to begin plan development. A fier a signed LOA is received from FHWA.
project development may bell-in. . 1·2 10197 
Projet:l ProgramminG . Sect;"" I . . Expenses incurred prior til tlie date cir: the LOA will not be eligible for reimbursement. Local entities will be reimburned for expendifures in
aci:ordance with the signed agreement. If 100 Percent local funds are to be used for project development (preliminary engineering), a PR-37 and subsequent LOA will be issued only for
conStruction and/or right ofway funding. I fthe preliminary engineering or construction project is contracted and managed by the local government entity, TxDOT will reimburse the local
government entity as outlined in the signed agreement. Category 5 -Congestion Mitigation and Air Quality Improvement (CMAq) ProjeCts CMAQ programs are available for areas ofair quality
non-attairunent (Dallas-Fort Worth, 􀁈􀁯􀁵􀁳􀁴􀁯􀁮􀁾 ·In Paso, Beaumont-Port Arthur). Projects are selected by the MPO in consultation with TxDOT ana approved FHW A and the Envirorunental
Protection Agency (t;:PA). Projects meeting the specified criteria are authorized by the commission commission in a district bank balance program. Projects mus!.be included in the TIP
and STIP. The activities for which federal participatipn is desired.muSt bedetennined by the local goverrunent and the MPO and shown in the TIP and STIP.. ,. Once a projectis selected,
appropriate agreements must be developed between TxDOT and the local government entity. After the agreement has been siguedby both parties; a federal fonn PR37 is completed by TPP and
submitted to FHWA to initiate a LOA to begin plan development. . After a signcd LOA is received from FHW A, project development may begin.· Expenses Incurred prior to tbe date ofthe
LOA will not be eligible for reimbursement• . Local entities will be reimburned for expenditures as ouilined in the signed project agreement If 100 percent local funds are to be used
for project development (preliminary engineering), a PR-37 and subsequent LOA will be issued only for construction andlor right ofway funds. If the preliminary engineering or construction
project is contracted and nianaged by the local government entity. TxDOT will reimburne the local government entity as outlined in the signed agre.erw:nl. Category 6B -Off-Systein Bridge
RebabilitationIReplacement Projects DES and TPP prepare programs for Off-System Bridge Projects in the annual updates of the i 0year Unified Transportation Pilin (UTP) .. Projects meeting
the specified criteria are evaluated and prioritized statewide by need and authorized by the'commission for rebabiliiation or replacement . in a project specific fonnat. Ifa local government
declines the offer to rehabilitate or replace·a bridge, the offer is made 10 the next qualifYing project in the statewide program. Projects must tie inclUded in the Tip if inside a metropolitan
planning area, If th.e project is located outside a metropolitan planning area, the local govemmctit entity· should contact the T,,[)OT district and assure the project is included in
the STIP. The activities for which federal 1-3 . 11JI'}7 
..... : S«tioni participation is desired must be detenninei:l by the local government and TxOOTand must be shOwn in the STIP and TIP. . . Once a projeci is selected, appropriate agreements
must be developed between TxOOT and the local government entity. After the agreement has been signed by both parties, a federal fonn PR37 is completed by TPP and submitted to FHWA to
initiate a LOA to begin plan development. After a signed LOA is received from FHWA, project development may begin. ' 'Expenses incurred prior to the date of the LOA willnot be eligibie
for reimbursement. Local entities will be reimbursed for expenditures as outlined in the signed projectagreement. If 100 percent local funds are to be used for project development (preliminary
engineering), a PR-37 and subsequent LOA will be issued only for construction funds. Ifthe preliminary engineering or construction project is contracted and managed by the local govemmententity,
TxOOTwill reimburse the local government entity as outlined in the signed agreement. Lm:ol􀁁􀁋􀁾􀁉􀁬􀁃􀀧􀀢􀀠􀁇􀁵􀁩􀁤􀀻􀀨􀀡􀁬􀁩􀁬􀁬􀁾􀀡􀁩􀀠 14 
􀁾􀀮􀀠 : ProjectAGreement Section II agency for execution. Action is required by the local agency's governing bpard to authorize exect,ttion ofthe agreement The local public agency returns
the agreement to the district for TxDOT approval. The District Engineer will execute the agreement on behalfofthe department in accordance with the procedures established in the StandAlone
Manual NOlice 95-4. The district will retain one fully executed counterpart and return the second counterpazt to the local agency for their records. The execution of the agreement does
not constitute approval of the federal funds. No costs are eligible for federal aid reimbursement until authorized in writing by bDOT. TxDOT will process the "Letters ofAuthorization"
with the Federal Highway Administration. NOTE: Federalauthori:anon Is requiredfor each type ofservice where federal reimbursement Is desired. The typeirofwork required for completion
ofthe project may be fully delegated to the local agency. Delegating the development and construction offederal-aid projects does not relieve TxDOT of its agreement with FHWA to ensure
compliance with applicable federal and state laws and regulations. The local agency shall comply with all federal and state laws and regulations in contracting types ofwark eligible
for federal aid reimbursement Local Agency Force Account may be utilized for the direct performance ofconstruction work provided a "Finding ofCost Effectiveness' is approved by TxDOT.
TxDOT will be responsible for performing review and oversight functions to ensure that the work is accomplished in accordance with the approved plans. Additionally. TxDOT will monitor
the Local Agency Project Agreement to ensure that allterrns and conditions are met. TxDOT's administrative costs will be charged against the project. The local agency will be responsible
for the non-federal participating costs associated with TxDOT's administrative costs. These funds will be made available to TxDOT prior. to the administrative costs being incurred. When
required. TxDOT will coordinate contractual issues and approvals with FHW A. Funding Requirements and Reimbursement Procedures Local funding par1icipation is required in all federal-aid
projects unless otherwise provided by federal regulations. The percentage of federal funding participation is established in the authorized STIP and should then be identified in the
Local Ageney Project Agreement. When the local agency agrees 10 provide the project services. responsibility for payment of all l/-Z 10197 
·.£=.. . Pro;ect Agreement Section II costs falls on 􀁴􀁨􀁾􀀠local agency. TxDOT wiil reimburse the local agency the eligible federal funds provided adequate cost documentation is submitted
to T-xDOT. Costs for items of work determined by TxDOT to be ineligible for federal reimbw:sement will be the responsibility ofthe local agency. 1."I1/:I1{ 􀁁􀁋􀁥􀁮􀁣􀀺􀁾􀁾􀀠􀁇􀁵􀁩􀁤􀁾􀀯􀁩􀁬􀁬􀁬􀀡􀀮�
�􀀠 II-J 10/97 
t S"t:tiOff II Smith County CSJ: 910-03-001 North Parle Hike and Bike Trail STATE OF TEXAS D*" COUN1Y OF TRA VI LOCAL PUBLIC AGENCY AGREEMENT THIS AGREEMENT. is made bReenthe State of
Texas. acting by and through the Texas DeJ!8r1ment ofTransportation. hereinafter called the ·State" and the City ofJones. Texas. 􀁡􀁃􀁾􀁾􀁧􀀧􀁢􀁙􀀠and through its duly 􀁡􀁵􀁴􀁨􀁯􀁾􀁣􀁩􀁡􀁬􀁳􀀬
hereinafter called the ·City." 􀁗􀁉􀁔􀁾􀁔􀁈􀀠 WHEREAS. the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). codified under Title 23 U.S.C. Section 101 et seq., establishes
􀁴􀀱􀁩􀁾􀁮􀁡􀁬􀁬􀁮􀁴􀁥􀁴􀁭􀁏􀁤􀁡􀁬􀀠Transportation System that is 􀁥􀁣􀁯􀁮􀁯􀁾􀁩􀁣􀁡􀁬􀁬􀁹􀀠efficient and 􀁥􀁮􀁶􀁩􀁲􀁯􀁮􀁭􀁥􀁮􀁴􀁡􀁉􀁬􀁁􀁵􀁾􀁤􀀮􀀠provides the foundation for the nation
to compete in the global economy. and will move people and goods in an energy efficient manner; and I WHEREAS. Title 23 U.S.C. Section 133 estabIishes the Surface Tra ortation Program.
to be implemented by the States' Transportation Agencies. including transportation enhancement activities; and WHEREAS. a transportation enhancement activity is desired by the City.
specifically construction of the North Park Hike and Bike Trail. to be hereinafter idel\ti fied .as the "Project: as shown on the location map attached hereto and identified as "Exhibit
A"; and 114 10197 
􀀮􀀢􀁾 'ok "&; .' .Project Asrel!l1fent S«aumll WHEREA,S, Title 2:3 U.Sf.C. Siectio n 120 e'sta blishes that the federal share of funding for Surface . .. . Transportation Prog ,ill
exceed eighty percent (80%) of the cost ofthe Project; and WHEREAS, the rules ures for the selection and administration ofthe Statewide Transportation Enhancemem Program are established
in 43 TAC Chapter 11.200; and, "WHEREAS, the City has offered in the development and construction ofthe Project by providIng the non-federal fundinJ 􀀧􀁊􀁬􀁲􀁣􀁾􀁰􀀳􀀱􀁩􀁮􀁧􀀠the engineering
plans, acquiring the necessary right ofway, letting and managing the construction contract and providing other necessary items required by the State; and A 􀀧􀁉􀁊􀁈􀁾􀁓􀀬Qn 􀁾􀁥􀀠1st
day ofApril, 1995, 􀁴􀁨􀁥􀀱􀁾 Council passed Resolution No. 101; at'.ached hereto and identified as «Exhibit B,· authOrizingF,s participation in the development ofthe Project;,and '
. WHEREAS, the State will secure the federal cost share, perform review and oversight responsibilities. and provide other items as required; and ' 􀁾􀀠 .• '!-fEREAS, on 􀁾􀁥􀀧􀀱􀀸􀁴􀁨􀀠day
ofApril, 1994, the Texas Transportation 􀁾􀁩􀁳􀁳􀁩􀁯􀁮􀀠passed , JiI4. ;••mute Order 103709, attached hereto and identified as "Exhibit c.. selecting the Project through the State Transportation
Improvement Program and authorizing the State to enter into this agreement; AGREEMENT NOW. THEREFORE, in consideration ofthe premises and of the mutual covenants and agreements of the
parties hereto. to be by them respectively kept and performed as hereinafter set forth. it is agreed as follows: II-.f 10197 
.. 􀁾􀀠 .'1:; , , Section 11 . I. . Agreement.Period This agreement becOmes effective upon final execution by the State and shall tenninate upon completion ofthe Project or unless tenninated
or modified as hereinafter provided. 2. &ope andnon of the Project ., :n:State avaE7ee that the scope ofthe Project shall be limited 􀁾􀁯􀀠the scope authorized by the Texas Transportation
Commission under Minute Order No. 103709. 3. Acquisition of Right on . 'A:'. , 􀁟􀁾􀁥City shall ftnecessary requirements to acquire title in name ofCity, to the deSired right ofway required
for construction ofthe Project, which title shall be acceptable to the A City shall acquire all right ofway free and clearofall improvements croachments. The City shall comply with all
...L . requirements ofTitle II and Title III ofthe Unifonn Relocation Assistance and Real Property Acquisition Policies 􀁁􀁃􀁾􀁾􀁾􀁏􀀮 Title 42 U.S.C.A. Section 460 I, et seq., including
those provisions relatin incidental expenses incurred by the , ' property owners in conveying the right ofway 10 the City, and benefits applicable to Ihe relocation ofany displaced person
as 􀁤􀁥􀁦􀁩􀁮􀁾􀁆􀁒 Part 24.2(g). Documentation to. support such compliance must be.lintained and must be made available to the State and its representatives for review and inspection.
