| (C) responsibility for the engineering and construction
necessary for completion of the work.
(7) Agreement and conditions.
(A) If the district engineer approves the waiver, the
local government and the department will enter into an agreement for
the participation-waived project as specified in §15.52 of this
subchapter. One or more participation-waived project agreements can
utilize one or more common or independent equivalent-match projects
if the total equivalent-match project amount equals or exceeds the
total remaining local participation amount being waived at the time
the agreement is executed, and the common agreements are adequately
cross-referenced. Previously executed agreements may be amended to
incorporate these participation waiver provisions, or to utilize an
additional equivalent-match project(s) for any outstanding amount
not previously waived, provided the construction contract for the
participation-waived project has not been awarded and the equivalent-match
work has not begun.
(B) Local governments will be allowed a maximum of
three years after the contract award of the participation-waived project(s)
to complete structural or other safety improvements on the equivalent-match
project(s). If more than one participation-waived project utilizes
a common equivalent-match project, the time period allowed for completion
of the equivalent-match project(s) will begin when the first of the
participation-waived projects is awarded. The district engineer may
specify a period less than three years for completion of equivalent-match
projects if project specific conditions warrant. If specified, the
shorter allowable work period must be explicitly stated in the agreement(s).
No later than 30 days after completion, documentation of completion
of the equivalent-match project(s) requirement will be provided by
letter to the district engineer. If the local government fails to
adequately complete the equivalent-match project(s), it will be excluded
from future waivers under this subsection for a minimum of five years.
The district engineer may grant an extension to the three-year completion
requirement if a contract for the equivalent-match project(s) has
been executed within that three years and the contract timeline for
completion is reasonable. In the absence of information suggesting
that a shorter or longer period is appropriate, two years or less
will be presumed to be a reasonable time, for a maximum of five years
to complete the equivalent-match project(s) following award of the
programmed bridge. The granting of an extension to the three-year
time limit must be done in writing in response to a written request
to the district engineer from the local government. The extension
approval must specify a new required completion date.
(C) With the approval of the district engineer, an
equivalent-match project(s) may be substituted by subsequent amendment
to the participation-waived project agreement(s). A substitution may
be allowed for unforeseen circumstances, including but not limited
to, an equivalent-match project that is selected for replacement under
some other program of work. Work on the substituted equivalent-match
project(s) must be completed within a maximum of three years after
the award of the construction contract for the original participation-waived
project.
(D) The local government is responsible for all of
the direct cost of any participation-waived project cost item or portion
of a cost item that is not eligible for federal participation under
the Federal Highway Bridge Replacement and Rehabilitation Program
under 23 U.S.C. §144 and 23 C.F.R. §650 Subpart D. The local
government is also responsible for any costs resulting from changes
made at the request of the local government.
(E) The local government will be responsible for 100%
of right of way and utilities for the participation-waived project.
(F) A local government located in an economically disadvantaged
county that receives an adjustment under subsection (b) of this section
may participate in the provisions of this subsection in the amount
of its reduced matching funds requirement.
(G) The department will not reimburse funds already
received by the department under the terms of existing agreements.
Funds already received for a specific project(s) may be credited against
the local government's required participation for the subsequent participation-waived
project agreement(s) for that same project(s).
(H) Any equivalent-match project(s) cost that is in
excess of the local government's required participation for a specific
participation-waived project agreement(s) cannot be credited for use
on a future participation-waived project(s).
(I) Each equivalent-match project(s) must be specifically
identified in the participation-waived project agreement(s) at the
time of execution.
(J) The local government must pay its funding share
of the estimated participation-waived project cost, as provided in §15.52(7)(A)
of this subchapter, for any local participation balance that is remaining
at the time the project agreement(s) is executed. This balance would
include any remaining required local participation amount in excess
of the amount waived as a result of credit for equivalent-match work
to be performed as part of the agreement.
(8) Projects with neighboring states. Local cost participation
is not required for a bridge connecting Texas with a neighboring state.
|
| Source Note: The provisions of this §15.55 adopted to be effective September 26, 1996, 21 TexReg 8957; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective February 21, 1999, 24 TexReg 1194; amended to be effective August 20, 2000, 25 TexReg 7781; amended to be effective November 14, 2001, 26 TexReg 9227; amended to be effective September 19, 2002, 27 TexReg 8776; amended to be effective January 9, 2005, 29 TexReg 12241; amended to be effective January 5, 2006, 30 TexReg 8995; amended to be effective August 19, 2010, 35TexReg7084; amended to be effective April 19, 2012, 37 TexReg 2686; amended to be effective May 14, 2014, 39 TexReg 3733; amended to be effective July 17, 2019, 44 TexReg 3551; amended to be effective December 4, 2019, 44 TexReg 7416 |
