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Maintenance Management

Manual

Revised January 2008


© by Texas Department of Transportation
(512) 416-2055 all rights reserved
Manual Notice 2008-1
From: Zane L. Webb, P.E., Director, Maintenance Division

Manual: Maintenance Management Manual

Effective Date: January 01, 2008

Purpose

The online version of the Maintenance Management Manual, last revised October 1, 2003, has
been updated to delete specific information regarding when OCC reports incidents to the Federal
Highway Administration, with a link to the Occupational Safety Manual containing the most recent
version of that information. The purpose of this change is to make sure users of the Maintenance
Management Manual always have access to the most current information, which is maintained by
OCC.

Instructions

No actions are required of users.

Contents

The Maintenance Manual comprises four separate online manuals:


‹ Maintenance Management Manual
‹ Maintenance Operations Manual
‹ Use of Right of Way By Others Manual
‹ Snow & Ice Control Operations Manual

Contact

Address questions concerning information contained in the Manual Notice to Randy Ormsby at
(512) 416-3196.

Archives

Past manual notices are available in a PDF archive.


Table of Contents
Chapter 1 — Definitions and Planning
Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Section 2 — Definitions of Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3
Section 3 — Maintenance Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8

Chapter 2 — Budgeting
Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Section 2 — Maintenance and Operations Work Budget Process . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Section 3 — Contract Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Section 4 — Cash and Expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
Section 5 — Maintenance Emergency Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7

Chapter 3 — Level of Service


Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2
Section 2 — Level of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Section 3 — Environmental Best Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-8

Chapter 4 — Contracting and Purchasing


Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2
Section 2 — Routine Maintenance Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-3
Section 3 — Preventive Maintenance Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6
Section 4 — Emergency Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-7
Section 5 — Purchase of Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-9
Section 6 — Interagency Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-10
Section 7 — Inmate/Probationer Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-12
Section 8 — State Use Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-14
Section 9 — Material Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-15
Section 10 — Material Weight Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-16

Chapter 5 — Agreements, Permits and Reports


Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Section 2 — Municipal Maintenance Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3
Section 3 — Personal Injury and Property Damage Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Section 4 — River Water Use Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
Section 5 — Wetlands/Streambed Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
Section 6 — Storm Water Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9
Section 7 — Major Accident or Unusual Incident Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . 5-10

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Section 8 — Highway Condition Reporting System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-11
Section 9 — Storage Site Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-12

Chapter 6 — Management Information Systems


Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Section 2 — Maintenance Management Information System . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3
Section 3 — Pavement Management Information System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-5

Chapter 7 — Emergency Management


Section 1 — Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Section 2 — Disasters and National Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Section 3 — Federal Reimbursement Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Section 4 — Oil and Hazardous Material Spills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6

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Chapter 1
Definitions and Planning

Contents:
Section 1 — Overview
Section 2 — Definitions of Maintenance
Section 3 — Maintenance Plans

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Chapter 1 — Definitions and Planning Section 1 — Overview

Section 1
Overview

Introduction to Maintenance Management

The Maintenance Management Manual contains the following chapters:


‹ Chapter 1, Definitions, Planning and Scheduling: Provides guidance for maintenance
management.
‹ Chapter 2, Budgeting: Describes the maintenance budgets that are available to the districts to
maintain the state highway system.
‹ Chapter 3, Level of Service: Defines the appropriate level of maintenance and priorities placed
on the work. These levels can be used in planning, performing and evaluating maintenance
activities with available funds.
‹ Chapter 4, Contracting and Purchasing: Explains how TxDOT accomplishes its maintenance
mission by effectively supplementing its work force with routine maintenance contracts; pre-
ventive maintenance contracts; purchase of service; interagency contracts; state use program
agreements and emergency contracts.
‹ Chapter 5, Agreements, Permits and Reports: Identifies special reports and permits that can
apply to maintenance offices.
‹ Chapter 6, Management Information Systems: Describes the two main management systems
that can be used by maintenance staff for planning and evaluation of the level of service pro-
vided by maintenance operations.
‹ Chapter 7, Emergency Management: Identifies the department's responsibilities and provides
guidance for emergency response.

Purpose of this Chapter

The purpose of this chapter is to provide background information for maintenance management.
Section 2, "Definitions of Maintenance," includes guidelines and examples of routine, preventive
and major maintenance. Section 3, "Maintenance Plans." explains the basic elements required for a
one-year plan.

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Chapter 1 — Definitions and Planning Section 2 — Definitions of Maintenance

Section 2
Definitions of Maintenance

Purpose of Definitions

Categories have been designed to assist the districts in the performance of maintenance work and
are intended to identify work to be performed with maintenance funds. Maintenance funds should
not be used to perform construction work.

Definitions of Maintenance Work

Maintenance work is categorized into three areas:


‹ routine maintenance
‹ preventive maintenance
‹ major maintenance.
All three maintenance categories may be performed with state forces or by contract; however,
most preventive and major maintenance work should be contracted.
The following definitions of maintenance activities should be used in determining the type of
work activity when addressing planning and budgeting.

Contracted Work

The table below defines maintenance categories for contracted work.


Contracted Work

Routine Maintenance Preventive Maintenance Major Maintenance

Contracts for this work should be Contracts for this work should nor- Contracts for this work should be
developed as “Routine Mainte- mally be programmed through the developed according to the Design
nance Contracts” (RMC) through Transportation Planning and Pro- Division “2-R” standards and
the Construction/ Maintenance gramming Division as “Contracted should normally be programmed
Contract System (CMCS) and may Preventive Maintenance” (CPM) through the Transportation Plan-
be locally let if estimated to cost projects. ning and Programming Division as
less than $300,000. "Major Maintenance Program"
(MMP) projects.

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Chapter 1 — Definitions and Planning Section 2 — Definitions of Maintenance

Travel Way

The table below defines travel way maintenance categories.


Travel Way

Routine Maintenance Preventive Maintenance Major Maintenance

Pavement-related work to include Pavement-related work performed Pavement-related work to


restoration of pavement service- to prevent major deterioration of strengthen the pavement structure
ability including: recondition, the pavement. Work would nor- for the current and projected future
rebuild, level up, and overlay. This mally include, but not be limited traffic usage. Work should include:
would include, but not be limited to: milling or bituminous level-ups restoration of pavement service-
to: pavement repair, crack seal, to restore rideability, light overlays ability of roadway. This would
bituminous levelups with light (overlays not to exceed total aver- include but not be limited to:
overlays to restore rideability age depth of 2”), seal coats, crack recondition and stabilize base and
(overlays not to exceed total aver- sealing and microsurfacing. Prepa- subgrade, add base, level up, light
age depth of 2”), additional base to ratory work such as milling, repairs overlays (overlays not to exceed
restore rideability, and seal coats. or level-ups may also be total average depth of 2”) and seal
performed. coats. Pavement widening (to
achieve a maximum travel way
width of 26’) can be considered
maintenance if done to correct a
maintenance problem.

Shoulder and Side Approaches

The following table defines maintenance categories for shoulder and side approaches.
Shoulder and Side Approaches

Routine Maintenance Preventive Maintenance Major Maintenance

All shoulder work to restore to its All shoulder work to prevent major All shoulder work to restore to its
originally constructed condition deterioration of the pavement originally constructed condition
including: recondition, rebuild, including: milling or bituminous and/or to strengthen the pavement
level-up and overlay. This work level-ups to restore cross section, structure for the current and pro-
would also encompass installation light overlays (overlays not to jected future traffic usage,
and maintenance of public access exceed total average depth of 2”), including but not limited to: recon-
drives, crossovers, turn lanes and seal coats, crack sealing and micro- dition and/or stabilize base and
mailbox turnouts. surfacing. Shoulder repair and subgrade, add base, level up, light
widening not to exceed 26’ full overlays (overlays not to exceed
roadway width. total average depth of 2”) and seal
coats. Adding shoulders, if done to
correct a maintenance problem,
(maximum width of 4’ total for
both sides) can be considered
major maintenance.

