1. (a) Responsibility. The RMA is fully responsible for the design and construction of each project it undertakes, including ensuring that all EPIC are addressed in project design.

2. (b) Design criteria.

   1. (1) State criteria. All designs developed by or on behalf of the RMA shall comply with the latest version of the department's manuals, including, but not limited to, the Roadway Design Manual, Pavement Design Manual, Hydraulic Design Manual, the Texas Manual on Uniform Traffic Control Devices, Bridge Design Manual, and the Texas Accessibility Standards.
   2. (2) Alternative criteria. An RMA may request approval to use different accepted criteria for a particular item of work. Alternative criteria may include, but are not limited to, the latest version of the AASHTO Policy on Geometric Design of Highways and Streets, the AASHTO Pavement Design Guide, and the AASHTO Bridge Design Specifications. The use of alternative criteria is subject to the approval of the Federal Highway Administration for those projects involving federal funds. The executive director may approve the use of alternative criteria if the alternative criteria are determined to be sufficient to protect the safety of the traveling public and protect the integrity of the transportation system.
   3. (3) Exceptions to design criteria. An RMA may request approval to deviate from the state or alternative criteria for a particular design element on a case by case basis. The request for approval shall state the criteria for which an exception is being requested and must include a comprehensive description of the circumstances and engineering analysis supporting the request. The executive director may approve an exception after determining that the particular criteria could not reasonably be met due to physical, environmental, or other relevant factors and that the proposed design is a prudent engineering solution.

3. (c) Access.

   1. (1) Access management. Access to the RMA facility shall be in compliance with the department's access management policy.
   2. (2) Interstate access. For proposed projects that will change the access control line to an interstate highway, the RMA shall submit to the department all data necessary for the department to request Federal Highway Administration approval.

4. (d) Preliminary design submission and approval. When design is approximately 30% complete, the RMA shall send the following preliminary design information to the department for review and approval in accordance with the procedures and timeline established in the project development agreement described in §26.48 of this subchapter:

   1. (1) a completed Design Summary Report form as contained in the department's Project Development Process Manual;
   2. (2) a design schematic depicting plan, profile, and superelevation information for each roadway;
   3. (3) typical sections showing existing and proposed horizontal dimensions, cross slopes, location of profile grade line, pavement layer thickness and composition, earthen slopes, and right of way lines;
   4. (4) bridge, retaining wall, and sound wall layouts;
   5. (5) hydraulic studies and drainage area maps showing the drainage of waterways entering the project and local project drainage;
   6. (6) an explanation of the anticipated handling of existing traffic during construction;
   7. (7) when structures meeting the definition of a bridge as defined by the National Bridge Inspection Standards are proposed, an indication of structural capacity in terms of design loading;
   8. (8) an explanation of how the U.S. Army Corps of Engineers permit requirements, including associated certification requirements of the Texas Natural Resource Conservation Commission, will be satisfied if the project involves discharges into waters of the United States; and
   9. (9) the location and text of proposed mainlane guide signs shown on a schematic that includes lane lines or arrows indicating the number of lanes.

5. (e) Construction specifications.

   1. (1) All plans, specifications, and estimates developed by or on behalf of the RMA shall conform to the latest version of the department's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and shall conform to department required special specifications and special provisions.
   2. (2) The executive director may approve the use of an alternative specification if the proposed specification is determined to be sufficient to ensure the quality and durability of the finished product for the intended use and the safety of the traveling public.

6. (f) Submission and approval of final design plans and contract administration procedures. When final plans are complete, the RMA shall send the following information to the executive director for review and approval in accordance with the procedures and timelines established in the project development agreement described in §26.48 of this subchapter:

   1. (1) seven copies of the final set of plans, specifications, and engineer's estimate (PS&E) that have been signed and sealed by the responsible engineer;
   2. (2) revisions to the preliminary design submission previously approved by the department summarized or highlighted for the department;
   3. (3) proposal necessary for bidding the project in compliance with applicable state and federal requirements;
   4. (4) contract administration procedures containing criteria that comply with the applicable national or state administration criteria and manuals; and
   5. (5) location and description of all EPIC addressed in construction.
7. (g) Contract bidding and award. The RMA shall not advertise the project for receipt of bids until it has received approval of the PS&E from the department. Procedures relating to bidder qualification, bidding, award, and execution of a contract for the development and maintenance of a project that is financed with state or federal funds shall comply with the policies and procedures prescribed in Chapter 9, Subchapter B of this title (relating to Highway Improvement Contracts).

8. (h) Construction inspection and oversight. Unless the department in writing agrees to assume responsibility for some or all of the following items, the RMA is responsible for:

   1. (1) overseeing all construction operations, including the oversight and follow through with all EPIC;
   2. (2) assessing contract revisions for potential environmental impacts; and
   3. (3) obtaining any necessary EPIC required for contract revisions.
9. (i) Contract revisions. All contract revisions shall comply with the latest version of the applicable national or state administration criteria and manuals, and must be submitted to the department for its records. Any revision that affects prior environmental approvals or significantly revises project scope or the geometric design must be submitted to the executive director for approval prior to beginning the revised construction work. Procedures governing the executive director's approval, including time limits for department review, shall be included in the project agreement described in §26.48 of this subchapter.
10. (j) As-built plans. Within six months after final acceptance of the construction project, the RMA shall file with the department a set of the as-built plans incorporating any contract revisions. These plans shall be signed, sealed, and dated by a licensed professional engineer in Texas certifying that the project was constructed in accordance with the plans and specifications.
11. (k) Document and information exchange. If available, the RMA agrees to deliver to the department all materials used in the development of the project including, but not limited to, aerial photography, computer files, surveying information, engineering reports, environmental documentation, general notes, specifications, and contract provision requirements.
12. (l) State and federal law. The RMA shall comply with all federal and state laws and regulations applicable to the project and the state highway system, and shall provide or obtain all applicable permits, plans, and other documentation required by a federal or state entity.
13. (m) Work on state right of way. All work required within the limits of state owned right of way shall be accomplished only pursuant to express written agreement with the department.

Source Note:The provisions of this §26.44 adopted to be effective July 18, 2002, 27 TexReg 6354.