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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 15FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS
SUBCHAPTER EFEDERAL, STATE, AND LOCAL PARTICIPATION
RULE §15.52Agreements

    (D) Off-State Highway System Bridge Program. For projects funded in the Off-State Highway System Bridge Program, the department will determine the final cost after the project is completed, based on its standard accounting procedures. The department will notify the local government of any amount due for payment of costs related to changes made at the request of the local government. The local government shall promptly transmit the required amount to the department.

    (E) Valuation of in-kind contributions. Before the department may enter an agreement under which goods, services, or real estate are accepted rather than financial consideration, the department will document a value for the in-kind contributions consistent with 49 C.F.R. §18.24.

  (8) Termination. If the local government withdraws from the project after the agreement is executed, it shall be responsible for all direct and indirect project costs incurred by the department for the items of work in which the local government is participating. If costs for local government requested items increase significantly due to differing site conditions, determination that local government requested work is ineligible for federal or state cost participation, or more thorough definition of the local government's proposed work scope, and the local government and the department are not able to execute a mutually agreeable amendment, the department may terminate the agreement. In this instance, the department will reimburse local government remaining funds to the local government within 90 days of termination.

  (9) Acknowledgment. The local government must acknowledge in the agreement that while not an agent, servant, nor employee of the state, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work authorized in the contract.

  (10) Local regulations. If any existing, future or proposed local ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, that is more restrictive than state or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased cost to the department for a highway improvement or other transportation project, the local government must commit in the agreement to being responsible for all increased costs associated with the ordinance, order, policy, directive, or change, regardless of the funding arrangement specified in the agreement.


Source Note: The provisions of this §15.52 adopted to be effective September 26, 1996, 21 TexReg 8957; amended to be effective September 23, 1997, 22 TexReg 9260; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective November 22, 1998, 23 TexReg 11661; amended to be effective February 21, 1999, 24 TexReg 1194; amended to be effective August 20, 2000, 25 TexReg 7781; amended to be effective September 20, 2001, 26 TexReg 7126; amended to be effective September 19, 2002, 27 TexReg 8776; amended to be effective January 9, 2005, 29 TexReg 12241; amended to be effective March 17, 2011, 36 TexReg 1693; amendedto be effective April 19, 2012, 37 TexReg 2686; amended to be effective September 18, 2014, 39 TexReg 7351; amended to be effective June 15, 2016, 41 TexReg 4293; amended to be effective July 17, 2019, 44 TexReg 3551

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