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Chapter 1 — Definitions and Planning Section 2 — Definitions of Maintenance

Roadside

The table below defines roadside maintenance categories.


Roadside

Routine Maintenance Preventive Maintenance Major Maintenance

All work to maintain the roadside None. None.


including but not limited to: main-
tenance and operation of rest areas
and picnic areas, litter removal,
mowing, placing herbicides, tree
and brush trimming and removal,
repair and upgrading of guard rails
and extruder terminals, repairing
slides and side slopes, placing top-
soil, sod, shrubs, etc. to reestablish
proper grade and vegetative cover
and landscaping, removal or treat-
ment of roadside hazards,
installation and maintenance of
environmental protection devices,
and mitigation of spills or hazard-
ous materials.

Drainage

The table below defines maintenance categories for drainage.


Drainage

Routine Maintenance Preventive Maintenance Major Maintenance

Replacement, repair and installa- Removal of debris and siltation Constructing new drainage chan-
tion of curb, gutter, riprap and from channels to prevent damage nels or modification of drainage
underdrain; cleaning, repairing or to structures or flooding of road- structures to increase drainage
replacing culverts, storm sewers, ways. Repair or replacement of capacity. Performed only to cor-
erosion controls; reshaping drain- slopes and/or riprap to prevent rect a maintenance or safety
age ditches and channels. damage to structures or problem or to protect public or pri-
embankments. vate property.

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Chapter 1 — Definitions and Planning Section 2 — Definitions of Maintenance

Structures

The table below defines maintenance categories for structures.


Structures

Routine Maintenance Preventive Maintenance Major Maintenance

Repair of substructures, superstruc- Steel structure cleaning and Bridge rehabilitation, reconstruc-
tures, decks, joints, approach slabs repainting or the installation of tion, or replacement. Replacement
and railing; spot painting; repair other coatings; installation of of structures only as a result of
and operation of movable bridges; bridge deck protection; joint clean- major disaster when no other funds
installation of temporary bridges; ing and sealing or replacement. or programs are available.
repair and installation of fender
systems.

Traffic Operations

The following table describes maintenance categories for traffic operations.


Traffic Operations

Routine Maintenance Preventive Maintenance Major Maintenance

Installation, repair and replacement Replacement of striping, pavement Installation of new signal systems
of signs, delineators, illumination, graphics, raised pavement mark- to upgrade outdated designs.
signals and related appurtenances; ings, and rumble strips may be
installation and replacement of performed in conjunction with a
striping, pavement graphics, raised resurfacing operation.
pavement markings and rumble
strips; maintenance of traffic con-
trol cabinets and the corresponding
attachments (including but not lim-
ited to loop detectors, video
cameras, changeable message
signs, etc.).

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Chapter 1 — Definitions and Planning Section 2 — Definitions of Maintenance

Emergency Operations

The table below defines maintenance categories for emergency operations.


Emergency Operations

Routine Maintenance Preventive Maintenance Major Maintenance


Assistance to traffic during acci- None. None.
dents including traffic control,
removal of debris and spilled
cargo, and snow and ice control.
Assistance to traffic during other
natural disasters such as floods,
tornadoes, hurricanes and fires;
removal of debris from the road-
way after natural disasters. The
District Engineer determines that
immediate action is needed to
respond to imminent threat to life
or property or to prevent disruption
of the orderly flow of traffic and
commerce. Work off of the right of
way, such as assistance to cities,
counties and individuals, can be
performed only when directed by
the local Disaster District Chair-
man (usually the local Department
of Public Safety Captain), Director
of the Division of Emergency Man-
agement or the Governor.

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Chapter 1 — Definitions and Planning Section 3 — Maintenance Plans

Section 3
Maintenance Plans

Developing a Maintenance Plan

One of the most important items in maintenance management is developing a good plan to guide
operations within the district. Districts should develop long range strategies and one-year mainte-
nance work plans to implement those strategies. The one-year plan should be developed after the
respective district maintenance budget has been determined. The plan should be a result of analyz-
ing historical quantities of work performed and the resulting level of service.

Information on quantities of work may be found in the Maintenance Management Information Sys-
tem reports. Levels of service information can be found from the Pavement Management
Information System or the Texas Maintenance Assessment Program reports.

Plan Format

The format of the plan can be tailored to fit the district; however, the following items should be
considered:
‹ Construction—No major maintenance should be planned on sections of roads programmed for
construction or reconstruction.
‹ Rehabilitation or Resurfacing—Maintenance needed to prepare roads scheduled for rehabilita-
tion and/or preventive maintenance should be determined and planned. Work such as base
repairs, milling and inlay, edge repairs and blade level ups should be performed in advance to
insure proper curing and performance analysis before resurfacing.
‹ Special Priority Items—Items that have been given special priority or emphasis by the Admin-
istration, Division or District should be planned. Examples include:
z sign upgrade program
z safety upgrades (Guardrail extruder terminals, attenuator upgrades, etc.)
z bridge joint cleaning and sealing
z edge and spot sealing.
‹ Labor Intensive Activities—These activities should be analyzed to determine if more cost
effective measures can be performed. For example, a road that has a large amount of edge rav-
eling or failures should be patched and then edge sealed. The edge seal is a preventive
measure that will reduce future labor intensive patching.
‹ Section Plans—The maintenance plan should start at the maintenance section level and then
can be compiled to determine the district plan.
The following illustration shows how the one-year plan may be formatted.

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Chapter 1 — Definitions and Planning Section 3 — Maintenance Plans

Figure 1-1. Example of a one-year plan

Maintenance Budget

The maintenance plan should be converted into a maintenance budget. The following illustration is
an example of a maintenance budget.

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Chapter 1 — Definitions and Planning Section 3 — Maintenance Plans

Figure 1-2. Example of a maintenance budget

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Chapter 2
Budgeting

Contents:
Section 1 — Overview
Section 2 — Maintenance and Operations Work Budget Process
Section 3 — Contract Budget
Section 4 — Cash and Expenditures
Section 5 — Maintenance Emergency Fund

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Chapter 2 — Budgeting Section 1 — Overview

Section 1
Overview

Types of Budgets

Several maintenance budgets are available to the districts to maintain the state highway system:
‹ Routine Maintenance Budget — the operating budget for state force work. It includes salaries
for all employees in maintenance, utilities, equipment, equipment parts and repairs, and
materials.
‹ Contracted Routine Maintenance and Preventive Maintenance:
z The Routine Maintenance Contract Program is the budget for contracting routine mainte-
nance work.
z The Preventive Maintenance Program is the budget for all contracted preventive mainte-
nance work.
z The Interstate Maintenance Program is a federal program to perform maintenance and
rehabilitation on the interstate system.
‹ Maintenance Emergency Funds are available for unanticipated expenses. These funds will be
provided based on special request to the MNT Division.

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Chapter 2 — Budgeting Section 2 — Maintenance and Operations Work
Budget Process

Section 2
Maintenance and Operations Work Budget Process

Background

The Routine Maintenance Budget process is performed at the statewide and district levels.

Appropriation Process

The Administration balances the needs in all areas of the department and develops the Depart-
ment’s Legislative Appropriation Request (LAR). The LAR is submitted to the legislature in
accordance with Legislative Budget Board (LBB) procedures.

District Allocations

When the legislature passes an appropriation bill for the biennium, the Maintenance Division uses
various funding formulas to determine each district’s proposed budget.

Budget Formulas

Formulas were developed for each major work activity. The formulas are based upon applicable
factors for each activity. Factors include inventory of physical components and condition of those
components.

The following items are examples of these factors:


‹ number of lane miles, center line miles, daily truck miles, daily vehicle miles
‹ number of rest areas, picnic areas, signals
‹ area of bridges, roadside
‹ pavement condition scores.

Section Allocations

The district allocates funds to each maintenance section. The allocation of funds is coordinated
among the district maintenance office, each area engineer and the maintenance section office. The
district engineer makes final approval of allocated funds for the districts.

