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Section 3: District Responsibilities

TxDOT has responsibility for the construction of all federal-aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency. TxDOT is responsible for insuring that such projects receive adequate supervision and inspection to ensure that projects are completed in conformance with approved plans and specifications such as the DBE requirements as outlined in 49 CFR, Part 26. District staff should:

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  • Become familiar with the District’s role and responsibility in monitoring LGs for DBE program compliance. Refer to the Guidance for Local Governments document above.
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  • Become familiar with the LG’s DBE contract administration responsibilities. Refer to the Guidance for Local Governments document above.
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  • Provide the LG liaison the above resources (guide and checklist).
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  • Meet with the LG liaison to make sure he or she understands the LG’s DBE contract administration responsibilities. Provide technical assistance.
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  • Instruct the LG to use the checklist to document compliance with the DBE program requirements during the course of the project.
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  • Inform the LG to retain the checklist and to have it available for inspection by TxDOT district staff.
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  • Keep approved DBE commitments on file for each federal-aid project with a DBE goal.
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  • Obtain Form SMS.4903 “DBE Monthly Progress Report” from the LG (even if the DBE goal is zero).
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  • Update the “DBE Monthly Progress Report” spreadsheets and post on the LGPs’ SharePoint site by the 20th of every month. (Access to the SharePoint site is granted by the LGP section of TPP).
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  • Compare monthly DBE payments on the DBE Monthly Progress Report form with the system of record to verify amounts agree. If a determination is made that adjustments are needed, add comments on the Monthly Progress Report form.
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  • Adjustments to the DBE expenditure amounts (e.g. corrections or disallowance of DBE goal credit) must be completed within 30 days of discovery. Any required adjustments must be made to ensure that accurate expenditure information is reported to FHWA. Any discrepancies beyond the reporting period must be reported to CIV_Reporting@txdot.gov. The reporting periods to DOT include: October 1 through March 31 due on June 1 and April 30 to September 30 due on December 1.
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  • On a monthly basis, monitor the attainment of the project DBE goal.
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  • Conduct an audit of LG federally funded projects with an assigned DBE goal.
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    • Verify information on Form 2658.
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    • Assess LG’s contract administration of DBE program requirements.
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    • Make recommendations regarding corrective actions deemed necessary and appropriate.
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    • Provide technical assistance.
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    • Maintain compliance review report and supporting documentation.
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    • Follow-up on LG’s corrective actions and document corrective actions in a final audit report.
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    • At project close out, the District will conduct an audit to verify the DBE project goal and race-conscious DBE commitments have been met. If the goal or race-conscious DBE commitments have not been met, the District will review the LG’s and prime contractor’s explanation for the shortfalls. The District will notify the District LG project manager when the DBE goal requirements has been satisfied
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