The City shall secure and provide easements over any other land in additional 10 nonnal right ofway as may be indicated 00 the approved 􀁲􀁩􀁧􀁨􀁴􀀭􀁯􀁦􀁾􀁷􀁡􀁹􀀠map: The City will be
responsible for any additional right ofway required for complction of the LaNI Agcllc,," 􀁇􀁵􀁢􀁦􀀨􀀡􀁬􀁩􀁬􀁴􀁾􀀠 1/·6 10/97 
I any ,. t;:: ": . ...:' ' : Sectwnil , 'ProjecL B. In the eventofway is donated' to the City after the date ofState's authorizatiUity will provide all documentation to the State regarding
the value ofthe acquired.property. The State will review the City's appmisaJ ofthe donated property to 􀁾􀁄the fair mmet value. 'The fair market value of donated right of􀁷􀁡􀁹􀀮􀁊􀀭􀁾􀁩􀁴􀁥􀁤
toward the City's 􀁾􀁮􀁡􀁮􀁣􀁩􀁡􀁬􀀠􀁳􀁨􀁾􀁲􀁥􀀠toward the cost ofthe projecL The City shall comply with the property donation requirements . es, tablished in Title 23 U.s.C. Sect"o
C' " The State will not reimburse the nds in the event the right ofway Was purchased before execution ofthis 􀁡􀁧􀁲􀁥􀁥􀁭􀁾􀁥 fair market value ofthe ,donated property exceeds the City's
􀁦􀁩􀁮􀁡􀁮􀁃􀁩􀁾􀁲 toward the projecL 4. Right-of-Way Description The City .shall prepare right-<lf-way maps, property 􀁤􀁥􀁳􀁣􀁲􀁩􀁰􀁴􀁩􀁯􀁲􀁬􀁩􀁬􀁦􀁾􀁥􀁲 data as needed to properly
describe the right ofway which the City is to acquire,Iprovide for the project. The right-of·way maps and property descriptions shall be submitted to the State for approval prior to
the City acquiring the necessary right ofway. Tmcings ofthe maps shall be retained by the City for its pennanent records. 5. Determination of Right-of-Way Values The City agrees to make
a determination ofproperty values for each right-of-way parcel by methods acceptable to the State and to submit to the State's District Office a tabulation ofthe values so determined.
signed by the appropriate City representative. Such tabulatiolls shall list the parcel numbers. ownership, acreage and recommended LocllI Axelll:," Guidclillcs 11-7 10/97 
'ttecI and may base its reimblUSement for parcel Sectionll compensation. Compensation shall be shown in the component parts of land taken, '. itemization ofimprovements taken, damages
(if-any) and the amounts by which the total compensation will be reduced ifthe owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined
values, together with a copy of information 􀁯􀁲􀀧􀁾 in arriving at all detennined values. 􀁅􀁸􀁰􀁥􀁮􀁳􀁥􀁳􀁩􀁮􀁣􀁾 by the City in penoMworicmay be eligible for reimbursement after the
City has received written authorization by the State to proceed with determination ofright-of-way values. The 􀁓􀁾􀁬􀁥􀀠will review the acquisitions on"the values w 6. Condemnation .
Condemnation proceedings will be i*time selected by the City and will be the City's responsibility at its own expense as hereinafter indicated. The City will concurrently "._00,......,""""."""'''''Ff
M"'" -,.􀀢􀀧􀁾􀀮􀁯􀁦􀀢􀀢􀀠City, and in each case so filed the judgement of ."," rt rt will decree title to the property condemned to the City. 7. Court Costs, Costs of Special Commissioners' Hearings T Court
costs ofSpecial Commissionem' hearings assessed 􀁡􀁧􀁡􀁩􀁾􀀮􀁬􀀺􀁥 City in condemnation proeecdings and fees incident therelO will be paid by the City. Such costs and fees . incurred
after written authorization by the State 10 proceed with condemnation will be eligible for reimbumcmcnt at an amount not 10 exceed 80 percent (80%) ofthe actual cost under the established
reimbursement procedure provided such costs and fees are eligible ror payment. Locol 􀁁􀁧􀁾􀁉􀁕􀀺􀀺􀀧􀁉􀀧􀀠Guidelines 11·8 10197 
Prcj4ct Agreement Section I! 8. Reimbursement for Right-of-Way Costs Reimbursement will be made to the City for right ofway purchased in an amount not to exceed 80 percent (80%) ofthe
cost ofthe right ofway purchased in accordance with the terms and provisions of this agreement Reimbursement will be in the amount not to exceed 80 U%}O;the State's predetermined value
ofeaeh parcel.' or 􀁴􀁨􀁾􀀠net cost thereof, 􀁷􀁾the lesser amount. In addition, reimbursement will be made to the City for necessary na\mte:nts appraisers, expenses incurred in order
to assure good title to propert,y acquired, associated with the relocation ofdisplaced persons and perSonal property, as idelO,tal expenses. Reimbursement shall not exceed 80 . percent
(80010) ofsuch documented Ifcondemnation is necessat)' and title is taken as set forth herein under the section ·Condemnation: participation by the State shall be based on the final
judgement, COlldiltiofled upon the State having been notified in writing pri,or to the filing ofsuch suit, and 􀁵􀀬􀁾􀁴 notice being given as to all action taken therein. . 􀁾􀁾􀁾􀀠
. 9. Utility Adjustments/Relocations Ifthe required right ofway encroaches upon existing 􀁵􀁴􀁩􀁾􀁴􀁩􀁉􀀢;the proposed construction requires the adjustment, removal or relocation ch
utility facilities, the City and its con. sultant wil.l establish the necessary utility work and notify the appropriate utility company to schedule their adjustments. The City shall
be responsible for all costs associated with the adjustment, removal or relocation ofsuch utility facilities. and such adjustment, removal or relocation shall be in accordance with applicable
State law, regulations. policies and procedures. In tbe event additional utilities are required to be LiJ;:111 Agt!ltc), 􀁇􀁬􀁩􀀻􀁤􀁥􀀯􀀻􀁉􀁬􀁾􀀡􀁩􀀠 1/-9 IO!,}7 
: Section!1 eligible for reimbursemenl at an amount not to exceed 80 percent (80%) ofthe actual cost. The City shall comply with the cost principles established in OMB Circular A-8V.
"Cost Principles for State and Local Governments.· 13. Construction Responsibilities A. The aeresponsible for the construction ofthe Project. Actual '. consulAau be performed by contract
awarded by 􀁣􀁯􀁭􀁰􀁥􀁴􀁩􀁴􀁩􀁶􀁾􀀠bidding. The City shall comply with the applicable regulations and requirements established in 23 CFR Part 635, A. C and D. The City shall develop
written , " ures for the State's review and approval. The City. Shall not initiate the bidding process until approval ofthe procedures has been , obtained from the State andAofAuthority"
has been issued by the Federal Highway Administration. ,. construction con B. In accordance with the fe!luirements es.!ablished in 23 CFR Part 633, Subpart A, the City shall include
the latest version 􀀰􀁬􀁾FHWA· I273 in the contract bidding documents. The required contract provisions contained in Form FHWA'273 "'"'."p,y..􀀢􀀧􀀭􀀬􀀮􀀮􀀮􀀮􀀮􀀢􀀮􀀬􀁾 􀀮􀀧􀁾􀁲 =""......
. organization and to all work performed on the con y piecework., station work or by subcontract. The prime contractor shall be responsible for compliance by any subcontractor or 10,wer
tier subcontractor with the requirements contained in the provisions ofFormFHW A-1273. C. Any change orders. supplemental 'agreements or additional. work orders which may become necessary
subsequent to the award of the construction conlract shall be 1I-1l /Q/97 
􀀭􀁾􀀠I , Project Agreement Section 11 the responsibill&y of the city and subject to the approval orthe State. The City will provide or cause to be provided the inspection and testing
services as may be required to ensure that the constmction ofthe Project is accomplished in 􀁡􀁣􀁣􀁯􀁲􀁤􀁡􀁮􀁾􀁥 􀁾􀁰􀁰􀁲􀁏􀁖􀁥􀁤􀀠constmction plans. The state may enter the Project
site to peY7diCreviews during construction. , , D. The City shall submit to the State all documentation relating to the actual costs incurred associated IYnstmctionand constmction management
of the 􀁐􀁾􀁾􀁾􀁴􀀮􀀠Reasonable.ft..urred by the City after the City has obtained written : " .authorization from the State will be eligible for reimbursement at an amount not. to eXceed
eighty percent (80%) ofthe tual costs. The State will make payment to the City within thirty (30) days ipt ofthe request, provided the req uest for reimbursement is properly prepared
and documented. The State will withhold five 􀁾􀁲􀁣􀁥􀁮􀁾􀀠(5%) 􀁾􀁥􀁴􀁡􀁩􀁮􀁡􀁾􀁥􀀠􀁦􀁲􀁯􀁾 􀁾􀁨 􀁾􀁩􀁭􀁾􀁴 payment 􀁭􀁩􀁤􀁾 to the City. E. The City will provide written notification
to 􀁴􀁁􀀮􀁾􀀠􀁾􀁴􀁥 upon comple,tlon orthe . ., Project. The State will perform an audit ofcosts associated with the Project and funds due to the City, including funds withheld in 􀁲􀁥􀁴􀁡􀁩􀁾􀁬􀁾􀁢�
� promptly retumed.. The State will perfonn a final inspection and, ir.IProject is acceptable, the State will issue the City ,a "Notification ofFinal Completion: acknowledging that the
ProjeCt has been completed 􀁡􀁾􀁤 alllinancial 􀁣􀁯􀁭􀁭􀁩􀁾􀁥􀁮􀁴􀁳􀀠have been performed. 14. Project Funding Uteo! Age"",)' Gui"elincs 11-0 10197 
,. amount is based on t (l%) ofthe estimated engineering costs. The fundS will be utilized by the State to review the engineering and right-of-way Project Acr4!ement Sutionll A. . The
estimated cOst 􀁯􀁦􀁴􀁨􀁾􀁐􀁲􀁯􀁪􀁥􀁣􀁴􀀠is $500,000.00 . .B. The State will be responsible for securing the federal share ofthe funding required for the development and construction
ofthe 􀁾􀁲􀁯􀁪􀁥􀁣􀁴􀀮􀀠an amount not to exceed $400,000 or 80 percent (80%) ofthe total COS! to complete the Project, whichever cost is 􀁉􀁾􀀮􀀠The City will be responsible 'for the
non-fedend participation costs 􀁡􀁳􀁳􀁃􀁘􀀺􀁩􀁡􀁴􀁾􀁄􀁰􀁲􀁯􀁪􀁥􀁣􀁴􀀠 . . . . .' C. Upon execution ofthis agreement, the City will remit a check orwammt made ent ofTransportalion in
the amount 0[$500. This 􀁤􀁯􀁣􀁵􀁲􀁮􀁥􀁮􀁾􀁴􀁩􀁯􀁮􀀠and perform other Tistrative services prior to letting the construction contract. a D. Sixty (60) days prior to the date set for reCeipt
ofthe construction bids, the State will notifY the City that the State's 􀁮􀁯􀁮􀀭􀁦􀁥􀁤􀁾􀁰􀁡􀁲􀁴􀁩􀁆􀁩􀁰􀁡􀁴􀁩􀁮􀁧􀀠administrative costs associated with the construction for the 􀁰􀁲􀁯􀁾􀁲􀁥􀁱􀁕􀁩􀁲
􀁥􀁤􀀮􀀠The City shall remit a check or warrant in the amount established by the State within thirty (30) days from receipt ofthe State's written notificatioiJ to the 􀁡􀁤􀁾􀁤􀁥􀁤 herein.
