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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 12PUBLIC DONATION AND PARTICIPATION PROGRAM
SUBCHAPTER APUBLIC PARTICIPATION PROGRAMS
RULE §12.6Adopt-a-Freeway Program

(a) Purpose. The Adopt-a-Freeway Program (Program) allows private businesses, civic organizations, and local governments an opportunity to support the department's landscape programs by adopting a section of urban freeway for the purpose of project development and project establishment and maintenance on that section. This section sets forth policies and procedures governing the Program.

(b) Participation in program.

  (1) Local government. A local government, upon approval by the district engineer, may adopt a section of urban state highway right-of-way for the purpose of project design, project development, and project establishment and maintenance by assuming the responsibility for all design, construction, establishment, and maintenance costs involved in the project.

  (2) Donor.

    (A) An eligible private business or civic organization may participate in the Program by providing to the local government cash or non-cash donations in an amount equal to not less than 25% of the project cost. The donor will receive recognition of the donation by the erection at the project site of a sign announcing participation by the donor in the Program.

    (B) A private business or civic organization is eligible to participate in the Program as a donor if the business or civic organization is located in the county or a county adjacent to the county in which the adopted section is located.

(c) Application.

  (1) A local governmental entity which desires to participate or to continue to participate in the Program shall submit an application to the district engineer of the district in which the adopted section is located.

  (2) The application shall be in the form prescribed by the department and shall at a minimum include:

    (A) date of application;

    (B) the name and complete mailing address of the local government;

    (C) the name, telephone number, and complete mailing address of a contact person for the local government;

    (D) the highway section the local government is interested in adopting;

    (E) if provided by the local government, the project design plan, specifications, and estimates for the work the local government is interested in performing; and

    (F) if provided by the department, the estimates, specifications, full descriptive text, sketches, or samples of work proposed by the local government as may be required by the department to produce the project design plan; and

    (G) a resolution by the local government that includes:

      (i) a statement that it approves participation in the Program;

      (ii) a statement that it agrees to accept the responsibility of the project; and

      (iii) a statement that the local government agrees and is authorized to enter into the agreement as defined in subsection (d) of this section.

(d) Agreement.

  (1) If the application submitted under subsection (c) of this section is approved by the department, the local government shall enter into a written agreement with the department providing for participation in the Program.

  (2) The agreement shall be in the form prescribed by the department and shall contain at a minimum the following terms.

    (A) The local government shall comply with the terms and conditions set forth in the agreement.

    (B) All costs of project design, development, establishment, and maintenance shall be the sole responsibility of the local government. Prior to the date scheduled for contract award the local government shall remit to the department an amount equal to the remainder of the local government's funding share for the project.

    (C) If prepared by the local government, the project design plan shall be subject to the review and satisfactory approval by the department prior to a departmental bid opening.

    (D) The local government shall agree to provide funding for project establishment, and maintenance contracts let for construction by the department for a period as specified by the department, such period being not less than five consecutive years following the completion of the project development contract.

    (E) A list of the respective responsibilities of the local government and the department as cited in subsection (f) of this section.

    (F) The local government shall agree to provide necessary indemnification as may be required by the department.

(e) Responsibilities of local government and department.

  (1) A local government who desires to participate in the Program shall be subject to the following requirements and responsibilities relating to project development.

    (A) If the project design plan is furnished by the local government, the local government must provide:

      (i) for the department's review, the project design plan;

      (ii) for the department's review, specifications, general notes, and estimates based upon the project design plan as may be necessary to fully document the project development;

      (iii) after the department's review, all required revisions to the project design plan, specifications, general notes, and estimates as may be required; and

      (iv) after revisions to the project design plan, specifications, general notes, and estimates have been made to the department's satisfaction, one set of reproducible mylars to the format and time schedule as may be required by the department, and three sets of 8 1/2 inches by 11 inches contract documents including specifications, general notes, and estimates.

    (B) If the project design plan is to be furnished by the department, the local government must provide:

      (i) information which establishes the proposed design concept as may be required by the department (this information may be in the form of descriptive text, sketches, or copies of developments similar to the type of project development proposed by the local government); and

      (ii) a check, payable to the Texas Department of Transportation, in the full amount of the design fee.

    (C) The local government must provide a check, payable to the Texas Department of Transportation, in the full amount of the final departmental estimate for project development, no later than 60 days prior to the date of the project's scheduled bid opening.

    (D) The local government must provide a check, payable to the Texas Department of Transportation, in the full amount of the final departmental estimate for project establishment and maintenance. Prior to the department's scheduled date for contract award, the local government shall remit to the department an amount equal to the remainder of the local government's funding share for the project.

  (2) The department, conditioned on approving the project as submitted by the local government, will be responsible for providing the following services.

    (A) Project design plan:

      (i) if submitted by the local government the project design plan will be reviewed; and

      (ii) if requested by the local government the project design plan will be prepared.

    (B) Project development:

      (i) scheduling the project for the first available departmental bid opening;

      (ii) awarding the construction contract; and

      (iii) administering the project during construction.

    (C) Project establishment and maintenance:

      (i) providing plans, specifications, and estimates as may be required for the establishment and maintenance project;

      (ii) scheduling the establishment and maintenance project for the first available departmental bid opening;

      (iii) awarding the establishment and maintenance contract; and

      (iv) administering the project.

(f) General limiting conditions and eligibility. The Program shall be subject to each of the following conditions.

  (1) No section will be approved for adoption if any portion of the section is scheduled for future construction within the department's current unified transportation plan.

  (2) Designs which reflect the character of adjacent developments will be accepted by the department provided such designs do not include logos of private entities, civic organizations, or local governments and provided that the local government will provide funding for adequate project development, establishment and maintenance as required by the department.

  (3) All major routes including controlled access routes on the highway system within the urban and metropolitan areas will be eligible for adoption.

  (4) Signage announcing participation in the Program shall be four feet by four feet and shall be the least expensive and most effective for each situation.

  (5) Special landscape features such as fountains, retaining walls, paving or walkway treatment, architectural lighting or landscape treatments which require, in the opinion of the department, high-level maintenance may be submitted and proposed for approval by the department.

  (6) Work under the Program will not be combined with any other landscape-related programs sponsored by the department.

  (7) The project design plan, if provided by the department, will be scheduled for preparation within the constraints of the department's existing resource capability.

(g) Modification/termination of agreement. The agreement as cited in subsection (d) of this section may be modified at the sole discretion of the department or commission. The agreement may also be terminated as provided in the agreement by mutual agreement and consent of the local government and the department, or by the department, after a 30-day notice, for failure by the local government to fulfill its responsibilities.


Source Note: The provisions of this §12.6 adopted to be effective December 8, 2011, 36 TexReg 8243

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