1. (a) Responsibility.

   1. (1) Except to the extent the department and the applicant have agreed in writing that the department will provide all or part of the work connected with the project, as provided in §6.42 of this subchapter (relating to Performance of Work), the applicant is solely responsible for the design and construction of the project, including:

      1. (A) ensuring that all EPIC are addressed in the project design;
      2. (B) assessing field changes for potential environmental impacts; and
      3. (C) obtaining any necessary EPIC required for field changes.
   2. (2) All construction plans must be signed, sealed, and dated by a professional engineer licensed in Texas.

2. (b) Design criteria.

   1. (1) Plans and specifications. Project plans and specifications must be in compliance with either the latest version of the design manuals or the latest version of the American Association of State Highway and Transportation Officials (AASHTO) standards, including the AASHTO Policy on Geometric Design of Highways and Streets, the AASHTO Pavement Design Guide, and the AASHTO Bridge Design Specifications.
   2. (2) Exceptions to design criteria. An applicant may request approval to deviate from the required design criteria for a particular design element on a case-by-case basis. The request for approval must 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 request 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, or that the deviation meets some other design criteria acceptable to the department. In making a determination under this paragraph, the executive director shall consider whether the project is intended to become part of the state highway system or otherwise be subject to the jurisdiction of the department, and the applicant's experience with similar projects.

3. (c) Project development.

   1. (1) Access. For proposed projects that will change the access to an interstate highway, the applicant shall submit to the department all data necessary for the department to request Federal Highway Administration approval.

   2. (2) Preliminary design submission and approval. When design is approximately 30 percent complete, the applicant shall send to the department for review and approval in accordance with the procedures and time line established in the financial assistance agreement:

      1. (A) a completed design summary report form as contained in the department's Project Development Process Manual or an equivalent document as contained in or authorized by another appropriate department manual;
      2. (B) a design schematic depicting plan, profile, and superelevation information for each roadway;
      3. (C) 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. (D) bridge, retaining wall, and sound wall layouts;
      5. (E) hydraulic studies and drainage area maps showing the drainage of waterways entering the project and local project drainage;
      6. (F) an explanation of the anticipated handling of existing traffic during construction;
      7. (G) if a structure meeting the definition of a bridge as defined by the National Bridge Inspection Standards is proposed, an indication of structural capacity in terms of design loading;
      8. (H) an explanation of how the U.S. Army Corps of Engineers permit requirements, including associated certification requirements of the Texas Commission on Environmental Quality, will be satisfied if the project involves discharges into waters of the United States; and
      9. (I) the location and text of proposed mainlane guide signs shown on a schematic that includes lane miles or arrows indicating the number of lanes.

   3. (3) Construction specifications.

      1. (A) All plans, specifications, and estimates developed by or on behalf of the applicant must conform to the latest version of the department's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and to all alternative specifications applicable under subparagraph (B) of this paragraph.
      2. (B) 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. In deciding whether to approve the use of an alternative specification, the executive director shall consider whether the project is intended to become part of the state highway system or otherwise to be subject to the jurisdiction of the department, and the applicant's experience with similar projects.

   4. (4) Submission and approval of final design plans and contract administration procedures. When final plans are complete, the applicant shall send to the executive director for review and approval in accordance with the procedures and time line established in the financial assistance agreement:

      1. (A) 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. (B) summarized or highlighted revisions to information provided with the preliminary design submission;
      3. (C) a proposal necessary for bidding the project in compliance with applicable state and federal requirements;
      4. (D) contract administration procedures containing criteria that comply with the applicable national or state administration criteria and manuals; and
      5. (E) the location and description of all EPIC addressed in construction.

   5. (5) Contract bidding and award. The applicant may 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 must comply with:

      1. (A) the policies and procedures prescribed in Chapter 9, Subchapter B of this title (relating to Highway Improvement Contracts); or
      2. (B) policies and procedures that comply with the applicable requirements of federal law and with the applicable requirements of state law that are intended to ensure fair and open competition.
   6. (6) Construction inspection and oversight. The applicant shall oversee all construction operations, including the oversight and follow-through with all EPIC. Inspection and project oversight shall be performed in accordance with requirements prescribed in the financial assistance agreement.
   7. (7) Contract revisions. All contract revisions must comply with the latest version of the applicable national or state administration criteria and manuals. The applicant shall submit all contract revisions to the department for its records. The applicant shall submit any revision that affects prior environmental approvals or significantly revises the project scope or the geometric design to the executive director and must receive the executive director's approval before the revised construction work may begin. Procedures governing the executive director's approval, including time limits for department review, shall be included in the financial assistance agreement.
   8. (8) As-built plans. On completion of construction of the project, the applicant shall file with the department a set of the as-built plans incorporating all contract revisions. The plans must be signed, sealed, and dated by a licensed professional engineer in Texas, who certifies that the project was constructed in accordance with the plans and specifications.
   9. (9) Document and information exchange. If available, the applicant shall deliver electronically 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.
   10. (10) State and federal law. The applicant shall comply with all federal and state laws and regulations applicable to the project, and shall provide or obtain all applicable permits, plans, and other documentation required by a federal, state, or local governmental entity.
   11. (11) 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 §6.44 adopted to be effective October 21, 2010, 35 TexReg 9361.