Prior to a project gaining CONSTRUCT authorization, the appropriate local government should be contacted, and its interest in participating in the project established.

If the local government expresses interest in the project and the project has CONSTRUCT authorization, an appropriate Advance Funding Agreement (AFA) must be executed between the state and local government before any work, either preliminary engineering or construction, can be performed. In addition to specifying the responsibilities of the parties in the performance and funding of the work, the agreement defines the contributions of the local government for its share of the project funding responsibilities. Local government contributions must be defined in the AFA and may be in the form of advance payments (escrow payments) or work performed under the Participation Waived/Equivalent-Match Project Program (PWP/EMP). The PWP/EMP is described in more detail at the end of this section. Questions about the standard agreement form should be directed to the appropriate Bridge Division project manager.

Funding

participation levels for local governments are set in the Texas Administrative Code (TAC) and the TxDOT Project Development Process Manual. The estimated participation costs

are based on the estimate of

total

project costs made at the time of

the agreement or the execution of an amendment to the original agreement.

For Category 6 OFF projects that are not yet CONSTRUCT-authorized, exercise judgment in communicating with the local government. Avoid expectations of imminent project construction. A project must be CONSTRUCT-authorized to be let for construction. A project cannot be let until a local government either remits escrow payments for its required participation in the project or provides a written agreement on how it will meet its participation requirement.

The

funding

participation of the local government may be adjusted where the project is located within a county that meets the statutory definition of being an “economically disadvantaged county” (EDC). Such adjustments of local government participation due to EDC classification are based on applications submitted by the local government through the District office, to the Transportation Planning and Programming Division (TPP). Information on the newest EDC program list is located on

TPP’s web page

.

The local match requirement for off-system bridge program projects may be waived by participation in the PWP/EMP. For participation in the program to be considered, the local government must agree to use

local funds

to perform structural or other safety improvement work on other load-carrying deficient bridges or cross-drainage structures in its jurisdiction.

The work performed as part of the PWP/EMP shall prioritize repairs or strengthening of bridges on the National Bridge Inventory as identified in inspection reports, over proposed work on cross drainage structures.

Such work must have a dollar value at least equivalent to the required local match participation or local participation as adjusted under the EDC provision.

The

District

notifies the Local Government of the availability of waivers subject to specified conditions and invites submittal of requests.

The Local Government makes such a request.

The

District

receives and considers the completed request for waiver from the Local Government according to requirements of 43 TAC

Part 1 Chapter 15 Subchapter E

15.55(d).

If the request for waiver meets all requirements and approval is appropriate, the

District

advises the Local Government in writing of approval.

If the request for waiver does not meet all requirements of 43 TAC

Part 1 Chapter 15 Subchapter E

15.55(d) or approval is otherwise not appropriate, the

District

informs the Local Government, stating the reason(s) for disapproval of the waiver request.

Execute an appropriate agreement for the project.

The

District

keeps a file of all correspondence and documentation pertaining to the waiver and related equivalent-match project(s). Include in this file the subsequent documentation received from the Local Government pertaining to completion of the equivalent-match project work.

If the

District

has not been notified by the Local Government that the equivalent-match work has been completed within the specified three-year period, the

District

inquires as to the status of the work. If it is determined that the work has not been accomplished and no significant progress has or is being made toward such accomplishment, then the five-year period for exclusion of the Local Government from such waivers may be invoked, or an extension requested from the Bridge Division.