E. In the eventthe State determines that additional funding iT.uired by the City at any time during the development and construction of the Project, the State will notifY the City in
writing ofthe additional amount. The City will make payment to the State within thiny (30) days froin receipt ofthe State's notification. Upon completion of the Project. the State will'
perfonn an audit oCthe costs. and any toCD/AGenc), Guidclinl!£ 11·1" /0/97 
·MemorQ'1dum 􀀯􀀮􀁨􀀮􀁾􀂷 -&. ;.. l'1tdera[ Highway . 􀁆􀁅􀀺􀀭􀀺􀂷􀀭􀁾􀁺 Administration 􀁕􀀺􀁚􀀭􀀺􀀺􀁾􀁩􀁊􀀮􀀠 5""",0" INFORMATION: State Highway Oversight of Oate: JllJS J 3 1997 􀁅􀁅􀁾􀁟􀀠􀁾􀁾􀁾􀁾�
�􀀠 Locally Administered Federal-Aid Projects 􀁉􀀫􀀮􀀭􀁾􀀺􀀮􀀮􀀮􀀠......r-:-.-'-,-􀁆􀀬􀁯􀁭􀁾􀁩􀁲􀁥􀁣􀁴􀁯􀁲􀀮􀀠Office 􀁯􀁦􀁅􀁮􀁧􀁩􀁮􀁾􀁲􀁩􀁮􀁧􀀠 Reofy 10 HNG-IO 􀁒􀀮􀀽􀀺􀀽􀀭.. 􀁾-= Alln
01: " r;;--.􀁾..-.. 􀁣􀀮􀀮􀀮􀀺􀁾􀀪􀀮􀀭􀀫􀂭 To. Regional Administrators f. L'--1/-+-:----'=: During 􀁪􀁵􀁾􀁥􀀠1994, the FHWA's Office ofProgram Review (now the Office 􀁏􀁦􀁐􀁾􀁧􀁲􀁡􀁭
􀁑􀁕􀁭􀁾􀀭􀂷􀁾􀂭 Coordination) issued a report titled "State Highway Agency Oversight ofLocally Administ "5 -I F.A. Projects. ': The report was issued to the Regional and Division Administrators
by memorandum 􀁤􀀮􀁾􀁴􀁥􀁤􀀠September 28. 1994, from then-Executive Director E. Dean Carlson. The trimsmittirig memorandum asked the division offices to review the report recommendations
and take 􀁴􀁨􀁾􀀠lead in providing technical assistance to the States to improve the quality oflocally administered J"ede.raI-aid highway projects. Shortly thereafter. due to questions
from the field offices. a May 2, 1995, memorandum from then-Director, Office of Engineering William A Weseman, was issued to the Regional Admirustrators on this same topic. The memorandum
emphasized that States can delegate authority to local public entities for administering Federal-aid highway projects, however. the States cannot delegate. and must maintain. responsibility
for the program. It further emphasized that States should not delegate authority to local entities beyond their capabilities, as determined and continually monitored by the State. Copies
ofboth the June 1994 report and the May 1995 memorandum are available from the Office ofProgram Quality Coordination .. We are aware that local public agencies are administering large
portions of the Federal-aid highway program in several States. Questions continue to come in from the field to the Office of Engineering regarding the extent that that States can delegate
authority to local entities for the Federal-aid highway program. The FHWA 􀁦􀁩􀁥􀁬􀁾􀀠offices and the States should continue to be guided by the operating philosophy documented in the
May 2 memorandum as referenced and summarized above. Several areas where the States'must continue to maintain a strons.presence and involvement on delegated projects include satisfying
NEPA requirements and ensuring that either AASHTO or Slate approved design stanllards are used for non-NHS Federal.-aid highway projects. As an example. a State could review local public
entity design standards and approve them for use by that entity for administering Federal-aid highway projects. The local entity, if delegated full aUlhonty by the State for administering
the program, could then implement projects utilizing their standards. including the approval of design exceptions when properly 'justified and documented. 
l; \' .. 2 Another example is a 􀁓􀁴􀁾􀁴􀁥􀀠developing procedures that allow transpon:ation enhancement activity (TEA) projects to be locally administered. Since the.vast majority ofTEA
projects do not involve· . highway design standards, standards or concepts for the non-highway related TEA projects could be more at local discretion. ifacceptable to the State. ·This
approach stteamlines program delivery for this unique group ofprojects through delegation ofauthority by the State to the locals, with the State maintaining responsibility for the TEA
program. As recorrunended in the June 1994, Office ofProgram Review report., States delegating authority to local public entities must develop an oversight mechanism to evaluate the
overall adequacy ofthe locally administered Federal-aid programs, 􀁩􀁮􀁣􀁬􀁵􀁾 the quality ofthe transportation products produced. The division offices should work cooperatively with
the States .to. enSure the quality oflocally administered ·programs. Delegation ofauthority by the States to local public entities for administering portions ofthe States' Federal-aid
highway program can be extremely effective in ensuring an overall quality Federal·aid bighway program in the State. However, .the entire Federal·aid highway program remains the reSponsibility
ofthe State, and continual monitoring ofdelegated programs is essentiai. For StateS having very successful or "modeln delegated programs, we ask that details of the programs be furnished
to the FHWA's Office ofEngineering (lING-tO), so the program details can be shared with other State and local governments. Donald P. Steinke 
􀀮􀁾 .k .􀁡􀀮􀁾􀀧􀀠 <I' . Proiect AGreement Section II ronds due the <::ity will be promptly rerumed. 15. Maintenance Upon completion ofthe Project, the City will assume responsibility
for maintenance ofthe hike and bike trail . . '16. Ownership !If Documents '.. u;., rompI&"OOof<hi, _.11􀁤􀁾􀀮􀁰􀀢􀀢􀀢􀀢􀁢􀁹 "" 􀀬􀀬􀁾􀀠 shall remain the property ofthe City. All documents
prepared by the State shall remain 􀁴􀁨􀁾􀀠prope:ty of the StatRprepared under this agreement shall be made available to the State without res G r limitation on their further use. .
-. 17. Termination A. ..... ...-'" 􀁾􀁹 be''"'''Amoy of"" fi>lbwiog """'..􀁾􀀠 (I) By mutual written agr . t and consent ofboth parties. -", , . " (2) By either pal'o/. upon failure
of the other party to fulfill the obligation as set . forth herein. 􀁾􀀠 B. Tennination ofthis agreement shall extij,' all rights, duties. obligations and liabilities ofthe State and
City under this agreement ffthe potentiallennination or this agreement is due to the failure ofthe City to tq1firrntraclual.obligations as set forth herein. the State will notify the
City that 􀁰􀁬􀁩􀁢􀁬􀁾 breach of􀁣􀁯􀁮􀁾􀁣􀁴􀀠 has occurred. The City should make every effort to remedy the breach as outlined by the State within a period murually agreed upon by both
parties, C. Violation or breach ofcontract terms shall be grounds for.tennination of the agreement. and any increased costs arising from the defaulting party. breach 0 r 
: 􀁐􀁲􀁯􀁪􀁥􀁾 Acuement Section II contract or violation ofagreement terms shall be paid by the defaulting party. 18. . Remedies This agreement shall not be considered as specifYing
the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availec! ofby either party to this agreement and shall be cumulative. 19. 􀁁􀁃􀁫􀁮􀁏􀁗􀁬􀁥􀁤􀁧􀁭�
�􀁮􀁾􀁯􀁮􀁓􀁩􀁢􀁬􀁬􀁩􀁴􀁩􀁥􀁳􀀠 . 􀁾􀁾 City acknowUtit is not an agent or servant of the State and is therefore resp0l!sib!e for its own acts and deeds and for those ofits agents, contractors
or , 􀁾􀁭􀁰􀁬􀁯􀁾􀁥􀁥􀁳􀀠during performanBwort authorized in this agreement. 20. Amendments 􀁾􀀠 Any changes in the time frame, character, agieement provisions or obligations ofthe parties
hereto shall be enacted by wrltte7tentexecuted by both the City and the State. . 21. Compliance with Laws "«''''''''''' The City shall comply with all federal, state and I .. ;statutes,
ordinances, rules and regulations. and the orders and decreesofany cou . :.:.administrative bodies or tribunals in any manner affecting the performance ofthe agreement. When required,
the City shall furnish the State with satisfactory proofofcompliance therewithT . :I! 22. Legal Construction· . . . In case one or more ofthe provisions contained in this agreement shall
for any reason be held invalid. iUegal or unenforceable in any.respect, such invalidity. illegality or unenforceabilily shall not affect any otller provisions hereofand this agreement
shall be IAtal Agcnq· GlliJelillc.... 1/-/6 /(1197 
,,0-..: ,L.: 􀀬􀀦􀁾􀀧􀀠 ... 􀁾􀀠ProjectAgrument SeC/ion II . construed as ifsuch invalid, illegal ,or unenforceable provision had never been conlained herein. 23. Notices . A" 􀀬􀀬􀁾􀀽􀁾by
"'"."""""',...........􀀢􀁟􀁾,"" .."'...... personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addn . . : State:' T.ft..anment
ofTransportation 2"'09 W. Front St. P.O. Box 2031 4 Tyler, TX 7ft.. Attn: Bill Douglas. P.E. -Project Engineer City: The City ofJones, Tx 101 Main St. F Jones, TX 75555 Attn: Sam Drucker,
P.E. -City 􀁅􀁾􀁩􀀢􀀢􀁉􀁴􀀠 All notices shall be deemed given on the date so delivered 􀁯􀁾􀁉􀁤􀁥􀁰􀁯􀁳􀁩􀁴􀁥􀁤􀀠in the mail, unless otherwise provided herein. Either party hereto may
change the above address by sending written notice ofsuch challge to the other in the manner provided herein. 24. Sole Agreement This agreement constilutes the sole and only agreement
between the parties hereto and supersedes any prior understandings or written or oral agreemerits TCSp{:cting the within subject matter. LoCllIA.1(""C)' Ghiddi""" 1/-/7 /0197
Section II 25. Inspection of BOl!ks and R«ords The State will, for purpose .of temiination ofthe agreement prior to completion, examine the books and records ofthe City for the purpose
ofchecking the amount of work performed by the time ofoonttact termination. The City shall maintain all books, doc'umc:ni accounting records and other documentation relating to cqsts
. incurred under agreement, and shall make sucb materials available to the State, Federal Highway 􀁁􀁤􀁭􀁩􀁮􀁩􀁾A) or their duly authorized representatives for 􀁲􀁥􀁶􀁩􀁾􀁾􀀠􀁾􀁤 inspection
at itsttng the oonttact period and for three (3) years from "t,h. e date of final acceptance of the work derIDed under this contract, or until pending ' II......' M ....􀁾__􀁾􀀧􀁾􀀢􀀮
,,, 􀁓􀁾... FHWA"'" """" authorized representatives shall have . all recorda of the City which are directly . applicable to this agreement for the purpose ofmaking audits. examinations.
