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Section 3: Maintenance

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Overview

Local governments (LG) and TxDOT district offices have frequently cooperated in the maintenance of the state highway system. From a contractual perspective, this is done either through a municipal maintenance agreement or through an advance funding agreement for a specific project. The LG may assume all or part of the responsibility for maintenance in these agreements; however, the district remains the primary contact between TxDOT and the LG and, therefore, takes the lead in assuring projects are maintained in accordance with agreement provisions.

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Municipalities

The LG and TxDOT must follow state regulations related to maintenance activities and agreements within an incorporated city’s limits. Jurisdiction of highways, streets or roads within an incorporated city rests with the governing body of the incorporated city except on those declared as controlled access highways by the Texas Transportation Commission. TxDOT must enter into an agreement with each incorporated city for authority to construct, reconstruct, maintain, control, supervise and regulate the designated highways within the city’s limits and to establish the responsibilities of the department and the city.

Federal Requirements

  1. None found.

State Requirements

  1. Texas Transportation Code §203.003 – Specifies the jurisdiction of municipalities of roads within and incorporated city.
  2. Texas Transportation Code §221.002 and 43 TAC §29.5 – Provides that TxDOT must enter into an agreement with each incorporated city for authority to construct or maintain a highway within the city’s limits.
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Federally Funded Projects

All projects built with federal funds have an executed agreement between the Federal Highway Administration (FHWA) and TxDOT. One agreement provision requires maintenance of the completed project. TxDOT will normally perform the maintenance with state forces or through a contract with a private vendor. However, for projects off the state highway system, the LG must assure the project is maintained “satisfactorily.” Maintenance responsibilities will be outlined in either the project-specific advance funding agreement (AFA) or the Master AFA. Chapter 2 of the LGPP Manual and LGPM Guide contain more information on these two types of agreements. TxDOT and FHWA retain authority to periodically review federally funded projects and assess the LG’s efforts to maintain the project as designed.

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Comprehensive Maintenance Management Agreement

When the LG agrees to maintain the highway facility, a comprehensive maintenance management agreement (CMMA) must be approved and executed. TxDOT’s Maintenance Division serves as the approval agency for the CMMA.

Examples of areas of maintenance to be included in the agreement are in the Texas Turnpike Authority, Programmatic Comprehensive Development Agreement Book 3 (Design-Build), Chapter 19. The LGPM Guide provides the required practices and the responsibilities of the LG and TxDOT for these agreements.

Federal Requirement

  1. None found.

State Requirement

  1. The following laws and regulations allow the development of a CMMA for maintenance of a highway facility.
    1. Texas Transportation Code §§201.103, 203.003, 221.002, and 222.104
    2. 43 TAC Chapter 5, Subchapter E
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One-Year Maintenance Plans and Inspections

In addition to having a CMMA, each year a maintenance plan must be developed and submitted to TxDOT for approval at least 30 days before the beginning of the fiscal year. The plan shall follow the CMMA for items to be maintained by the LG. Each year the maintenance plan shall be updated and approved by TxDOT.

As specified in the AFA, regular inspections should be made by the LG to determine the condition of the highway in order to establish maintenance needs. TxDOT will make inspections to determine compliance with the maintenance requirements of the CMMA and one-year plan. The standard set in the CMMA may be revised by the one-year plan if approved by TxDOT.

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Material Specifications

Materials utilized in maintenance of the facilities on the state highway system must conform to the latest version of TxDOT’s Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges and must conform to TxDOT’s required special specifications and special provisions. TxDOT may approve the use of an alternative specification if the proposed alternative 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.

Materials utilized in maintenance of the facilities off the state highway system do not have to conform to TxDOT standards. However, if federal funds were used in the construction, the LG should use materials providing a comparable level of service and safety.

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Advance Funding Agreements for Specific Projects

AFAs for specific projects usually contain project-specific maintenance provisions. AFAs are described in more detail in Chapter 2 of this Manual.

For example, an enhancement project AFA requires the LG to maintain the project for a period of at least 10 years. Federally funded project AFAs usually require the LG to maintain the subject highway improvement indefinitely, as long as the highway is in use.

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