Supervision and Staffing

General
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 project delivery on all types of federal-aid 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 performed by a LG under TxDOT’s supervision, all of the following conditions must be 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 LG.
  • 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 and other service providers. The requirements for the Responsible Person In-Charge are defined in
    Chapter 2 - Project Initiation
    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 if it chooses to use the services of other governmental engineering organizations.
If the LG uses the services of a consulting engineering firm, the services must be procured in compliance with
23 CFR Part 172
.
The
LGPM Guide
provides the required practices and responsibilities associated with proper supervision and staffing of a LG project.
Federal Requirement
  1. 23 CFR §635.105
    – For projects under a local public agency’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. No state regulations related to this topic were identified.