excerpts and transcriptions. . . lI";i, 26. Procurement and Property Management 􀁓􀁴􀁡􀁮􀁤􀁴􀁾􀀠 The City shall adhere to the procurement standarda established in Title 49 CFR Part 18.36
and the property management standards established in Title 􀁾􀁲􀀧rt 18.32. '. 27. Civil Rigbts Compliance , . . -The City shall comply with the regulations ofthe Department ofTransportation
as they relate to nondiscrimination, (49 CFR 21 and 23 CFR 710.405 (8)); also Execuiive Order , . 11246 titled "Equal Employment Opponunity: as amended by Executive Order 11375 and as
supplemented in the Depanment or Labor regulations (41 CPR'6<!), Lncill Agcnc)' Guidelillcs /1-/8 . 10/97 
29. Debarment The City is , Project AGreement S/!CtiDn II l8. Disadvantaged Business Enterprise Program Requirements The City shall comply with the "Disadvantaged Business Enterprise
Program Requirements" established in 49 CFR Part 23, Subpal1 D. making any award at imy tier to any party which is debarred or rotherwi!le excluded from or ineligible for participation
in federal assistance programs under ExeCUligr 12549, Debatment and Suspension. The City shall requite' any party to a su _ --ct or purchase order awarded under this contract as -.'
..1l spli¢ified in Title 49 ofthe Code of-Federal Regillation, Part 29 (Debarment and Suspension) 􀁾 certifY its 􀁥􀁬􀁩􀁧􀁩􀁢􀁩􀁬􀁩􀁾􀀠to &ve federal funds and, when requested by the
State. to furnIsh a copy ofthe certlT-, _ 􀀺􀁾􀀡􀀠TESTIMONY HEREOF, the parties hereto have 􀁣􀁡􀁵􀁳􀁥􀁤􀁾􀀭􀁥􀁳􀁥􀀠presents to be executed in utiplicale counterparts. 􀁊􀁾􀀭 -"0(.",
""'''''. { -:!!i'f ... 'w Lnco/AJ:cllt'y 􀁇􀁵􀁩􀁤􀁣􀁬􀁩􀁬􀁬􀁾􀀠 , 11·19 10/97 
: Section II . ruB CITY OF JUAB By: Typed Name Date Attest: THE STATE OF TEXAS .F Executed for the Executive Director and approved by the Texas TransPortation Commission under the authority
of Minute Order No. 100002 and the Stand Alone Manual Notice 95-4. for the purpose and effect ofactivating anJir:f" out the orders. established policies or work programs heretofore approved
by the ' Transportation Commission. . By: (Name ofDistrict Engineer) Date LOf:l1l Agell9' 􀁇􀁴􀁬􀁩􀁤􀁣􀁊􀁩􀁬􀁴􀁾􀀠 II-](J /0/97 
Section III Environmental Considerations 
Environmental Considerations SectiDnIl1 • Significant impact on properties protected by Section 4(f) ofthe DOT Act or Section 106 ofthe National Historic Preservation Act; or Inconsistencies
with any federal; State or local law, requirement or administrative determination relating to the environmental aspects ofthe action. • Class III, NEPA -Environmental Assessment (EA)
For actions in which the significance ofthe impact on the environment is not clearly established, an EA is prepared to determine the extent ofenvironmental impact and to determine whether
an EIS is needed. No BIS is required when the EA supports a NEPA Filjding ofNo Significant Impact (FONSI). . Procedures for Class I Projects • Notice oflntent. After FHWA authorization
ofpreliminary engineering funds, the local agency-prepares a Notice of Intent for publication in the Federal Register advising federal, state and loCal agencies that an BIS will be prepared.
The contents and guidelines for preparation ofthe notice are found in FHWA Notice N 6640.19 ofMarch 24, 1980. The notice is submitted to the Design Office, which submits it to the federallcad
agency for placement in the Federal Register. • Environmental Impact Statement (EI;5) Document is prepared by local agency perwnnel or by a consultant Preparation time varies; however,
preparation time can be quite extensive. Actions requiring EIS involve individual or cumulative social. economic or environmental impacts that are considered significant. Document should
be analytical. not encyclopedic. (I) Alternatives must be considered, including location. design, transit and nobuild alternatives. (2) BIS projects should consider and address impacts
to the extent of the significance ofthe impllCt For example, ifa project has a significant impact in the area ofnoise and none in the area of farmlands, then the EIS should address the
noise issue more extensively. (3) BIS projects should be carefully prepared with coverage ofall issues. All analyses sh6uld be on paper and everything should be documented, particularly
alternative analyses. The administrative record is critical. In accordance with 23CFR17I , any agency with jurisdiction bY,law must be requested to be a cooperating agency. Agencies
exercising their jurisdictional authority can prevent a highway project from advancing if they do not agree that thc environmental impacts and jurisdictional responsibilities have been
adequately 111·6 . /0/97 
Environmental Considerations Section III addressed. The Environmental Affairs Oivision (ENv) is responsible for review and processing ofthe OEIS. Review time varies. The OEIS is reviewed
by environmental specialists in multiple disciplines. OEIS is sent to FHWA for review. FHW􀁾 approves the DEIS for circulation. During the circulation period, public involvement (nonnally
a public hearing) is accomplished.. OEIS is circulated to otheragencies and made available to the public for review and comment. Publish notice ofDEIS availability. Comments on OEIS
are due 45 days from date notice is published.. 'T,h e local agency schedules public hearing or affords opportunity for hearing. : ". Local agency prepares FEIS, public hearing transcript,
SWDIIllI1)' and analysis, and ..public in vol vement certification and submits to the local TxDOT district office for initial review and lransmittal to ENV for final review. This documentation
is lransmitted to FHWA. FHW A division office reviews and forwards FEIS, including legal sufficiency review, to FHWA Regional Office. FHWA Regional Office approves FEIS. Publish notice
ofFEIS availability in Federal Register or Texas Register. FHW A Regional Office signs Record ofOecision (ROO) 30 days after FEIS availability notice IIPpears in Federal Register. Procedures
for Class DI Projects • Environmental Assessment (EA) The local agency will be responsible for preparing the EA. During ,preliminary'engineering and environmental investigations/analyses,
district consults as necessary with local governmental officials, EN V, county historic committee chairperson, local citizens, groups, pennitting agencies, etc. ENV is responsible for
the review: approximately 2 weeks. Copies ofthe EA are provided to all environ1l1ental specialists ror concurrent review. Local Agellcy Gufdl'iille.< 111-7 10/97 
Bnvironmental ConsideN1tions Section III Some 'level ofcoordination with'resource agencies is requiTed; level ofcoordination depends on project impacts. Depending on the'complexity ofthe
project, coordination with more than one resource agency may be required. Coordination should be initiated during scoping or during the early stages ofpreparing the EA. Early/concurrent
coordination may prevent delays in proceeding with project development Projects require at least affording the opportunity for a public hearing. Public meetings and/or a public hearing
may be required. Level ofpublic involvement necessary should become evident during the development ofthe project and:SA. GeometIjc design and EA 'should be approved for further processing
Qefore publishing the notice affording ·oP.portunity for public hearing or the public hearing notice. 􀁐􀁲􀁯􀁣􀁥􀁤􀁵􀁲􀁥􀁳􀀮􀁦􀁯􀁾􀀮􀁃􀁬􀁡􀁳􀁳􀀠II Projects • Categorical Exclusion (CE)
The 􀁉􀁾 agency will be responsible for preparing the CE. During preliminary engineering and enviroiunental investigations/analyses, district consults as necessary with local governmental
officials, ENV, county historic committee cbairperi;on, local citizens, groups, permitting agencies, etc. ENV is responsible for the review: approximately 2 weeks. Copies ofthe CE document
are provided to all environmental specialists for concurrent review. . Environmental documents should be prepared so that environmental issues can be treated on a sufficiently broad
scope to ensure that the project wiII function properly without requiring additional improvements elsewhere, and the project will not restrict consideration ofalternatives for other
reasonably foreseeable transportation improvements. Due to funding constraints and construction considerations (such as traffic control), projects may be Constructed in phases. As long
as construction activity has continuously taken place for the described project, an environmental reevaluation is not required. Important considerations in environmental analysis • Environmental
Justice On February 11. 1994. President Clinton signed Executive Order 12898: Federal Actions to AddresS Environmental Justice in Minority Populations and Low-Income Populations. The
goal ofthe Order is to identify and address disproporiionately high and adverse huinan health or environmental effects ofeach Federal agency's programs, policies., and activities on
minority and low-income populations. LocalAgmcy Gllit/c/illett' 111-8 , /0197, 
..􀁾􀀠 , Environmental Considerations Secti(Jn III + Public Meetings arid Public Hearings The local agency may wish to consider holding public meetings early in the project planning
process for controversial projects or those projects which may have negative environmental impacts. + Logical project termini In order to ensure meaningful evaluation ofalternatives
IUld to avoid commitments to transportation impro'l(ements before they are fully evaluated: • Connect logieal termini and be ofsufficient length to address environmental matters on a
broad scope; • Be usable and be a reasonable expenditure, even ifno additional transportation iD:lprovements in the area are made; and • Not restrict consideration ofaltematives for
other reasonably foreseeable ; . transportation improvements. Defmition oflogical tennini: • RiltionaJ end points for a transportation improvement, and • Rational end points to prevent
a highway improvement from forcing further improvements which may have negative consequences not addressed in the environmental study. + Alternatives analysis and discussion EA: Discuss
alternatives to the proposed action, including .the no-build alternative. The EA does not need to evaluate in detail all reasonable alternatives for the project. EA may be prepared for
one or more build alternatives. Avoidance alternatives . must be evaluated ifEA includes a Section 4(1) evilIuation. EIS: Reasonable alternatives should be presented and evaluated in
detail. Where there is a large number ofaltematives, only a representative number ofthe most reasonable examples.covering the full range ofalternatives must be presented. All reasonable
alternatives under consideration, including the no-build, need to be developed to a comparable level·of detail so their comparative merits may be evaluated. Discuss how and why the reasonable
alternatives were selected for detailed study and explain why other alternatives wcre not selected. When idcntilying a preferred allernative, discuss the basis for its selection. ; LoCJ1t
Agc"t')' Gllidetillc. .. III-V IO!,}? 