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Chapter 2 — Budgeting Section 2 — Maintenance and Operations Work
Budget Process

Warehouse and Equipment

The districts should determine their warehouse and equipment needs and submit their requests to
the Finance Division according to established guidelines.

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Chapter 2 — Budgeting Section 3 — Contract Budget

Section 3
Contract Budget

Routine Maintenance Contract Budget

The districts use the routine maintenance contract budget for local or state let Routine Maintenance
Contracts (RMC). Districts may let “local let” RMCs up to an estimated amount of $300,000. Any
projects estimated to cost over $300,000 must be let as a “state let” project through the Mainte-
nance Division. Districts have full authority to schedule and let projects without additional
approval. This is an actual budget and is allocated in conjunction with the maintenance and opera-
tions work budget.

Preventive Maintenance Program

The preventive maintenance budget is handled as a “bank balance” program with the districts
receiving formula-based allocations. The program addresses preventive maintenance to preserve
the existing state highway system (see definitions of maintenance in Chapter 1, “Definitions and
Planning”). The program is authorized by the Commission annually.

Up to 20 percent of “non-preventive” maintenance work can be performed with this program, but
only through the Maintenance Division's approval.

Interstate Maintenance Program

The Interstate Maintenance (IM) Program was authorized in the Transportation Efficiency Act of
1998 (TEA21). It is intended for use in maintaining the existing interstate highway system. IM
funds can only be expended on the interstate highway system and are intended for the maintenance,
preventive maintenance and rehabilitation of existing main lanes and structures. These types of
projects are programmed through the Transportation Planning and Programming Division.

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Chapter 2 — Budgeting Section 4 — Cash and Expenditures

Section 4
Cash and Expenditures

Department Accounting Systems

The department uses two accounting systems:


1. The department works on a cash-based budget. Budget reports reflect only those items that
affect cash. Budget monitoring reports are available at the section, district, and statewide lev-
els. Most maintenance charges (salaries, utilities, contractor payments, etc.) affect the budget
in the year they were performed or delivered. Capital equipment purchases however, affect the
budget in the year they are ordered. For example, a front-end loader ordered in July but not
delivered until October will affect the previous fiscal year budget.
2. Expenditures are reported in the Financial Information Management System (FIMS). Expen-
ditures are used to monitor the amount of activity for a particular account, function or road.
Expenditures are reported through the Material and Supply Management System (MSMS) for
material expenditures, the Equipment Operating System (EOS) for equipment expenditures,
and through the Salary and Labor Distribution System (SLDS) for labor expenditures. Expen-
ditures are the consumption of resources regardless of when they are purchased. For instance,
material purchased one fiscal year but not used until the next fiscal year will be accounted as
cash in the year it was purchased and as an expenditure in the year it was used.

How to Charge Routine Maintenance Expenditures

Routine maintenance expenditures are charged to FIMS Segment 78 to function codes shown on
Code Chart 12.

Where to Find More Information

See the Finance Division manuals for more information on available cash and expenditure reports.

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Chapter 2 — Budgeting Section 5 — Maintenance Emergency Fund

Section 5
Maintenance Emergency Fund

Contingency Fund

A contingency fund has been established to provide a budget for unusual, unanticipated expendi-
tures. This fund is only available for maintenance work in accordance with the definitions of
maintenance in Chapter 1, Section 2.

Requests should be made in a memorandum from the District Engineer to the Maintenance Divi-
sion Director. At a minimum, requests should include the following information:
‹ district
‹ county(ies)
‹ description of work to be performed
‹ cause of damage
‹ date of damage
‹ expected reimbursement amount
‹ amount of funds needed
‹ repair method (emergency contract, Routine Maintenance Contracts (RMC), state forces, etc.).

Typically, requests should be a minimum of $50,000 and should include a description of the event
that created the damage.

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Chapter 3
Level of Service

Contents:
Section 1 — Overview
Section 2 — Level of Service
Section 3 — Environmental Best Management

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Chapter 3 — Level of Service Section 1 — Overview

Section 1
Overview

Levels of Service

The level of service defines the appropriate level of maintenance and the priority placed on the
work. These levels can be used in planning, performing and evaluating the various maintenance
activities with available funds. Priorities for levels of service have been set for each of the three
possible levels of maintenance funding.
‹ desirable level (highest level of funding)
‹ acceptable level
‹ tolerable level (lowest level of funding)

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Chapter 3 — Level of Service Section 2 — Level of Service

Section 2
Level of Service

Purpose and Goal

The level of service for maintenance will serve as a guide for consistency in planning, performing
and evaluating the various maintenance activities with the funds available.

The primary goal of the department's maintenance efforts is to provide the best level of service pos-
sible with the funds available for the entire highway system.

Why Guidelines are Needed

Maintenance levels of service are needed to:


‹ effectively communicate maintenance planning and maintenance performance expectations
‹ aid in the evaluation of maintenance performance.

Definitions

It is important to understand the following terms when considering level of service guidelines:
‹ highway component—An identifiable or measurable aspect of the state highway system
including (for the purposes of these guidelines) specific pavement conditions.
‹ level of service—The condition at which a component of the state highway system should be
maintained under a given level of funding.
‹ level of funding—The level of legislative appropriations required to substantially maintain the
state highway system at a specific level of service, as established through the budgeting pro-
cess. The three levels of funding are:
z desirable (highest)
z acceptable
z tolerable (lowest)
‹ substantially maintained level of service—The level of service met or exceeded by 75 percent
of a given highway component.

Using the Guidelines

Each highway component should be substantially maintained at the level of service designated for
the current level of funding.

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Chapter 3 — Level of Service Section 2 — Level of Service

Maintenance Priorities

Maintenance priorities are set based on a logical progression of importance. The maintenance pri-
orities for all highway components are as follows:
Maintenance Priorities

Priority Description

1 Safety—Provide for the safety of the traveling public.

2 Protection of the investment—Protect the investment of public dollars in the state highway
system, its right of way and all its facilities.

3 User comfort—Provide for the comfort of the traveling public.

4 Aesthetics—Provide for the beauty and the attractiveness of the roadway and facilities.

The tables that follow list the levels of service for the major areas of maintenance.

Pavement Maintenance

The table below lists levels of service for pavement maintenance.


Pavement Maintenance

Condition Desirable Level Acceptable Level Tolerable Level

Longitudinal Rutting Maintain as follows: Maintain as follows: Maintain as follows:

0 - 500 ADT < ½ & 50% per WP < 1" & 50% per WP < 3" & 25% per WP

501 - 10,000 ADT < ½ & 50% WP < 1" & 50% WP < 3" & 25% per WP

10,001 & up ADT < ½ & 25% per WP < 1" & 25% per WP < 1" & 50% per WP

Alligator Cracking Maintain with no visi- Maintain with visible Maintain with visible
for all ADTs ble cracks cracks , ≤ 10% per WP cracks ≤ 50% per WP.

Ride Quality Maintain as follows: Maintain as follows: Maintain as follows:

0 - 500 ADT > 2.5 SI > 2.0 SI > 1.5 SI

501 - 10,000 ADT > 3.0 SI > 2.5 SI > 2.0 SI

10,001 & up ADT > 3.5 SI > 3.0 SI > 2.5 SI

Abbreviations: Wheel path (WP), serviceability index (SI), average daily traffic (ADT)

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Chapter 3 — Level of Service Section 2 — Level of Service

Roadside Maintenance

The table below lists levels of service for roadside maintenance.


