(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.
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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 |