Set:t;ON IV Right of Way . Guidelines Guidelines for local agency acquisition ofright ofway for public purposes can be located in the Texas Department ofTransportation (TxDOn Real Estate
Acquisition GuidefQr LoCllI Public Agencies. July 1993. Additional information may be obtained from TxDOT Right ofWay Manuals I and II. Appraisal and Review Mamml and Utility Manual.
TxDOT Right of Way pe!SOnnel shall be consulted for answers to specific questions and problems .. 􀁕􀁴􀁩􀁬􀁩􀁾􀁥􀁳􀀠 Any utilities required to be adjusted or n:1ocated as a resultofthe project must comply with the local agency's utility policy on or offstate numbered routes. Ifthere is no local utility policy or th!l project is on a state numbered route, then
the TxDOT utility policy will be used. ,.., Relocation Assistance The rights and entitlements offamilies and businesses displaced by projects involving federal-aid are mandated by Title
II ofthe Uniform Relocation Assistance and Real Property Acqnisition Policies Act of 1970. Local Ag"ncy ncy Guidelines IV·I 10197
:: : Section V Design General, Discussion This section covers the design phase ofth!l following types ofprojects on non-numbered federal participation eligible roadways: Congestion Mitigation
and Air Quality (CMAQ) , Metropolitan Mobility (STP-MM) Transportation Enhancement (TE) Uxban Mobility (STP-UM) Off-System Bridge Replacement and Rehabilitation The Texas Department
ofTransportation (TxOOT) is the contact agency for the Federal Highway Administration (FHWA) and has been charged with the responsibility offunds administration and construction oversight
for the above listed projects. All entities using federal transportation funds must comply with the requirements ofTitle 23 ofthe Federal Aid Policy Guide. FaUure to comply with the
provisions ofTitle 23 constitute reasons for withdrawal ofparticipation by FHWA and a return ofpreviously paid funds. The oversight agreement and FHW A policies designate the approving
agencY for each phase ofa project, including design. The approving agencY identified for the various phases ofwork is mustrated in the following chart. ' Action Approving Agency a. PE
fundautn. andmodif. F* b. Design standards S c. ' Pavement design S d. Exceptions (0 design standards S e. PS&E approval , S f. Buy America exemption F g., Consultant seleetion process
S P=FHWA S=rxDOT .• CautIon: A 􀁉􀁁􀁕􀁾􀁲 orAuCho;b....lon (LOA. mUlt be (HUM by «he FHWA prior 10 􀁡􀁾􀀱􀀠PS&.E work being p«rformc:d. Work performed Mfon the d..􀁴􀁾 ofautboriulion
II not elig,ible for mmhunemehl. Local Agcnc)J Guidelines 10187
.. ;r;: -t;'; ", Section V Design 
Design· Scction V Plan Preparation Preparation by StatelLocal Forces By mutual agreement between TxDOT and the local agency, TxDOT may prepare the piims and specifications ifresourees
are available. Local agencies may also prepare the plans and specifications with their in-house staff and be reimbursed fur eligible costs ifa LOA is obtained . prior to the work taking
place. . Preparation by Consultants Plans and specifications may be prepared by consultants. To be eligible for the federal reimbursement for payments to a consultant, the procedures
outlined in Title 23 CFR Section 172 must bC f9110wOd. Specific questions regarding policy and the selection process approval can be directed wthe local TxDOT district office. Consultant
selection process approval most be obtained befure requests for proposals are issued or any expenditures are made. Expenditures made before process approval are not eligible for reimbursement
Ifa local agency elects to retain the consultant at its own cost, the provisions ofstate and local law will apply. Design Standards On all FHWA-funded transportation projects, local
agencies must document location and design approval prior to preparation ofplans, specifications and estimates. A project design shall not be approved until the project's environmental
considerations have been approved by FHWA and its public hearing requirements have been met. . . . Geometric requirements for CMAQ. STP-MM and STP-UM projects shall be to minimum 1994
American AssociatiqD ofState Highway Transportation Officials (AASHTO) standards .. Consideration must be given to the projected Average Daily Traffic (ADT). The design year may be any
year between 8 and 20 years from estimated construction completion. All roadway design elements must be considered in the preparation ofdesign criteria for a project The local TxDOT
office should be consulted in the use of ADTs: l.ocQI Agenc)' Gu'dd'"tl1l V-I 10187 ·' 
Design Section V A ty,pical section shall be provided to TxDOT for approval for each general type ofroadway in the project This is not required on signal projects iftlie lane description
has been shown. To be eligible for federal funding, pavement depth shall be designed to provide an extended service life ofeight years minimum. Documentation must be available upon request
thai outlines the design parameters and rationale for selection ofpavement type and surfacing depth. Design requirements for transportation enhancement projects shall be based onthe
parameters included in the authorization for each project Where applicable: Landscape architectural requirements shall be in accordance with the 1991 AASHTO Guide f,o r Transportation
Landscape and Environmental Design. Architectural requirements for historic buildings shall be in accordance with the U.S•. Depiu:tment ofthe Interiors Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings and in consultation with the State Historic Preservation Officer. Bicycle and pedestrian requirements shall be in accordance with the
AASHTO Guide for Development ofBicycle and Pedestrian Facilities. PS&E Requirements After a project's location and design parameters have been approved, preparation of plans, specifications
and cOS! estimates may begin. On projects to be let to contract by TxDOT, the PS&E shall be in a fonnat approved by TxDOT. On projects let to contract by local agencies. the PS&E may
be in a fonnat normally used by the local agency. On locally let projects, the following must be included in the proposal for bids: • Form FHWA-IZ73. Each set ofcontract documents shall
include Fonn fI:IWA -1273, Required Contract Provisions, FHWA Construction Contracts, and such amendments that modify the FHWA 􀀱􀁾􀀷􀀳􀀮􀀠Copies ofthis form are available at the TxDOT
district office. • Federal Wage Rates. This data is 􀁲􀁥􀁣􀁥􀁩􀁾􀀠from the U.S. 􀁄􀁥􀁰􀁡􀁲􀁴􀁾􀁥􀁮􀁴􀀠of Labor (USDOL) in a document entitled General Wage Determinations issued Under
the DavisBacon and Related Acts. MOdifications are issued weekly by USDOL. The effecti,ve date Local􀁁􀁧􀁥􀁮􀁣􀁾􀀬􀀧􀀠Guidc/iltt!.o; V-J '. 10187 
Design Section Y . .. for federal wage rates is the datlfofnotice in the Federal Register or the date on which '. written notice is received by T.x DOT, whicheve.r occurs first. Prior
to bid opening, the local agency may contact USDOL to see ifa modification has been issued or ifone.is pending. • DBE. It is U.S. Department ofTransportation (USDOT) policy that Disadvantaged
Business EntCiprises (DBBs) (defined in 49CFR, Part 23) have maximum opportunity to participate in the performance offederally financed contracts or subcontracts. To accomplish this
goal, all local agencieS and their contractors must take steps to ensure that DBJis are encouraged to compete for construction contracts, procurement contracts, grants, services, financial
aid or other benefits, and that DBE's have full access to these opportunities. When participating in programs funded in whole or in part with funds made available by TxDDT, 'a local
agency shall comply with TxDOT's DBE plan or develop a plan that conforms to the requirements requirements ofUSDOT. Such an equivalent plan must be approved by TxDOl:. After a goal has
been determined, the TxDOT Special Provision -Disadvantaged Business Enterprise in Federal-Aid Constructionw ora TxDOT-approved local agency provision shall be included in the PS&E.
Compliance reviews will be conducted on the administration ofthe DBE plan. A local agency found to be in noncompliance may lose its federal funds and its ability to let contracts on'
a local basis. A finding ofnoncompliance will result when a local agency fails to ensure compliance of its contractor with the DBE requirements, or fails to take remedial action at the
request ofTxDOT or FHWA. • Affirmative Action. To effectively ensure Equal Employment Opportunity (EEO), FHW A policy requires that all federal-aid highway construction contracts include
a specific requirement to implement the .Title VI program, related civil rights laws and regulations. These specific requirements apply to contractors and all their subcontractors holding
subcontracts ofSlO,OOO or more. To be eligible for federal-aid funds, the local agency must comply with the civil rights requirements and the requirements of23 CFR 633C. . Along with
FormFHWA -1273, the following TxDOT special provisions or their TxDOT -approved local agency equivalents must be included in the proposal and made LocolAXe"';." Guidelitlt:S 1'4 10187

Section V part of the contract: • Standard Federal Equal Employment Opportunity Construction Contract Specification • Notice ofRequirement for Affirmative Action to Ensure Equal Employment
Opportunity • Certification ofNondiscrimination in Employment Training goals for each federally funded contract must be established by the-iocalligency. The local agency may use TxDOT
-approved training goal fimnulas or obtain approval .from TxDOT for an EEO/On-the-job Training Plan that includes these gOals. PrOject compliance during construction is discussed in
the contract administration section. • Tra6ic Control Plans. Tmffic Control Plans (rep) shall be consistent with Part VI of Texas the Manual on Uniform Traffic Control Devices (MUTCD)
and shall be referenced in the contract documents. • Material Use. Justification for the use oflocal agency-supplied materials must be documented. The materials must have been produced
by lIgency forces oracquired through competitive bidding. . The use oftrade names in specifications and on plans shall be avoided. Instead, specifications should be fonnulated to ensure
filII opportunity for competition among equivalent materials, equipment and methods. References in specifications and on plans to single trade-name materials must be avoided. However,
where satisfactOry specifications based on laboratory tests or other performance requirements cannot be developed or obtained from organizations that develop specifications, approval
must be obtained from TxDOT to include the use ofa tmde name in a contract. Complete requirements for material use can be found in 23 CPR Part 635. . • Pollution Control. All construction
plans for federally filnded contracts shall contain details that comply with the Clean Water AcL A Stonn Water Pollution Prevention Plan (SW3P) must be part ofthe construction plans.