Roadside Maintenance

Component Desirable Level Acceptable Level Tolerable Level

Vegetation Maintain in accordance Maintain in accordance Maintain in accordance


with Vegetation Man- with Vegetation Man- with Vegetation Man-
agement Manual as agement Manual as agement Manual as
follows: follows: follows:

0 - 3,000 ADT Level 4 Level 4 Level 4

3001 – 10,000 ADT Level 3 Level 4 Level 4

10,001 & Up ADT Level 2 Level 2 Level 3

Developed Urban Level 1 Level 1 Level 1

Litter Control Maintain as follows: Maintain as follows: Maintain as follows:

0 – 3000 ADT Spot pick-up spot pick-up Spot pick-up

3001 – 10,000 ADT <5 CF/AC <6 CF/AC <8 CF/AC

10,001 & Up ADT <4 CF/AC <5 CF/AC < 6 CF/AC

Pavement edges Maintain < 2" drop off. Maintain < 3" drop off. Maintain <3" drop off.

Drainage Maintain function with Maintain function with Same as Acceptable level.
minimum blockage, some blockage, ponding,
ponding, or erosion. or erosion with no dam-
age to highway or private
property.

Rest Areas 0-200 RA-ADT: 0-400 RA-ADT: 0-400 RA-ADT:


8 hrs/day 8 hrs/day 8 hrs/day
201-800 RA-ADT: 401-1000 RA-ADT: 401-1000 RA-ADT:
16 hrs/day 16 hrs/day 16 hrs/day
801 & up RA-ADT: 1001 & up RA-ADT: 1001 & up RA-ADT:
24 hrs/day 24 hrs/day 24 hrs/day

Picnic Areas Provide for the safety, Provide for the safety, Provide for the safety,
comfort, and conve- comfort, and conve- comfort, and conve-
nience of the traveling nience of the traveling nience of the traveling
public; clean, inviting public; Occasional litter, public; Occasional litter,
appearance with trash receptacles with trash receptacles
near capacity; few notice- near capacity; few notice-
able appearance defects able appearance defects
and minor graffiti. and minor graffiti.

Abbreviations: Cubic feet per acre (CF/AC), rest areas (RA), average daily traffic (ADT), vehicles per day
visiting rest area (RA-ADT)

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Chapter 3 — Level of Service Section 2 — Level of Service

Operations

The table below lists levels of service for operations.


Operations

Component Desirable Level Acceptable Level Tolerable Level

Safety Appurtenances Maintain all safety appur- Maintain all safety appur- Maintain all safety appur-
Includes guardrail, crash tenances to original tenances to original tenances to original
attenuators, concrete design standards; all design standards; all hard- design standards; all hard-
median barriers, driveway hardware functional; no ware functional; few ware functional; readily
culvert safety end treat- noticeable appearance noticeable appearance noticeable appearance
ment, etc. defects. defects. defects.

Illumination 90% of luminaries operat- 80% of luminaries operat- 70% of luminaries operat-
ing in each system; ing in each system; ing in each system;
hardware functional and hardware functional and hardware functional and
neat in appearance; no neat in appearance with neat in appearance with
rust on poles or anchor few noticeable defects; no readily noticeable defects;
bolts; no broken trans- rust on poles or anchor some rust on poles; no
former bases; no covers bolts; no broken trans- rust on anchor bolts; no
missing. former bases; no covers broken transformer bases;
missing. no covers missing.

Traffic Signals Maintain signal heads in Maintain signal heads in Maintain signal heads in
proper alignment; no proper alignment; no proper alignment; no
burned out bulbs; hard- burned out bulbs; hard- burned out bulbs; hard-
ware functional and neat ware functional with few ware functional with few
in appearance; no rust on noticeable appearance noticeable appearance
poles; efficient timing; no defects; no rust on poles; defects; no rust on poles;
unnecessary vehicle minimal unnecessary minimal unnecessary
delay. vehicle delay. vehicle delay.

Signs, Mailbox Supports Maintain all signs to orig- Maintain all signs to orig- Maintain regulatory and
and Delineators inal color; excellent night inal color, all visible at warning signs to original
visibility; none damaged night; posts straight with color, all visible at night
or missing; posts straight few noticeable appear- but from reduced dis-
and rust-free; all sign ance defects; most sign tance; readily noticeable
lights operational. Signs lights operational. Signs defects.
and mailboxes are on and mailboxes are on
approved breakaway approved breakaway
posts. posts.

Pavement Markings Maintain all markings to Maintain all markings to Maintain all markings to
be functional day and be functional day and be functional day and
night with no noticeable night; painted markings night; painted markings
defects, or change in rarely show wear; no readily show wear; reflec-
reflective pavement noticeable change in tive markers still
marking patterns due to reflective pavement functional with pattern
missing markers. marking patterns due to still apparent.
missing markers.

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Chapter 3 — Level of Service Section 2 — Level of Service

Bridge Maintenance

The table below lists levels of service for bridge maintenance.


Bridge Maintenance

Component Desirable Level Acceptable Tolerable Level

Bridges Maintain the following Maintain the following Maintain the following
Item & Item Number: BRINSAP inspection BRINSAP inspection BRINSAP inspection
record condition ratings: record condition ratings: record condition ratings:

Channel, Culverts, ≥8 ≥7 ≥6
Approaches

Deck, Superstructure, ≥8 ≥7 ≥5
Substructure

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Chapter 3 — Level of Service Section 3 — Environmental Best Management

Section 3
Environmental Best Management

Reserved for future section

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Chapter 4
Contracting and Purchasing

Contents:
Section 1 — Overview
Section 2 — Routine Maintenance Contracts
Section 3 — Preventive Maintenance Contracts
Section 4 — Emergency Contracts
Section 5 — Purchase of Services
Section 6 — Interagency Agreements
Section 7 — Inmate/Probationer Labor
Section 8 — State Use Program
Section 9 — Material Purchasing
Section 10 — Material Weight Verification

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Chapter 4 — Contracting and Purchasing Section 1 — Overview

Section 1
Overview

Purpose of Contracting and Purchasing

The Texas Department of Transportation accomplishes its maintenance mission by effectively sup-
plementing its work force with routine maintenance contracts, preventive maintenance contracts,
purchase of service (service purchase orders), interagency contracts, state use program agreements
and emergency contracts. A discussion of each of these valuable tools is included in this chapter.
In addition, this chapter briefly discusses material purchasing and verification of material weights.

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Chapter 4 — Contracting and Purchasing Section 2 — Routine Maintenance Contracts

Section 2
Routine Maintenance Contracts

When to Use Routine Maintenance Contracts (RMC)

Section 223.001 of the Texas Transportation Code requires that all contracts proposed by the
department for the improvement of a highway on the state highway system should be submitted for
competitive bids. The definition of “highway improvements” includes construction, reconstruc-
tion, and maintenance.

Use of the Construction and Maintenance Contracting System (CMCS)

CMCS facilitates the routine maintenance contracting process. (See CMCS District Users Manual
for information) The district develops and prepares all the routine maintenance project proposals.
When the proposal is complete and ready for letting, the district inputs the required information for
the proposed routine maintenance project into CMCS.

Locally Let Contracts

The district engineer has the authority to let, award or reject, and execute contracts estimated
under $300,000. This authority may not be delegated further.

State Let Contracts

State let contracts should be submitted to the Maintenance Division. The contract is reviewed, pro-
posals are sent to prospective bidders and the project is let. Bids are tabulated and
recommendations for awards or rejections are sent to the Texas Transportation Commission.

The Construction Division (CST) reviews all bid documentation and then sends a letter of “Award
of Contract” to the low bidder, requiring the low bidder to execute the contract and return it with a
Payment and/or Performance Bond within 15 calendar days. Upon receiving a positive response
from the contractor, CST will review the documentation and process through MNT to execute the
contracts. CST then forwards the fully executed contract to the contractor stating the following:
"The authorization for you to begin work on this maintenance contract will be sent to you by the
district office that is responsible for administering this contract." The original contract then will be
sent to the district for filing. The other copy is sent to the contractor. A more detailed explanation
of this process follows.

