Supervision and Staffing

General
As discussed in detail in the subheading “Inspection,” a LG must be suitably equipped and staffed before it can be given authority to manage federal-aid highway projects within its jurisdiction.
23 CFR §635.105
requires TxDOT to be suitably equipped and organized to carry out the federal-aid program. Therefore, TxDOT is responsible for design, contract administration and construction inspection of all federal-aid construction projects. This responsibility is formalized by the project agreement executed for each federal-aid project. FHWA and TxDOT are the two parties to the agreement.
When a federal-aid project is to be constructed on a facility not under TxDOT’s jurisdiction, TxDOT may allow the LG having jurisdiction to perform the work with its own forces, or by contract, provided all of the following conditions are met.
  • All federal requirements, including those prescribed in
    23 CFR Part 635 Subpart A
    , are satisfied on work performed under a contract awarded by a local public agency.
  • Force account work shall be in full compliance with
    23 CFR Part 635 Subpart B
    .
  • The LG is adequately staffed and suitably equipped to undertake and satisfactorily complete the work.
  • The LG shall provide a full-time employee of the agency to be in responsible charge of each federal-aid project, including those employing consultants for construction engineering services. The requirements for the responsible person in-charge (RPIC) are defined in
    Chapter 2
    of this Manual.
This arrangement does not relieve TxDOT of overall responsibility for the project. While
23 CFR §1.11(b)
allows TxDOT to “utilize, under its supervision, the services of well-qualified and suitably equipped engineering organizations of other governmental instrumentalities for making surveys, preparing plans, specifications and estimates, and for supervising the construction of any project,”
23 CFR §1.11(e)
clearly states TxDOT is not relieved of its responsibilities under federal law and the regulations in
23 CFR Chapter 1
if it chooses to use the services of other governmental engineering organizations.
Supervision of Construction Engineering Consultants or Construction Management Firms
The LG’s responsibilities for contract administration and construction inspection are not terminated should a consultant provide construction engineering and inspection services. While a consultant may provide daily inspection, the LG must have a RPIC assigned to the project at all times, although the RPIC does not need to be assigned solely to that project. The requirements for the RPIC are defined in
Chapter 2
of this Manual.
If the LG uses the services of a consulting engineering or construction management firm, the services must be procured in compliance with
23 CFR Part 172
.
Federal Requirement
  1. 23 CFR §635.105
    – For projects under the LG’s jurisdiction, authorizes TxDOT to allow the LG to directly manage projects if TxDOT has assurance the LG is adequately staffed and suitable equipped to undertake and satisfactorily complete the work.
State Requirement
  1. Texas Occupations Code §1001.407
    – Requires engineering construction of public works be performed under the supervision of an engineer. Applies to all political subdivisions in Texas.
  2. Texas Transportation Code §201.113
    – Allows TxDOT to enter into an agreement with a regional tollway authority for projects on the state highway system.
  3. Texas Transportation Code §370.302(a)
    – Allows TxDOT to enter into an agreement with a regional mobility authority (RMA) to implement, operate and maintain a project on behalf of TxDOT.
  4. Texas Transportation Code §370.302(b)(1)
    – Allows a RMA to negotiate with private entities through a development agreement. The negotiations may include financing.
Required Practices
In general, the LG must conform to state and federal requirements for ensuring adequate staffing on a construction project. The
LGPM Guide
describes the required practices and LG and TxDOT responsibilities.