. • Standard Specifications. All FHWA-funded projects, including local agency force projects, will be constructed in conformance with the current TxDOT Standard Specifications for Construction
and Maintenance ofHighways, Streets and Bridges, and any amendments that modil)r these specifications, with the foJlowing exceptions: [.QeDl Agene)' Guidelines V-5 10187 
"Design Section" • A local agency'may use arf-intemally prepared book ofstandard specifications or special specifications, ifapproval is obtained from TxDOT. The American Public Works
Ass9ciation Standard Specifications for Road, Bridge and Municipal Construction and any amendments that modify these specifications may be used in lieu ofTxDOT specificationsor a locally
prepared specification book. . Pmjects involving Jandacape architecture shall include specifications that comply with the 1991 AASHTO Guide for Transportation Landscape and Environmental
Design. + Special Provisions. Special provisions are not covered in the Standard Specifications because they govern matteI'S peculiar to an individual project. Their use should be held
to a minimum and applicable Standard Specifications used instead. Issues mandated in state anc! 􀁦􀁥􀁤􀁥􀁾􀁬􀁬􀁡􀁷􀁳􀀠shall not be changed. Special provisions shal! be submitted to TxDOT
for approval. Special provisions are required: • For all features ofa project not covered 6y 6y the Standard Specifications and General Special Pmvisions. • Where the Standard Specifications
are being amended. • For any deviation from the Standard Specifications regarding materials, construction details, measurement and payment. Agreements A two-party agreement shall be
executed between TxDOT and the local agency that specifies the responsibilities ofeach agency and the conditions for compliance. Lo"al Ace"",, GIlideUnc.< 10187
., .'. ' ,. Section VI Construction Contract Letting Process 
􀀧,!'􀀮-􀁾􀀠 , Censtrudion Centract Letting Process Section VI Construction Contract 􀁾􀁴􀁴􀁩􀁮􀁧 Process ' General Discussion In general, federally funded (FHWA) projects are let to
constmction by the Texas Department of Transportation (TxDOT). This is done for several reasons. The TxDOTstandard and special specifications have been reviewed and approved by FHWA
to be in accordance with federal , regulations and law. Advertising constnlction contracts has also been set up to comply with federal regulations. The documents contained' in the bid
package have been approved as meeting federal 􀁲􀁥􀁾􀁬􀁡􀁴􀁩􀁯􀁮􀁳􀀠and law, and the review ofbids received and concurrence in award are coordinated with FHWA. All ofthis has required
continuous coordination effort between TxDOT and FHW A, an undertaking that has taken many years to reach the current level of confidence. , , Action Approving Agency a. Contract letting
process s b. Bid package (pS&E) s c. Letting· S/L , d. Concurrence in awatd s' S ; TxDOT L; Local Agency Federal Guidelines, Ifa local agency desires to let the contract for construction,
they must comply with all federal reguiations for tnose processes, which are presented in 23 CFR Part 633 and 23 CFR Part 635. The local agency should send a written request to the TxDOT
dislrict office. The district will review the request and 'forward to the Desigu Division. Approval for the local agency to let the project is given by the TxDOT Deputy Executive Director.
Ifthey request and obtain that " 􀁾􀁄􀁰􀁲􀁯􀁶􀁡􀁬􀀠then, they must have their advertising and letting processes reviewed and approved for 'mpliance with federal regulations, law and
any applicable state laws or TxDOT policies by the appropriate TxDOT divisions .. The bid package, including specifications and plans; must be reviewed and approved byTxDOT prior to
advertising the project for bids. A Letter ofAuthority must be issued by TxDOT Local Agency Guide/ille.< 10197 " 
,Construction Contrar:/LettingPr"t:L3S S':Cliorr VI (FHWA) prior to ad'irertising the Ilroject ,The local agency should provide the bid package to the TxDOT district office and allow
a minimum oftwo weeks for their review. The package will be . , sent to Austin for review and Letter ofAuthority. Allow at least 8 weeks prior to the proposed bid opening. Ifproblems
are found it may be longer to resolve the issues. All bids received must then also be reviewed by TxDOT and eoncurrence in award to the lowest bidder or rejection ofall bids must be
given by the Texas Transportation COmmission, or as delegated to TxDOT staff by , Minute Orner. Ifa local agency desires to do any portion ofthe wOrk with their own forces in lieu ofletting
it through eompetitive bids, then a public interest statement muSt be approved by TxDOT as disc?SSed in federal regulations 23 CPR Part 635. SpeCifications, special provisions and special
specifications are discussed in further detail in the section ofthese guidelines pertaining to design. LocaJ agencies desiring to let the eonstruction project must have a Letter ofAuthorization
(rom FHW A prior to advertising the project (or ilids. Ifthis is not Obtained, then tbe project is not eligible for reimbursement offederal funds. A project is generally required to
be advertisedat least three (3) weeks prior to the receipt ofbids. Advertising is discussed in the federal regulations 23 CPR Part 635. In orner to let federally funded projects. local
agencies must submit their letting process for review by TxDOT to be in eompIiance with federal regulations and applicable Slate laws. Federal regulations are contained in 23 CPR Part
635. A local agency's letting process will only need to be reviewed and approvec:t once, unless the proceSs or the federal regulations change. The contract documents and bid package
requirements are discussed in 23 CFR Part 633, 23 CFR Part 635 and FHWA Form 1273. LocaJ agencies thai elect to let projects for construction and meet all requirements must remember
that tqe eontract is between them and the prime contractor. As such, they will be required to pay the contractor for progress payments and bill TxDOT for reimbursement ofeilgible participation.
This is discussed furiber in the Construction Contract Administration section, ofthese guidelines. Local agencies should coorninate closely with the TxDOT district office to ensure that
all requirements are met so'projects remain elij!ible for federal funds reimbumemen!. LoclllAgellC)' Guidelillts 1'1-1 10197 '. 
Section VII Construction Contract Administration 
."k.: . '... .. " d:mstrudlon Contract AdministratiDn &.ail1n Vll Construction Contract Administration This section is to be used by local agencies to administer federal-aid construction
contracts. Complete construction contract requirements can be found in federal regulations 23 eFR Part 635. The following chart illustrates the contract administration and oversight
responsibilities. Action Approving Agency a. Construction fund auth. F b. Changes/extra work SIL c. Claims S d. Project inspections L -. e. Final inspection S r. Final acceptance S F=FHWA
S=TxDOT L =Local Agency General Discussion TxDOT is responsible for proper expenditure ofFHWAfunds on local agency projects. The local TxDOT district office will consult and work with
local agencies as needed and TxDOT's Project Manager will perform systematic project management reviews during the course ofthe project to ensure that proper procedures are followed.
The local agency is responsible for contract administration in compliance with federal contract provisions and contract plans and specifications. Construction shall be in accordance
with contract plans and specifications and with TxDOT governing specifications, with the possible exception oftransportation enhancement projects or other projects where TxDOT may not
have pre-approved specifications as provided in the section on design .. Materials-shall be inspected in accordal1ce with TxDOT's Materials and Test Procedures Manual or with American
Society for Testing and Materials (ASTM) procedures. wcalAgency Guidelin ...< VIl-1 10197
"&-£-Omstnlctum Contract A.dministration Section VII Federal-aid projects are subject 10 EEO and DBE compliance reviews by TxDOT. TxDOT and FHW A officials shall have aCcess to the construction
si,te and records at any time. ' Preconslruction Conference After a contract is awarded,. the local agency should arrange a conference with the contractor 'and shall nolifY the TxDOT
district office ofthe time and place ofthe conference. , A preconstruction conference should be held before each construction phase onJarge, complex projects. ,It may be desirable to
hold separate conferences for some specialized construction items, such,as paving, roadside planting or electrical work. The preconstruction conference may include a partnering session
ifappropriate, and shall include a discussion ofForm FHWA 1273 Required Contract Provisions Federal Aid Construction Contracts. Costs for partnering sessions should be detailed in the
contract specifications. The meeti!lg should be documented and copies ofthe minutes transmitted to the TxDOT district office and each agency, organization and firm involved or interested
in the project. Guidance on preconstruction conferences can be found in the "Area Engineer's and Inspectors' Contract Administration' Handbook." Quality Control The quality ofmaterials
and work on a project must conform to the contract specifications to ensW'e that public funds expended will have purchased a safe, economical and fully functional transportation facility.
' The local agency shall; • approve the source for each type ofmaterial, • ensure that the contractor's material sources comply with the contract specifications. and • provide for independent
assurance 5aII1pling. The local agency has the authority to approve material certifications. Progress Payments Progress payments must be based on measurements ofwork performed so the
contractor can be fairly compensated and public funds will not be expended on work not done. IAco.l A.genC)' Guideline,. 11'11-2 101')7 
Construction Contract Administration Section JIll The local agency shall: • document the quantities paid each month, • process progress estimates on their normal billing cycle, • provide
the contractor with a copy ofthe estimate On a monthly basis for their . information, and • pay the contractor on a monthly basis for 􀁡􀁵􀁴􀁨􀁯􀁾 walk. The local agency should forward
the progress estimate to the locaI1XDOT district office no later than 􀁴􀁨􀁾􀁾􀁩􀁲􀁤􀀠worldng day ofthe following month to expedite reimburwment. Changes and Extra Work Prior to starling
work. the local agency shall have a written policy for approving change orders to ensure that approval, either verbal or written, is given and documented ,. Approval autl:!ority for
change orders and extra wOIk is as follows: • Major-TxDOT • Minor-Local Agency Major and minor change orders and extra woIk are as defined in the Area Engineers' and inspectors' Contract
Administration Handbook. Administrative Settlement Costs Administrative settlement costs are costs related to the defense and settlement ofcontract claims, including. but not limited
to, salaries ofcontracting officers or their authorized representatives, attorneys or rnembers ofarbitration boards and appeal boards, etc., which are allocable to the findings and detennina
tion ofcontract claims. These do not include administrative or overhead costs. FHWA funds may be 'included in administiative settlement costs which are: • Incurred after notice ofclaim.
• Properly supported. • Directly allocable to a speci fic FHWA project. • For employment ofspecialeounsel for review and defense ofcontract claims when LocalAgency Guideline.< 1/11-3
10197 
ConstruClion ContraCl Administration Section VII recommended by tlie local agency's legal counsel and approved in advance by TxDOT. It is essential for the local agency to notify the
TxDOT district office as early in the claim process as possible to be eligible for federal participation. Compliance with 􀁆􀁥􀁾􀁲􀁡􀁬􀀠Contract Provisions FHWA requires that all subcontracts
at any tier be in writing. per 23 CPR. Section 63S.l16(b). This includes contracts between the prime contractor and subcontractors, and between subcontractors and their agents. . Each
ofthese subcontracts also must physically (not by reference) contain: • FHWA fonn 1273 Required Contract Provisions Federal Aid Constroction Contracts. and .' ... ihe minimum wage rates
for the contracL It is the responsibility ofthe local agency to ensure full compliance with all federal contract provisions and specifications. This responsibility shall not be delegated
to another party. Noncompliance can result in nonparticipation by FHWA; Physical Completion ofConstruction The local agency will carty out the following requirements to tenninate the
construction cOntract and ready the project for accepUince by TxDOT and FHW!\: • Notice of Physical Completion. Within 10 calendar days after physical completion ofthe work by the contractor,
tpe local agency shall notify the contractor by letter that constroction is physically complete, and the project is subject to inspection, audit and acceptance by the state. • Final
Inspection. The local agency shall send a request for TxDOT inspection and acceptance to the district office within IS days ofphysical completion ofwork by the contractor. A copy of
the physical completion letter sent to the contractor musi accompany the requeSt. TxDOT will perfonn a final inspections ofthe project. • Final Reports. The construction project is considered
complete when these items have been completed: 1AC4l Agene)' Guidelines VII-4 10/97
\ . ..: Construction Contract AJministrll1ion Section VII , • Final 'Estimate. "A final estimate cannot be approved until all claims against the local agency have been submitte;:l in
writing by the contractor. • Final Records. The local agency must document wode perfonned on the contract. Final records will be reviewed by TxDOT to ensure they document and support
' completion ofthe project in accordance with the approved plans and .. specifications. Documentation consists offield books; inspector's record offield tests; project engineers' and
inspector's diaries; and all invoices, weigh bills, truck measurements, quantity tickets, reccHving repo!'fS. field ofi\ce ledgers, mass diagrams, cross-sections, computer listings and
wode profiles. Photographs or videotapes before, during and after construction could be useful, especially ifcare is taken to show any unusual conditious, equipment or procedures. Final
records shall be retained by the local agency for at least three years from the date ofFHW A final reimbursement. The district office will provide this date to the local agency. • Record
ofMaterial Samples and Tests. Records ofsamples and tests will be retained by the local agency for at least three years after final acceplaUce ofthe project. • Materials Certification.