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Chapter 4 — Contracting and Purchasing Section 2 — Routine Maintenance Contracts

Contracts Let by State Headquarters

The following table shows the general process of state let routine maintenance contracting.
State Letting Process

Step Who Does It… What They Do…

1 Districts send documents to MNT.

2 MNT reviews completion of the documentation and approves for letting.

3 CST sends proposals to prospective bidders.

4 CST lets contract and tabulates bids.

5 CST forwards recommendations to Commission via MNT and tabulates for review and
assembling.

6 Commission awards or rejects.

7 Commission sends a letter awarding or rejecting contract.

8 Low Bidder executes contract and returns with bonds.

9 CST reviews documentation and forwards to MNT for signature.

10 MNT executes the contract.

11 CST forwards executed contract to contractor authorizing beginning of work and origi-
nal to district for filing.

12 District sends letter of authorization to begin work to contractor.

Justification for Awarding or Rejecting Contracts

Justification is required for award or rejection of contracts in the following situations:


‹ Projects with two or more bids where the low bidder is 20 percent or more over the engineer's
estimate.
‹ Projects with one bidder where the low bid is 10 percent or more over the engineer's estimate.
‹ Projects where all bids are rejected.

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Chapter 4 — Contracting and Purchasing Section 2 — Routine Maintenance Contracts

The table below lists the types of projects that require an Engineer's Seal and examples of those that
do not:
Engineer's Seal

Required for: Not Required for:

‹ Asphalt/concrete pavement repairs ‹ Rest area/picnic area maintenance


‹ Bridge rail repair/painting ‹ Mowing
‹ Bridge structure repair ‹ Removing/replacing pavement markers
‹ Bridge joint clean/seal or repair ‹ Retracing stripping
‹ Guardrail repair ‹ Sweeping highways
‹ Drainage repair/improvements ‹ Litter pickup
‹ Slope/riprap repair ‹ Landscape maintenance
‹ Safety lighting maintenance ‹ Tree trimming/brush removal
‹ Loop detector repair/replacement ‹ Cleaning drainage structures
‹ Sign/support maintenance
‹ Barrier fence repair
‹ Crack sealing

Contract Administration

See the Contract Administration Manual for Maintenance Projects for information on pre- and
post-award activities and administering the contract.

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Chapter 4 — Contracting and Purchasing Section 3 — Preventive Maintenance Contracts

Section 3
Preventive Maintenance Contracts

Preventive Maintenance Contracts (CPM)

The CPM program was originally created under Commission Minute Order #85883 on June 30,
1987. The purpose of the CPM program is to prevent major deterioration to roadways and bridges
through a planned cycle of seal coats, overlays, cleaning and sealing joints in concrete pavement or
bridge decks, painting of bridges and other related work. CPM projects are programmed through
the Transportation Planning and Programming Division and let through the Design Division and
the Construction Division.

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Chapter 4 — Contracting and Purchasing Section 4 — Emergency Contracts

Section 4
Emergency Contracts

Authority for Expediting Emergency Contracts

Section 223.102 of the Texas Transportation Code authorizes the department to promulgate rules
for the expedited award of emergency contracts. The rules outlining emergency contract proce-
dures published at Title 43, Texas Administrative Code, Chapter 9.

Certification of Emergency

When a district desires to let an emergency contract, the district engineer determines the need. The
district engineer must immediately notify the Deputy Executive Director and request certification
of the emergency. The Deputy Executive Director must certify the emergency in writing before an
emergency contract can be awarded.

Awarding of Contract

After the emergency is certified, the district engineer solicits bids and awards the contract to the
best or lowest bidder. The district engineer has the authority to sign the contract on behalf of the
department. This authority cannot be delegated further. The contract is prepared and executed no
later than twenty-four hours after work begins. Detailed information about emergency contract
procedures can be obtained from the Contracts for Emergency Work, Contract Procedure Manual.

No later than twenty-four hours after the contract is awarded, the district engineer informs the Dep-
uty Executive Director of the award though the Maintenance Division. The Deputy Executive
Director then informs each member of the Commission that an emergency contract has been
awarded and describes the details of the emergency conditions.

Process for Emergency Contracts

The following table outlines the emergency contract process.


Emergency Contract Process

Step Action

1 Emergency conditions occur.

2 District engineer determines that immediate action is needed to respond to imminent threat to
life or property or to prevent disruption of the orderly flow of traffic and commerce.

3 District engineer notifies Deputy Executive Director of the emergency condition and initiates
procedures for the award of an emergency contract.

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Chapter 4 — Contracting and Purchasing Section 4 — Emergency Contracts

Emergency Contract Process

Step Action

4 Deputy Executive Director certifies in writing that an emergency exists.

5 If possible, the district engineer contacts at least three eligible contractors and requests bids.

6 District engineer awards contract to the best or lowest bidder and notifies other bidders of the
award.

7 Contract is executed no later than twenty-four hours after work begins.

8 District engineer sends notice of award to the Maintenance Division for notification to the
Deputy Executive Director.

9 Deputy Executive Director provides each member of the Commission with details of the
emergency condition and award of contract.

10 District monitors performance under the contract, inspects and accepts completed work,
authorizes final payment and closes out the contract.

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Chapter 4 — Contracting and Purchasing Section 5 — Purchase of Services

Section 5
Purchase of Services

Definition of Service

Service is a business function supplemental to an operation that provides repairs, maintenance or


other useful labor but does not produce a complete project. For work on the highway right of way,
the sum of the service purchase order should not exceed 49 percent of the total cost of the opera-
tion. Generally, incidental materials included in a service should not exceed 20 percent of the total
cost of the service.

For More Information

Refer to the Purchasing Manual for more information concerning the purchase of services.

Typical Example

The following is a typical example of purchase of services:

A district needs a laydown machine with operators. State forces will perform all of the other tasks
associated with the project, including traffic control, providing and hauling material, tack coat and
rolling. The service purchased merely supplements state forces to complete the project and is only
a small portion of the work.

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Chapter 4 — Contracting and Purchasing Section 6 — Interagency Agreements

Section 6
Interagency Agreements

Authority

The Interagency Cooperation Act, Chapter 771 of the Government Code, authorizes state agencies
to contract with one another when special or technical services are needed and internal resources
are not available to the agency needing the service. This act also provides for the performing
agency to be reimbursed by the receiving agency for the actual cost of those services. For the reim-
bursement process, refer to the Financial Management Policy Manual.

Interagency Exchanges of Less Than $50,000

Interagency exchanges of less than $50,000 are exempt from the requirements of a written agree-
ment or contract. Agencies involved with this type of exchange will document the exchange with
an informal letter agreement. The division director or district engineer will sign letter agreements.
A sample letter agreement for interagency exchanges of less than $50,000 is pictured below.

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Chapter 4 — Contracting and Purchasing Section 6 — Interagency Agreements

Figure 4-1. Sample letter agreement for interagency exchange of less than $50,000

Interagency Exchanges of More Than $50,000

An interagency exchange of more than $50,000 requires a contract and must be executed by a dep-
uty, assistant executive director or Contract Services Office (CSO) director. These contracts would
be processed through the Maintenance Division and CSO.

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Chapter 4 — Contracting and Purchasing Section 7 — Inmate/Probationer Labor

Section 7
Inmate/Probationer Labor

Background

TxDOT has developed agreements that can be used by districts to perform specified maintenance
work using inmate or adult probationer labor. These agreements can be executed with the local
jurisdictions of the county commissioners court, sheriff's department, Texas Department of Crimi-
nal Justice or the local Community Supervision and Corrections Department, as appropriate.

These agreements should be considered as a supplement to the Routine Maintenance Contracts


(RMC) and State Use Program and should not displace any work normally performed by those
methods.

Some examples of maintenance work that may be suitable for inmate/probationer labor are:
‹ removal of litter, graffiti and debris
‹ brush clearing
‹ trimming vegetation
‹ planting trees and wild flowers and performing other landscape maintenance activities
‹ cleaning signs and delineators
‹ painting picnic tables, buildings, curbs, crosswalks, litter barrels, guardrail and sign posts
‹ street-sweeping and silt removal from curb and gutter sections.

