SECTION 27.56. Design and construction

(a) Responsibility.

(1) The requestor is fully responsible for the design and construction of each project it undertakes, including:

(A) ensuring that all EPIC are addressed in project design;

(B) assessing field changes for potential environmental impacts; and

(C) obtaining any necessary EPIC required for field changes.

(2) All construction plans shall be signed, sealed, and dated by a professional engineer licensed in Texas.

(b) Design criteria.

(1) Plans and specifications. Project plans and specifications must be in compliance with either the latest version of the design manuals or the latest version of AASHTO standards, including the AASHTO Policy on Geometric Design of Highways and Streets, the AASHTO Pavement Design Guide, and the AASHTO Bridge Design Specifications.

(2) Exceptions to design criteria. A requestor may request approval to deviate from the required design criteria for a particular design element on a case-by-case basis. The request for approval shall state the criteria for which an exception is being requested and must include a comprehensive description of the circumstances and engineering analysis supporting the request. The executive director may approve an exception after determining that the particular criteria could not reasonably be met due to physical, environmental or other relevant factors (and in making this determination, the executive director shall consider whether the project is intended to become part of the state highway system or otherwise subject to the jurisdiction of the department), and that the proposed design is a prudent engineering solution.

(c) Project development.

(1) Access. For proposed projects that will change the access to an interstate highway, the requestor shall submit to the department all data necessary for the department to request Federal Highway Administration approval.

(2) Preliminary design submission and approval. When design is approximately 30% complete, the requestor shall send the following preliminary design information to the department for review and approval in accordance with the procedures and time line established in the financial assistance agreement:

(A) a completed Design Summary Report form as contained in the department's Project Development Process Manual;

(B) a design schematic depicting plan, profile, and superelevation information for each roadway;

(C) typical sections showing existing and proposed horizontal dimensions, cross slopes, location of profile grade line, pavement layer thickness and composition, earthen slopes, and right of way lines;

(D) bridge, retaining wall, and sound wall layouts;

(E) hydraulic studies and drainage area maps showing the drainage of waterways entering the project and local project drainage;

(F) an explanation of the anticipated handling of existing traffic during construction;

(G) when structures meeting the definition of a bridge as defined by the National Bridge Inspection Standards are proposed, an indication of structural capacity in terms of design loading;

(H) an explanation of how the U.S. Army Corps of Engineers permit requirements, including associated certification requirements of the Texas Natural Resource Conservation Commission, will be satisfied if the project involves discharges into waters of the United States; and

(I) the location and text of proposed mainlane guide signs shown on a schematic that includes lane miles or arrows indicating the number of lanes.

(3) Construction specifications.

(A) All plans, specifications, and estimates developed by or on behalf of the requestor shall conform to the latest version of the department's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and shall conform to department required special specifications and special provisions, subject to subsection (c)(3)(B) of this section.

(B) The executive director may approve the use of an alternative specification if the proposed specification is determined to be sufficient to ensure the quality and durability of the finished product for the intended use and the safety of the traveling public. In deciding whether to approve the use of an alternative specification, the executive director shall consider whether the project is intended to become part of the state highway system or otherwise subject to the jurisdiction of the department.

(4) Submission and approval of final design plans and contract administration procedures. When final plans are complete, the requestor shall send the following information to the executive director for review and approval in accordance with the procedures and time line established in the financial assistance agreement:

(A) seven copies of the final set of plans, specifications, and engineer's estimate (PS&E) that have been signed and sealed by the responsible engineer;

(B) summarized or highlighted revisions to information provided with the preliminary design submission;

(C) proposal necessary for bidding the project in compliance with applicable state and federal requirements;

(D) contract administration procedures containing criteria that comply with the applicable national or state administration criteria and manuals; and

(E) location and description of all EPIC addressed in construction.

(5) Contract bidding and award. The requestor shall not advertise the project for receipt of bids until it has received approval of the PS&E from the department. Procedures relating to bidder qualification, bidding, award, and execution of a contract for the development and maintenance of a project that is financed with state or federal funds shall comply with either the policies and procedures prescribed in Chapter 9, Subchapter B of this title (relating to Highway Improvement Contracts), or with policies and procedures that comply with the applicable requirements of federal law and with the applicable requirements of state law that are intended to ensure fair and open competition.

(6) Construction inspection and oversight. The requestor is responsible for overseeing all construction operations, including the oversight and follow-through with all EPIC. Inspection and project oversight shall be performed in accordance with requirements prescribed in the financial assistance agreement.

(7) Contract revisions. All contract revisions shall comply with the latest version of the applicable national or state administration criteria and manuals, and must be submitted to the department for its records. Any revision that affects prior environmental approvals or significantly revises the project scope or the geometric design must be submitted to the executive director for approval prior to beginning the revised construction work. Procedures governing the executive director's approval, including time limits for department review, shall be included in the financial assistance agreement.

(8) As-built plans. Upon completion of construction of the project, the requestor 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.

(9) Document and information exchange. If available, the requestor agrees to electronically 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.

(10) State and federal law. The requestor shall comply with all federal and state laws and regulations applicable to the project, and shall provide or obtain all applicable permits, plans, and other documentation required by a federal, state, or local governmental entity.

(11) 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.

Source Note: The provisions of this §27.56 adopted to be effective August 15, 2002, 27 TexReg 7178