The intent ofthe materials certification is to ensure that the quality ofall materials used in the project confonn to the plans and specifications, thereby ensuring a service life equivalent
to. the design life. This materials certification shall be completed in accordance with instructions 'provided in Area Engineers' and Inspectors' Contract Administration Handbook.' •
Project Acceptance. TxDOT's approval ofthe final estimate, after a final project inspection and review ofthe final project records by TxDOT, will be considered acceptance ofthe project.
References Area Engineers 'and Inspectors 'Contract Administration Handbook TxDOT Construction Estimate Manual Local Agency Guidelinl!S . VIM 10/97 '. 
.. k:=. . Ol.. Construction Contract Administration Section VII TxDOT Construction Records 10 Support Pay Quantities ofWork Done pn Contract ·.Construction Projects Manual . TxDOT Standard
Specificationsfor Construction andMaintenance o/Highways. Streets and Bridges American Society for Testing andMaterials LoClII Age"c}, Guideline. • VIM 10197
Section VIII Glossary 
Glossary Section VIII Glossary Consultant. A person or organization engaged by a local agency to provide 􀁰􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁾 services in accordance with accepted 􀁰􀁲􀁡􀁣􀁴􀁩􀁾 and
within the lermsofa contract. Roadway design elements. The physical characteristics ofthe highway such as alignment, . grades, widths, sight distance, clearances, bridges and the pavement
structure, including surface texture. lA.at AgenC)' Guitielillt!S Vlll-I 101'}7 
; .. Environmental Considerations SeciJ.on III Environmental <;:onsiderations in Project Development The policy ofthe Texas Department ofTransportation (TxDOn is to preserve and where
practicable enhance our environment. TxDOT's 1992-1998 Strategic Plan, mandated for the first time by the legislature, includes strong environmental considerations in its vision, mission
and goals. Increasing regulatory requirements, greater public awareness and greater demands from policy makers are reasons to address TxDOT impacts on the environment. TxiJOT is committed
to protecting, preserving and enhancing the environment where feasible; however, TxOOT is required by various regulations to follow proper environmental procedures. There are severe
consequences to not fOllowing the proper procedurCs, including project delays, stops, fines and bad publicity. By utilizing proper environmental planning, local agencies and TxDOT will
be able to meet the increasing environmental requirements and concerns, and save tiine..and money by avoiding unnecessary delays. " Regulattons ' • Highway Design Manual. Part 􀁉􀁉􀁾􀁂􀀠
The primary environmental guidance docwnent forTxDOT procedures. Revised in 1989, this manual contains the latest infonnation, including 23CFR 771 and FHWA T-6640.8A. • FHWA Technical
Advisory (T-6640.8A) FHWA issued this guidance materia) which contains infonnation relative to document preparation. • Rivers and Harbors Act of 1899 USCOE began regulating activities
in navigable waters with the Rivers & Harbors Act of 1899. • National Environmental Policy Act (NEPA) of 1969 (42 USC 4321-4347 et seq.) • 1st federally mandated progtam for environmental
documentation • ,Set up the nation's overall environmental policy • Federal agencies must consider environmental issues in full view ofthe public priorto making any ml\ior decisions. ' • Established the agency review process • Requires assessment ofenvironmental impacts on human environment • " Consideration ofaltematives,and mitigation
where feasible" Local AIICIIC)' Guidc/iIlC,< 10/97
--Ai.:. '..' ..' , Environmenttll Considerl1tWns Sl!J:llon111 • Federal Water PoUution Control ActlOean Water Act (CWA) of1972 '(33 USC 1251-1387), as amended ' , To maintain and restore
the chemical, physical and biological integrity ofthe wafers ofthe U.S. The broader jurisdiction under this law includes not only navigable waters, but most waters ofthe country, and
adjacent wetlands. ' • Section 404 Regulatory P,rogram The CEQ established the 404 RegulatoJy Program which made it unlawful to discharge dredged or fill material into waters afthe U.s.
without first receiving authorization from the U.S. Army COlpS ofEngineers. • . Individual 404 permit An activity evaluated on a case by case basis. This process requires public notice,
opportunity for public hearing and a comment period. . General permits ' ,. Minor activities that are similar in nature and cause only minimal environmental impa9ts. Activity andlor
area specific and designed to relieve administrative burdens associated with permit processing for for both applicants and the federal government. Some activities may require coordination
with the USCOE. • Reglonai permits Issued by division or USCOE district engineers on a regional basis. • Programmatic permits Pennit is required out is being coordinated by another federal
agency. • Nationwide permits 40 general pennits issued by USCOE are intended to apply throughout the nation. Designed to allow certain activities to occur with little, ifany, delay or
paperwork. Some nationwide pennits require coordination with USCOE.' • National Pollution Discharge Elimination Control System (NPDES) , 1990 EPA -Section 402, Water Quality Act of 1987
In 1990, EPA published final regulations for the NPDES storm water discharge permits. These new regulations irnpl,ement Sect. 402 ofthe Water Quality Act of 1987.' The purpose of this
legislation is to improve tbe quality ofthe nation's rivers, lakes and streams by reducing pollution from n.onpoint sources. Construction activities greater than 5 acres require a pennit
for for stonn water runoff. • Resource Conservation and Recovery Act of 1976 (RCRA) , Otherwise known as "cradle to grave" legislation. Establ.ished liability for hazardous waste managenlentand
disposal as the generator's responsibility. A[so established a hazardous LoCQ/Agenc)' Guideline .• 1lI-1 10197 
'. Se<:tion III waste tracking sYstem fuiin the generator to lr.IIlSporter to !he treatment, storage or disposal facility. . + Comprehensive Environmental Response, Compensation and
Liabflity Act of 1980 (CERCLA) '" CERCLA involves taking actions in responSe to release ofhazardous substances, pollutants or contaminants. CERCLA legislation imposes liability on cwrent
and past ownelll and operatolll, and !he liability is strict,joint and several. Under CERCLA. a violator is guilty until proven innocenl . Superfund Amendments and Reauthorization Act
of 1986 (SARA) This act extensively amended CERCLA to iDclude a faster pace for cleanup activities nationwide, more public parliltipation and more stringent and clearly defmed cleanup
standards wi!h an erupbasis on achieving remedies that permanently and signifieantly , reduce the mobility, toxicity or volume ofwastes. In order to avoid liability a property owner
must have performed a pteacquisition audit in order to prove "due diligence to determine possible contamination. (See the TxDOT Rool Estate Acquisition Guide/or .LocnI Public Agencies,
July 1993.) + Clean Air Act of1963 (CAA) (42 USC 7401-7626) This act established permanent federal sUpport for air pollution research and provided federal assistance to states for development
ofpollution control agencies. The Clean Air Act Amendments of 1990 are the most recently amended version. This recent velllion set air quality goals that all parts (If the countly are
to meet and set limits for degradation in . already clean areas. These latest amendments to the act placed a heavy burden on the transportation conununity for improving.􀁡􀁩􀁾􀀠quality
in non.,attainment areas. : 'l-: • Endangered Species Act of 1973 (IS USC 1531-1544) This act ensures that any actions authorized, funded or carried out by federal agencies do not jeopardize
the continued existence ofany listed or proposed to be listed endangered or threatened species, or adversely modifY or destroy critical habitat ofsuch species. • . National Historic
PreserVation Act of 1966 TheAc!visory Council on Historic Preservation has an opportunity to comment on !he effects of federal projects on properties included in or eligible for inclusion
in the National Register ofHistoric P.1aces. Section 106 ofthat act requires an evaluation to determine if the project will have an effect on !he resource. + DOT Act of 1966, Section
4(f) . . This documentation is required when right ofway is required from publicly owned parks, recreation areas, wildlife or waterfuwl refuges, and publicly or privately owned historic
IAcal AgcnC)' Guidclilfl!$ III-J 10/97 
􀀢􀀢􀁾􀀠 ""ill; Design' Section Y Plan Preparation Preparation by State/Local Forces By mutual agreement between TxDOT and the local agencY. TxDOT may prepare the plans and specifications
ifresources are available. Local agencies may also prepare the plans and specifications with their in-house staffand be reimburned for eligible costs ifa LOA is obtained prior to the
work taking place. Preparation by Consultants Plans and specifications may be prepared by consultants. To be eligible for the federal reimbur.s ement ,f or payments to a consultant,
the procedures outlined in Title 23 CPR Section 172 must be f911owed. Specific questions regarding policy and the selection process approval can be directed to the local TxDOT district
office. Consultant selection process approval must be obtained before requests for proposals are issued or any expenditures are made. Expendiruresmade before process approval are not
eligible for reimbursement. Ifa local agency elects to retain the consultant at its own cost, the provisions ofstate and local law will apply. Design Standards On all FHWA-funded transportation
projects. local agencies mnst document location and design approval prior to preparation ofplans, specifications and estimates. A project design shall not be approved until the project's
environmental considerations have been approved by FHWA and its public hearing requirements have been mel. " Geometric requirements for CMAQ. STP-MM and STP-UM projects shall be to minimum
1994 American Association ofState Highway Transportation Officials (AASHTO) standards .. Consideration must be given to the projected Average Daily Traffic (ADT-). The design year may
be any year between 8 and 20 yearn from estimated construction completion. All roadway design elements must be considered in the preparation ofdesign criteria for a project. The local
TxDOT office should be consulted in the use ofADTs; l.m:aJ Agenq' Guidelillc.< Y-l 10187 
.", .. , Design for federal wage rates'is,the date ofnotice in the Federal Register or the date on which written notice is received by TxDOT, whicheveroccurs first. Prior to bid opening,
the local agency may contact USDOL to see ifa modification has been issued or if one,is pending. • DBE. It is U.s. Department ofTransportation (USDOT) policy that Disadvantaged Business
Enteqllises (DBBs) (defined in 49CFR, Part 23) have maximum opportunity to participate in the performance of federally financed contracts or subcontracts. To accomplish this goal, all
local agencies and their contractors must take steps to ensure that DBJ!s are encouraged to compete for construction contracts, procurement contracts, grants, services. financial aid
or other benefits, and that DBE's have full access to these opportunities. When participating in programs funded in whole or in part with funds made available by 􀁔􀁾􀁄􀁏􀁔􀀬'a local
agency shall comply with TxDOT's DBE plan or develop a plan that conforms to the requirements of USDOT. Such an equivalent plan must be approved by TxDOT.. . After a goal has been determined,
the TxDOT Special Provision 􀁾􀁄􀁩􀁳􀁡􀁤􀁶􀁡􀁮􀁴􀁡􀁧􀁥􀁤􀀠Business Enterprise in Federal-Aid Construction" or a TxDOT-approved local agency provision shall be included in the PS&E. .