Texas Department of Criminal Justice Memorandum of Agreement for Inmate Labor

The department has executed a Memorandum of Agreement (MOA) with the Texas Department of
Criminal Justice (TDCJ) for inmate labor. A work order should be executed between the depart-
ment and the local TDCJ unit for each specific project. Types of projects suitable for TDCJ labor
are those that do not require a set frequency or a specific start and/or completion date. Short-term
projects that may be interrupted without significant consequences are preferred by TDCJ.

Sheriff's Department Agreement For County Inmate Labor

An agreement for the use of county inmate labor may be executed between the department and a
local county sheriff's department. In some cases, the sheriff's department may defer to the county
commissioners court for execution of the agreement.

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Chapter 4 — Contracting and Purchasing Section 7 — Inmate/Probationer Labor

Community Supervision and Corrections Department (CSCD)

An agreement for adult probationer labor may be executed between the department and the local
CSCD.

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Chapter 4 — Contracting and Purchasing Section 8 — State Use Program

Section 8
State Use Program

Authority

The Human Resource Code, Chapter 122, "Committee on Purchases of Products and Services of
Blind and Severely Disabled Persons," provides the statutory authority for the State Use Program,
previously known as the "Set Aside Program".

Background

The objective of the State Use Program is to provide employment to Texans with disabilities
through Community Rehabilitation Programs (CRP), who can provide services and/or products
while, at the same time, providing government agencies with a means of accomplishing work. This
program is Texas Industries for the Blind and Handicapped (TIBH) Incorporated. In 1975, the leg-
islature mandated the establishment of a program through which state agencies would purchase
products and services produced by workers with disabilities. The law requires the use of this pro-
gram if a CRP can provide the needed service on time for a fair market value.

Process

Detailed State Use Program procedures are contained in the State Use Program Manual of Contract
Procedures. A summary of the process follows.
Process for State Use Contracts

Stage Description

1 The district establishes a need to contract, evaluates the possibility of implementing a State Use
Program contract and develops the technical analysis.

2 TIBH, using input from TxDOT staff, selects a CRP to perform the service.

3 Representatives from TxDOT, TIBH and the CRP meet to review the technical analysis, evalu-
ate the provider's cost, develop the scope of work and negotiate the contract. *

4 The standard State Use Program contract is prepared and executed. These contracts are signed
by the CRP, TIBH representative and the district engineer or his or her representative.

NOTE: Representatives from the Maintenance Division are available to assist in resolving any
issue.

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Chapter 4 — Contracting and Purchasing Section 9 — Material Purchasing

Section 9
Material Purchasing

Where to Find Purchasing Procedures

The Purchasing Manual outlines procedures for purchasing roadway maintenance materials.

Review by the Maintenance Division (MNT)

Materials that meet TxDOT approved specifications do not require review by MNT; however, the
General Services Division (GSD) routes material requests not meeting specifications to MNT for
review and approval. Districts are encouraged to contact MNT to discuss use of a material with
which the district has limited or no experience before submitting a requisition to GSD.

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Chapter 4 — Contracting and Purchasing Section 10 — Material Weight Verification

Section 10
Material Weight Verification

Background

The department should confirm that the material weights used for department purchases are accu-
rate. For all materials delivered to maintenance projects and for use by maintenance personnel,
each district must develop and implement a program which will ensure that the weights of materials
received are correct when weight is the basis of payment. The weight verification program will
include a combination of procedures such as random-check weighing procedures, inspection of
scales, the use of portable scales for random weight checks and the observing of weighing at the
plant. The district, based on available resources and existing conditions, will determine the selec-
tion of the method or methods for verifying weights.

The procedures developed under this program should be used in conjunction with the requirements
of Standard Specification Item 6.7, Hauling of Divisible Materials Paid for by Mass or Truck Mea-
sure, and any other applicable special provisions or other requirements concerning delivery of
roadway materials contained in the bid proposal.

Notification to Suppliers of Verification Requirements

To ensure that the material shipments are documented by weight tickets from calibrated or certified
scales, Clause 44 A of the Open Market Standard Clauses prepared by the General Services Divi-
sion (GSD) should be placed on all proposals to bid.

To ensure that the suppliers are aware of the random sampling of weight for materials shipped on
trucks, Clause 77 A of the Open Market Standard Clauses should be placed on all proposals to bid.

To ensure that the suppliers are aware of the random sampling of weight for materials shipped by
the railroad, Clause 78 A of the Open Market Standard Clauses should be placed on all proposals to
bid.

NOTE: The standard clauses may be found at http://crossroads/org/gsd/pdf/stdcls.pdf.

Payment to Suppliers for Expenses Related to Verification

Payment for Rerouting: Payment for rerouted miles for the reweighing procedure must be shown
as a separate item on the invoice/billing statement. The number of additional miles, the date of the
rerouting and the number of loads must be detailed on the invoice/billing statement.

Payment for Additional Weighing: Purchase orders for road materials do not include payments
for additional weighings. The additional weighing must be purchased as a service as outlined in the

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Chapter 4 — Contracting and Purchasing Section 10 — Material Weight Verification

Purchasing Manual prepared by GSD. All payments for scale-weighing charges will be paid ini-
tially by the department to the company that does the weighing. In those cases where an infraction
exists, the scale-weighing charge must be deducted from the firm's invoice/billing statement for the
material. If the rerouted mileage charge is shown on the invoice/billing statement, it must also be
deducted. All deductions must be fully explained on the invoice/billing statement. Payment of
materials received will be based on the new corrected weight ticket. A copy of the new corrected
weight ticket must be returned to the vendor along with the warrant.

Verifying Weights

The weight verification program should be uniform throughout the state. In order to accomplish
this, the following guidelines are suggested:

Certification of Scales: Whenever possible, a qualified employee of the department should


observe the plant weighing operations, check the scales and insure that the scales have either a cur-
rent certification by the Department of Agriculture or a report of calibration by an approved
commercial scale company. The Department of Agriculture generally certifies commercial public
scales once a year. When material is purchased and weighed out-of-state, the weighing should be
done on scales certified by that state's certifying agency or a commercial scale company. In lieu of
the certification by the Department of Agriculture or out-of-state certifying agency, the supplier
may furnish a report of calibration from a commercial scale company approved by the Texas
Department of Transportation. This report must certify that the scales meet the requirements of the
item "Weighing and Measuring Equipment" of the Standard Specifications for Construction of
Highways, Streets and Bridges Rev. 93. The supplier should also provide this type of report after
the repair of malfunctioning scales. Either a report of calibration or certification will be required on
all scales.

Checking Weights—100% Sample: If only a few loads of material are being obtained from a
supplier or if the supplier is located nearby, the weights may be verified by observing the weighing
of all loads.

Checking Weights—Random Selection: Check weights by random selection whenever possible.

Shipments by Motor Vehicle

The procedures for checking vehicle weights by random selection of the loads should provide that
the loads are checked as near to the delivery point as possible. The rerouting of delivery vehicles
should be kept to a minimum. A 5 percent sampling per supplier is suggested. However, in those
cases where the amount of material to be delivered is very small (i.e., 75 tons or less) sampling may
be waived at the district engineer's discretion. The requirement for certified weights should suffice.
A random selection of these very small-quantity suppliers would be checked in this instance.

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Chapter 4 — Contracting and Purchasing Section 10 — Material Weight Verification

In any case, the state should reserve the right to reweigh every load. To ensure the validity of this
procedure, the supplier and those indirectly involved in furnishing the material should not be
informed before delivery which shipment is to be check weighed. The check weighing can be
either on commercial scales or on portable scales but must be observed by a department employee.

