LOCAL GOVERNMENT PROJECTS Overview of Program Requirements
Local Government Projects Program Definition of a Local Government Project – At least one phase of project development* or the program is managed by a local government agency for which it is being reimbursed with federal (FHWA) and/or state (TxDOT) funding, or − It is a totally local-funded project managed by the LG on the State Highway System * Environmental, design, ROW, utility relocation, construction 2
Local Government Projects Program Local government projects are a key component of TxDOT’s mission Through collaboration and leadership, we deliver a safe, reliable, and integrated transportation system that enables the movement of people and goods. 3
Local Government Projects Program Local Government Program Local Government Program July 2017 July 2017 More than 900 active LG projects More than 200 LGs • Cities, counties, regional toll authorities, RMAs, MPOs, etc. 21 districts have active projects Nearly $1 billion/year in total project costs 4
Local Government Projects Program Funding Program Types Funding Program Types Transportation Alternatives Surface Transportation Program – Metropolitan Mobility Congestion, Mitigation, Air Quality Safe Routes to Schools, Traffic Signals Pass-Through Finance Border Colonias, County Energy Sector Roads, etc. 5
Local Government Projects Program Must comply with applicable state and federal rules based upon funding program Key federal funding principles • Federal-aid funds shall not participate in any cost that is not incurred in conformity with applicable federal and state law • Federal funds shall not be paid on account of any cost incurred prior to authorization by the administrator • The state highway department may utilize, under its supervision, the services of well-qualified and suitably equipped engineering organizations • The state highway department is not relieved of its responsibilities under federal law and the regulations in the event it utilizes the services of any engineering organization 6
Local Government Projects Program Typically, TxDOT participation for all of these agreement types is a reimbursement program – LG incurs cost and seeks reimbursement from TxDOT – TxDOT (upon approval of LG documentation) pays LG – If federally funded project: • TxDOT seeks reimbursement from FHWA • FHWA (upon approval of documentation) pays TxDOT 7
Local Government Projects Program LG Risk Assessment Process - in response to Federal Uniform Guidance – 2 CFR §200.331 - All pass-through entities must evaluate each subrecipient’s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring This includes consideration of: • LG previous experience in doing the proposed type of work • LG capability to perform the work • Need for project expedition • Available TxDOT resources • Cost effectiveness of available options 8
Local Government Projects Program Periodic LG Agency-wide risk assessment – Every 1-2 years based upon previous assessment Review of LG qualifications and capabilities for each project prior to execution of AFA Periodic review of LG project performance on existing projects – Following LG Agency-wide risk assessment cycle 9
Local Government Projects Program Evaluation is qualitative by TxDOT personnel – Will use professional judgement, be fair, strive for consistency – Grades in 8 categories plus overall grade – Overall score is not a numerical calculation Will include brief comments to explain rating in each category Will share with LG Grading Scale: Low level of risk to TxDOT A Moderate level of risk to TxDOT B High level of risk to TxDOT C Unacceptable level of risk to TxDOT D 10
Local Government Projects Program Projects are initiated by signing of a contract between TxDOT and LG - Advance Funding Agreement – Defines roles and responsibilities of each party – Defines cost participation for each party Sample Master AFA: www.txdot.gov/inside-txdot/forms-publications/consultants- contractors/forms/design.html 11
Local Government Projects Program • Typical AFA contract clauses: – Financial commitments – Applicable federal provisions – Termination clauses • Form 1273 • Civil rights compliance – Right of way and real property • DBE program – Utilities • Debarment certifications – Environmental assessment and • Anti-lobbying certification mitigation • Etc. – Use of professional services – Applicable state provisions – Design criteria • Child support documentation – Construction responsibilities • TDLR review – Non-construction agreement • Etc. commitments 12
Local Government Projects Program Prior to beginning work, the LG and TxDOT will each designate, in writing, a Responsible Person In Charge (RPIC) who is accountable for the project TxDOT’s RPIC must be a LG’s RPIC must be a full-time full-time employee of TxDOT employee of the LG who is also a registered professional engineer 13
Local Government Projects Program Each Each Administer project activities (cost, time, scope, adherence to contract requirements, construction quality, etc.) RPIC is RPIC is expected expected Maintain familiarity with day-to-day project operations (including to to project safety) perform perform Make or participate in decisions about change orders or the the supplemental agreements following following duties duties Visit and review the project regularly for for his/her his/her agency agency Review financial processes, transactions and documentation Direct his/her project staff (agency or consultant) at all stages of the project 14
Local Government Projects Program It is also anticipated that each agency (LG and TxDOT) will designate a Project Manager Responsible for daily oversight of the project Primary point of communication with the other agency for day-to-day matters May be the same person as the RPIC or may be a consultant 15
Local Government Projects Program LG is also required to have a “qualified” person actively involved in the project Must have completed the TxDOT Local Government Project Procedures (LGPP) training course* May be the same person as the RPIC or the Project Manager May be an agency employee or a consultant * Qualification must be renewed every 3 years 16
Local Government Projects Program Projects using state and/or federal funds and projects on the State Highway System* Adopt TxDOT processes, Submit alternate system for or procedures, standards, TxDOT pre-approval specifications * State Highway System (designated by Texas Transportation Commission) includes all interstates, U.S. routes, state highways, FM/RM roads, park roads, etc. 17
Local Government Projects Program FHWA Resource “Federal-Aid Essentials for Local Public Agencies” website • www.fhwa.dot.gov/federal-aidessentials • Informational videos and resources designed specifically for local public agencies 18
Local Government Projects Program TxDOT Resources Local Government Projects Office website www.txdot.gov • ― Government » Processes and Procedures » Local Government Projects Toolkit » http://www.txdot.gov/government/processes- procedures/lgp-toolkit.html ― Inside TxDOT » Programs » Local Government Projects » www.txdot.gov/inside-txdot/office/local- government-projects.html 19
Local Government Projects Program TxDOT Resources (cont’d) • Local Government Responsibilities for FHWA and TxDOT Funded Projects flyer • Local Government Projects Toolkit • LGPP training ― Registration available through website 20
Local Government Projects Program Tools are organized to align with phases of the project development process 21
Local Government Projects Program Websites Laws •Internal •State Single website •External •Federal Three major Online Regulations LGP documents Manuals LGP PM •State Policy Guide •Federal •Internal Manual •External – Policy Manual • Why - policies Local Government – Project Management Guide Projects Online Toolkit • What - procedures (website ) – Project Workbook • How - best practices LGP Direct links Workbook – Between each document – To external resources Too Tools & & Forms Forms •External •Internal 22
Updated Training LGPP Training – 12 hours with exam – 34 classes in FY 2016 for 623 students in 14 districts – 3 classes per month being scheduled for remainder of this fiscal year http://www.txdot.gov/government/programs/local-government-projects/training.html 23
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