Compliance reviews will be conducted on the administration ofthe DBE plan. A local agency found to be in noncompliance may lose its federal funds and its ability to let contracts on
a local basis. A finding ofnoncompliance will result when a local agency fails to ensure compliance of its contractor with the DBE requirements. or fails to take remedial action at the
request ofTxDOT or FHWA. • Affirmative Action. To effectively ensure Equal Employment Opportunity (EEO). FHWA policy requires that all federal-aid highway construction contracts include
a specific requirement to .implement the Title VI program, related civil rights laws and regulations. These specific requirements apply to contractors and all their subcontractors holding
subcontracts o£$IO,ooo or more. To be eligible for federal-aid funds, the local agency must comply with the civil rights requirements and the requirements of 23 CFR 633C. Along with
Form FHWA -1273, the following TxDOT special provisions or their TxDOT-approved local agency equivalents musl be included in the proposal and made wr:al Agency Guidelines 10187 
""a.
".,." "Ii:: iI.: . Design Section V • Alocal agency' may use an" internally prepared book ofstandard specifications or special specifications, ifapproVal is obtained froro TxDOT. The
American Public Works Ass9Ciation Standard Specifications for Road. Bridge and Municipal Construction and any amendments that modifY these specifications rnay be used in lieu ofTxDOT
specifications' or a locally prepared specification book. Projects involving landscape architecture sball include specifications that comply with the 1991 AASHTO Guide for Transportation
Landscape and Environmental Design. • Spedal Provisions. Special provisions are not covered in the Standard Specifications because they govem matters peculiar to an individual project.
Their use should be held to a minimum and applicable Standard Specifications used instead. (ssues mandated in state atl<i federal laws shall not be changed. Special provisions shall
be submitted to TxDOT for approval. " Special provisions are required: • For aU features ofa project not covered liy the Standard Specifications and General Special Provisions. • Where
the Standard Specifications are being amended. • For any deviation from the Standard Specifications regarding materials, construction details, measurement and payment. Agreements A two-pany
agreement shall be executed betwccn TxDOT and the local agency that specifiea the responsibilities ofeach agency and the conditions for compliance. LoeDl AgoneJ' Guideline.'; 10187 
.. 􀁾􀀮􀀭
, Construction Con/nut Letting Process Section VI Construction Contract Letting Process General Discussion In general, federally funded (FHW A) projects are let to construction by the
Texas Department of Transportation (TxDOn. This is done for several reasons. The TxDOT standard and .special specifications have been reviewed and approved by FHWA to,be in accordance
with federal , regulations and law. Advertising construction contracts has also been set up to comply with federal regulations. The documents contained'in the bid package have been approved
as meeting federal 􀁲􀁥􀁾􀁬􀁡􀁴􀁩􀁯􀁮􀁳􀀠and law, and the review ofbids received and concurrence in award are coordinated with FHWA. All ofthis has required continuons coordination effort
between TxDOT and FHW A, an undertaking that bas taken many years to reach the current level of confidence. Action Approving Agency a. Contract letting process s b. Bid package (pS&E)
s c. LettingSIL . d. Concuaenceinavnud S F=FHWA S =TxDOT L =Local Agency Federal Guidelines, Guidelines, Ifa local agency desires to let the contract for construction, they must comply
with all federal reguiations for those processes, which are presented in 23 CPR Part 633 and 23 CFR Part 635. The local agency should send a written request to the TxDOT district office.
The district will review the request and 'forward to the Design Division. Approval for the local agency to let the project is given by the TxDOT Deputy Executive Director. Iftheyrequest
and obtain that' 􀁾􀁄􀁰􀁲􀁯􀁶􀁡􀁬􀀠then, they must have their advertising and letting processes reviewed and approved for 'mpliance with federal regulations. law and any applicable state
laws or TxDOT policies by the appropriate TxDOT divisions. ' The bid package. including specifications and plans, must be reviewed and approved by TxDOT prior to advertising the project
for bids. A Letter ofAuthority must be issued by TxDOT L",:alAgency Guidelines 101')7 
Section VII Construction Contract Administration . " 
..•􀁾􀀠 ; . CcnstructiDn Contract Administration Section VII Federal-aid projects are subjett to EEO and DBE compliance reviews by TxDOT. TxDOTand FHWA 'officials shall have access to
the construction site and records at any time. Preconstruction· Conference After a contract is awarded, the local agency should arrange a conference with the contractor and shall notiJY
the TxDOT district office ofthe time and place ofthe conference . . A preconstruction conference should be held before each construction phase on. large, complex projects..It may be
desirable to hold separate conferences (orsome specialized construction items. such:as paving. roadside plantiog or electrical work.. The preconstruction conference may include a partnering
session ifappropriate, and shall include a discussion ofForm FHWA 1273 Required Contract Provisions Federal Aid Construction Contracts. Costs for partnering sessions should be detailed
in the contract specifications. The meeti!1g should be documented and copies ofthe minutes transmitted to the TxDOT district office and each agency, organization and firm involved or
interested in the project Guidance on preconstruction conferences can be found in the "Area Engineer's and Inspectors' Contract Administration' Handbook." Quality Control The quality
ofmaterials and work on a project must conform to the contract specifications to ensure that public funds expended will have purchased a safe, economical and fully functional transportation
facility. ' The local agency shall: • approve the source for each type ofmaterial, • ensure that the contractor's material sources comply with the contract specifications. and . • provide
for independent assurance sampling. The local agency has the authority to approve material certifications. Progress Payments' Progress payments must be based on measurements ofwork performed
so the contractor can be fairly compensated and public funds will not be expended on work not done. LocalAgency Guideline., VII·2 10197 '. 
Construction Contract Administration S«tion VII recommended by the local agenCy's legal counsel and approved in ad;ai1ce by TxDOT. It is essential for the local agency to notifY the
TxDOT'district office as early in the claim process as possible to be eligible for federal participation. Compliance with Federal Contract Provisions FHWA requires that all subcontracts
at any nerbe in writing. per 23 CPR. Section 63S.l16(b). This includes contracts between the prime contractor and subcontractors. and ,between subcontractors and their agents. Each ofthese
subcontracts also must physically (not by reference) contain: . • FHWA form 1273 Required Contract Provisions Federal Aid Construction .. Contracts. and .. !be minimum wage rates for
the contract It is the responsibility ofthe local agency to ensure full compliance with all federal contract provisions and specifications. This responsibility shall not be delegated
to another party. Noncompliance can result in nonparticipation by FHW A. Physical Completion of Construction The local agency will cany out the following requirements to terminate the
construction contract and ready the project for acceptsnce by TxDOT and FHW fl.: + Notice of Physical Completion. Within 10 calendar days after physical completion ofthe work by the
contractor, tfle local agency shall notifY the contractor by letter that construction is physically complete, and the project is subjeclto inspection, audit and acceplance by the slate.
+ Final Inspection. The local agency shall send a request for TxDOT inspection and acceptsnce to the district office within 15 days ofphysical completion ofwork by the contractor. A
copy of the physical completion letter sent to the contractor must accompany the request., TxDOT will perform a final inspections ofthe project. + Final Reports. The construction project
is'considered complete when these items have been completed: . Local Agenc)' Guidelinl!.< VIf-4 1()I')7 
··at ConstrUction Contract Administrtltion Section WI TxDOTConstructio;i Records IOSUpport Pay Quantities ofWork Done on Contract .. Construction Projects Manual TxDOT Standard Specifications
for Construction andMaintenance ofHighways. Streets and Bridges American Society for Testing and Materials LocalAgell<:Y Guidelines 1'//-6 10/97
j j j j j j . j j j j j j j j j j j j j j 
F-i;:" Glossary Section VIII Glossary. Consultant. A person or organization engaged by a local agency to provide 􀁰􀁲􀁯􀁦􀁥􀁳􀁳􀁩􀁯􀁾􀀠services in accordance with accepted practicC[s
and within the tennsofa contract. Roadway design elements. The pbysical characteristics ofthe highway such as aligrunent, . grades, widths, sight distance, clearances, briciges and the
pavement structure, including surface texture. L<u:a/Agency Guidelilll!S VIII-I 10197
1 1 1 1 -􀁾􀀭 1 1 1 " .-1 1 1 1 1 1 1 " 1 1 1 1 1 1 
Environmenml Conslderadons S"c/ian III • Federal Water Pollution Control Act/Clean Water Act (CWA) of1972 (33 USC 1251-1387), as amended. To maintain and restore the chemical, physical
and biological integrity ofthe walen; ofthe U.S. The broader jurisdiction under this law includes not only navigable waten;, but most waters ofthe countly.and adjacent wetlands. • Section
404 Regulatory Program The CEQ established the 404 Regulatory Program which made it unlawful to discharge dredged or fill material into waters ofthe U.S. without first receiving au.thorization
from the U.S. Army COIpS ofEngineers. • Individual 404 permit An activity evaluated on a case by case basis. This procesS requires public notice, opportuuity for public hearing and a
comment period. . General permits . ,. Minoractivities that are similarin nature and cause only minimal environmental impacts. Activity andlor area specific and designed to relieve administmtive
burdens associated with permit processing for both applicants and the federal government. Some activities may require coordination with the USCOE. • Regional permits Issued by division
or USCOE district engineers on a regional basis. • Programmatic permits Permit is required !:iut is being coordinated by another federal agency. • Nationwide permits 40 general permits
issued by USCOE are intended to apply throughout the nation. Designed to allow certain activities to occur with little, ifany, delay or paperwork. Some nationwide permits require coordination
with USCOE .. • National Pollution Discharge Elimination Control System (NPDES) 1990 EPA -Section 402, Water Quality Act of 1987· In 1990, EPA published final regulations for the NPDES
storm water discharge permits. These new regulations impl.ement Seet. 402 ofthe Water Quality Act of 1987; The purpose of this legislation is to improve the quality ofthe nation's riven;,
lakes and streams by reducing pollution from nanpoint sources. Construction activities greater than 5 acres require a permit for storm water runoff. • Resource Conservation and Recovery
Act of 1976 (RCRA) . Otherwise known as "cradle to grave"legis)ation. Establ.ished liability for hazardous waste management and disposal as the generator's responsibility. Also established
a hazardous Local Ag"ncy Guide1ille.< /l/-Z' 10/1}7