The following guidelines apply to the use of commercial scales:


Guidelines for Commercial Scales

If... then...

the observed net weight is within 1000 pounds of the the net load shown on the supplier's weight ticket is
supplier's weight acceptable.

the random sample is not within plus or minus 1000 ‹ issue a new ticket showing the corrected weights.
pounds of the net load shown on the supplier's weight ‹ as soon as possible, begin reweighing all loads and
ticket continue to do so until three consecutive loads are
within the 1000 pound tolerance.
‹ resume random sampling.

a trend of significantly erroneous weight develops ‹ make arrangements with the supplier to recheck
(even if the tolerance is never exceeded) his scales and weighing procedures.
‹ discontinue all material shipments until the prob-
lem is corrected.

In lieu of reweighing on commercial scales, portable scales may be used. Portable scales may be
especially useful when a certified commercial scale is not readily available to do the reweighing.
The following guidelines apply to the use of portable scales:
‹ Calibration of portable scales must be kept current.
‹ Since portable scales cannot be certified by the Department of Agriculture for this type of
weighing operations, the observed weights should be used only as a check and not for
payment.
‹ If a trend of erroneous weights develops, the shipments should be rerouted to commercial
scales. Concurrently, arrangements should be made with the supplier to recheck his scales and
weighing procedures. All material shipments should be discontinued until the problem is
corrected.

Shipments by Rail

Random selection of rail shipments also is to be done whenever resources and existing conditions
permit. A suggested frequency for reweighing in districts that often receive rail shipments is three
shipment checks each year.

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Chapter 4 — Contracting and Purchasing Section 10 — Material Weight Verification

If reweighing on a local rail scale is feasible, all cars of the shipment would be reweighed under the
following guidelines:
Reweighing on Rail Scales

If… then…

the total of the checked set of gross weights is within the net loads shown on the supplier's weight tickets
0.8% of the total of the supplier's net weights for the are acceptable.
reweighed rail cars

the total of the checked set of gross weights is not issue new tickets showing corrected weights for
within 0.8% of the total of the supplier's net weights payment.
for the reweighed rail cars

If reweighing on a local rail scale is not feasible, a minimum of four rail cars would be selected and
meticulously unloaded into tarred vehicles for weighing. The commercial vehicle scales should
satisfy the same calibration requirements as required of the supplier's scales. Use the following
guidelines for reweighing rail shipments on commercial vehicle scales:
Reweighing on Commercial Vehicle Scales

If… then…

if the total of all vehicle scale net weights is within the net loads shown on the supplier's weight tickets
1.0% of the total of the supplier's net weights for the are acceptable
reweighed rail cars

if the total of all vehicle scale net weights is not ‹ issue new tickets showing corrected weights
within 1.0% of the total of the supplier's net weights ‹ adjust weight tickets of the remaining cars by the
for the reweighed rail cars percentage of the observed error*

NOTE: In lieu of this correction, the supplier may agree to have all rail cars reweighed at another
rail scale installation whose weights would then be used for payment.

If a trend of erroneous weights develops, arrangements should be made with the supplier to recheck
his scale and weighing procedures. The effects of moisture differences at times of weighing and
possible tare weight errors should also be considered and investigated. Use of the questioned scale
should be discontinued until the problem is corrected.

Record Keeping

A record-keeping system must be developed and kept current showing random sampling activities
and results, overloads, plant inspections, weighing procedure observations and other relevent infor-
mation. A copy of the supplier's plant certification or calibration will be retained in this file.

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Chapter 5
Agreements, Permits and Reports

Contents:
Section 1 — Overview
Section 2 — Municipal Maintenance Agreements
Section 3 — Personal Injury and Property Damage Claims
Section 4 — River Water Use Certification
Section 5 — Wetlands/Streambed Permits
Section 6 — Storm Water Management
Section 7 — Major Accident or Unusual Incident Reporting
Section 8 — Highway Condition Reporting System
Section 9 — Storage Site Agreements

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Chapter 5 — Agreements, Permits and Reports Section 1 — Overview

Section 1
Overview

Summary

This chapter identifies the following special reports and permits that can apply to maintenance
offices:
‹ Municipal Maintenance Agreements—This section explains the process of entering into agree-
ments 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.
‹ Personal Injury and Property Damage Claims—The two categories of claims and guidelines
for handling them are explained in this section. Refer these issues to the district office.
‹ River Water Use Certification—This section explains requirements for reporting the use of
public waters by the department.
‹ Wetlands/Streambed Permits—This section identifies permits that are required for work per-
formed on streambeds and/or wetlands.
‹ Storm Water Management—This section covers policies for maintaining water quality through
runoff control.
‹ Major Accident or Unusual Incident Reporting—This section covers the requirements for
reporting major accidents or unusual incidents.
‹ Highway Condition Reporting System (HCRS)—This section describes system that is used to
report highway conditions.
‹ Storage Site Agreements—This section describes the procedure for leasing storage facilities.

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Chapter 5 — Agreements, Permits and Reports Section 2 — Municipal Maintenance Agreements

Section 2
Municipal Maintenance Agreements

Purpose

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 Trans-
portation Commission, according to Transportation Code §203.003. It is necessary to 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 respon-
sibilities of the department and the city, in accordance with Minute Order 58588.

Execution

A Municipal Maintenance Agreement should be executed with every incorporated city within the
state that is crossed by a state highway. The Municipal Maintenance Agreement should be exe-
cuted in duplicate; one copy is required for the city and one for the district. In addition to the
agreement, it is necessary to secure a copy of the authorization for the city to enter into an agree-
ment. Typically, this authorization is a resolution or ordinance officially verified by the city
secretary.

Required Documentation

Refer to the table below to identify the appropriate forms for documentation.
Requirements for City Resolution or Ordinance

If the city charter requires: Then:

a resolution Form 1037 (Resolution) is the only documentation required.

an ordinance, and the city has a mayor, Form 1037 (Ordinance) is the only documentation required.

an ordinance, and the city has no mayor, Forms 1037-1 and 1037-2 are required.

When the responsibilities of each party have been defined and are in accordance with the policy,
then the agreement with the appropriate exhibits should be presented to the city for approval. Upon
approval by the city, the district engineer should execute the agreement for the state, provided the
agreement is satisfactory and in accordance with policy.

Exhibits

Exhibits delineating the division of responsibilities between the state and city may be shown in the
form of a map or a detailed listing of highways and duties.

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Chapter 5 — Agreements, Permits and Reports Section 2 — Municipal Maintenance Agreements

Revision

Approximately every two years, the Municipal Maintenance Agreements should be reviewed. If
changes are required, the exhibits to the agreement should be revised to include the changes. These
changes should reflect addition of new routes, revised routes, changes in city limits and abandoned
routes. Revisions in the municipality's or the state's responsibilities should not be made.

Inactive Cities

A number of communities have incorporated for purposes of securing federal grants for water and
sewer systems or other purposes, but they do not have an active city government. In these cases, a
Municipal Maintenance Agreement cannot be executed; therefore, the highways within these cities
should be treated as rural sections.

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Chapter 5 — Agreements, Permits and Reports Section 3 — Personal Injury and Property Damage
Claims

Section 3
Personal Injury and Property Damage Claims

Types of Claims

The department typically deals with two types of claims:


‹ claims against the department or its employees
‹ damage claims by the department against an individual, company or organization for damage
to a highway facility.

Claims Against the Department

When a district or division is notified of a claim against the department, the Occupational Safety
Division (OCC) should be notified immediately. No information should be volunteered without
proper coordination through OCC. Refer to the Occupational Safety Manual on Crossroads for
details.

Damage Claims

Refer to the Financial Management Policy Manual on Crossroads for information on damage
claims.

It is extremely important to investigate damage caused to the state highway system by others. If the
responsible party can be identified, claims should be filed.

Claims resulting in a substantial reimbursement to the department can be transferred back to the
district's budget. The normal threshold for transferring reimbursement to the districts is an aggre-
gate of $50,000.00. This could be accomplished from multiple or individual claims.

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Chapter 5 — Agreements, Permits and Reports Section 4 — River Water Use Certification

Section 4
River Water Use Certification

Authority

By authority of an Order of the Texas Water Rights Commission (currently known as the Texas
Commission on Environmental Quality) dated September 11, 1968, the department is authorized to
take and use small amounts (truck tanks) of water from public sources for maintenance and repair
of the state highway system.

