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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 27TOLL PROJECTS
SUBCHAPTER BTRANSFER OF DEPARTMENT TOLL PROJECTS
RULE §27.15Project Development for Transferred Toll Projects

of this section.

    (B) For purposes of this subsection, "major contract revision" means a revision to a construction contract that:

      (i) reduces geometric design or structural capacity below project design criteria;

      (ii) changes the location or configuration of the physical connection to the department facility;

      (iii) changes the placement of columns and other structural elements within the department's right of way;

      (iv) changes the traffic control plan in a manner that reduces the capacity on the department facility as shown on the approved PS&E

      (v) changes the access on a controlled access facility; or

      (vi) for federally funded projects, eliminates or revises EPICs.

(i) As-built plans. Within six months after final acceptance of the construction project, the entity 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.

(j) Document and information exchange. If available, the entity 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.

(k) State and federal law. The entity 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.

(l) 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.

(m) Project development agreement. The entity and the department shall enter into an agreement governing the development of a project under this section. The agreement shall, at a minimum, include:

  (1) the responsibilities of each party concerning the design and construction of the project and EPIC;

  (2) procedures governing the submittal of information required by this section;

  (3) timelines governing approvals by the executive director under this section; and

  (4) other terms or conditions mutually agreed upon by the parties.


Source Note: The provisions of this §27.15 adopted to be effective effective January 5, 2006, 30 TexReg 9002

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