Reporting

The department is required to file a report with the Texas Commission on Environmental Quality
stating the amount of unmetered public waters used for this purpose during each calendar year. The
Maintenance Division reports this information to the Texas Commission on Environmental Quality.
Accordingly, each district must submit an annual estimate of this usage to the Maintenance Divi-
sion on or before February 15.

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Chapter 5 — Agreements, Permits and Reports Section 5 — Wetlands/Streambed Permits

Section 5
Wetlands/Streambed Permits

Clean Water Act

Section 404 of the Federal Water Pollution Control Act Amendments of 1977 (Clean Water Act)
authorizes the U.S. Army Corps of Engineers (Corps) to regulate material removed from or placed
into waters of the United States. The jurisdiction of this law includes not only navigable waters but
most other waters and wetlands adjacent to such waters. In some cases, even stock ponds, barrow
ditches and drainage channels may be considered "waters of the United States."

Wetland Defined

The Corps and the U.S. Environmental Protection Agency (EPA) jointly define wetlands as "those
areas that are inundated or saturated by surface or ground water at a frequency and duration suffi-
cient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions."

Three characteristics identify wetlands: vegetation, soil and hydrology. Indicators of all three must
be present during some part of the growing season for an area to be a wetland. The area may be a
wetland if any of the following exist:
‹ The area is in a floodplain or has low spots in which water stands at or above the soil surface
during the growing season. Caution: Many wetlands lack both standing water and water-
logged soils during at least part of the growing season
‹ The area has plant communities that commonly grow in areas with standing water for part of
the growing season. Examples include cypress swamps, cordgrass marshes, and cattail
marshes.
‹ The area is periodically flooded by tides, even if only by strong, wind-driven or spring tides.

Activities That Require Permits

Activities in wetlands or streambeds that may require a permit include, but are not limited to:
‹ placement of fill material
‹ excavation
‹ levee and dike construction
‹ mechanized land clearing
‹ bridge and road construction

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Chapter 5 — Agreements, Permits and Reports Section 5 — Wetlands/Streambed Permits

Before beginning any work in streambeds or suspected wetlands, the district environmental staff
must contact the Environmental Affairs Division (ENV) to determine if a permit is needed.

Notice of Intent (NOI)

Contact ENV prior to any storm water construction permit process for the latest "EPA Storm Water
Notice of Intent and Notice of Termination Guidance." The EPA provides the following forms:
‹ Notice of Intent for Storm Water Discharges Associated with Construction Activity Under a
NPDES General Permit, Form 3510-6 (8-98)
‹ Notice of Termination (NOT) of Coverage Under a National Pollutant Discharge Elimination
System (NPDES) General Permit for Storm Water Discharges Associated with Industrial
Activity, Form 3510-7 (8-92)
‹ Notice of Intent (NOI) for Storm Water Discharges Associated with Construction Activity to
be Covered Under a NPDES Permit, Form 3510-9.

Permit Summary

Contact the U.S. Army Corps of Engineers for the "Nationwide Permit Summary," which includes
policies, practices, procedures and structures implemented to mitigate the adverse environmental
effects on surface water quality resulting from development. The "Application for Department of
the Army Permit" (33 CFR 325) should be completed and submitted to the U.S. Army Corps of
Engineers district engineer having jurisdiction over the location of the proposed activity.

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Chapter 5 — Agreements, Permits and Reports Section 6 — Storm Water Management

Section 6
Storm Water Management

Introduction

Maintenance of the highway system should be performed not only with the goals of safety and effi-
ciency but also in an environmentally sensitive manner. One of the most important environmental
issues confronting the department is water quality. Runoff waters can deliver pollutants such as
heavy metals, hydrocarbons, toxic substances, rust particles and deicing chemicals to surface
waters.

Policy

The department should use best management practices when contracting for or performing mainte-
nance on the state's highways and rights-of-way. Although the publication "Storm Water
Management Guidelines for Construction Activities" was developed for construction, it is a good
guide and has measures that can be used directly for maintenance activities. One of the basic prin-
ciples is to ensure proper use, storage and disposal of materials to minimize and/or prevent storm
water pollution. The development and implementation of best management practices minimize
runoff of contaminants from pavements and bridges.

Best Practices

Practices that help prevent or reduce storm water contamination are inexpensive and relatively easy
to implement. They include:
‹ protected and spill-proof storage of chemicals, pesticides, fertilizers, fuels, etc.
‹ prompt and proper cleanup and disposal of spills, waste products and soils that have accumu-
lated on roadways
‹ control of the dumping of petroleum wastes, nozzle cleaning fluids and other contaminants
onto the right of way

Regularly scheduled review and maintenance, as needed, should be performed on sediment traps,
retention ponds and other controls installed.

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Chapter 5 — Agreements, Permits and Reports Section 7 — Major Accident or Unusual Incident
Reporting

Section 7
Major Accident or Unusual Incident Reporting

Reporting

When any major accident or unusual incident occurs on the highway system which impedes traffic
movement or highway operations, or affects the highway facility through closure, detour or work
stoppage, notify the Occupational Safety Division (OCC). Refer to the Occupational Safety Proce-
dure Manual on Crossroads for an explanation of the types of accidents to report.

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Chapter 5 — Agreements, Permits and Reports Section 8 — Highway Condition Reporting System

Section 8
Highway Condition Reporting System

Purpose

The Highway Condition Reporting System (HCRS) allows the department to collect, process, and
disseminate accurate and timely highway condition information for all roads on the state highway
system. The major element of HCRS is the automated Highway Condition Report (HCR). The
Travel Division’s Highway Condition Report Manual contains more information.

Requirements

Districts are required to enter highway and weather conditions into the HCR every workday morn-
ing by 8:10 a.m. and to update the information as needed. Travelers, tourists, news media, public
agencies, and designated advisory services may access the information by calling TxDOT or
accessing TxDOT's web page.

Districts are required to report the following types of information:


‹ local national weather service forecasts
‹ highway conditions which close travel in one direction for more than four hours or create haz-
ardous travel including construction or maintenance sites, roadway or right of way damage,
major accidents or hazardous spills
‹ weather-related events which may cause unsafe driving conditions such as ice, sleet, snow,
floods, high winds or hurricanes.

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Chapter 5 — Agreements, Permits and Reports Section 9 — Storage Site Agreements

Section 9
Storage Site Agreements

General Procedure

Each district or division desiring to lease storage sites should furnish the Maintenance Division
(MNT) a memo giving detailed reasons why the storage site is necessary. The agreement should be
executed on the standard form for Storage Site Leases. The district engineer should sign the agree-
ment before it is submitted to MNT for execution and handling.

When leasing railroad property, the railroad company prepares a lease agreement that the depart-
ment must sign prior to final execution by the railroad.

Submission

Submit each lease to MNT a minimum of thirty days in advance of the effective date.

Payment

For payment procedures, refer to the Finance Division's Accounting Manual.

Storage Site Lease Agreement

See a sample storage site lease agreement.

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Chapter 6
Management Information Systems

Contents:
Section 1 — Overview
Section 2 — Maintenance Management Information System
Section 3 — Pavement Management Information System

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Chapter 6 — Management Information Systems Section 1 — Overview

Section 1
Overview

Introduction

Two main management systems can be used by maintenance personnel for planning and evaluating
the level of service provided by maintenance operations:
‹ Maintenance Management Information System (MMIS)
‹ Pavement Management Information System (PMIS).

Maintenance Management Information System (MMIS)

MMIS is used to provide data for planning and scheduling maintenance activities. This chapter
includes a brief introduction to this system. The system is described in more detail in the Mainte-
nance Management Information System (MMIS) Users Manual.

The Single Entry Screen System (SES) and the Construction Maintenance Contract System
(CMCS) inputs data into MMIS. More information on SES and CMCS can be found in the Con-
struction and Maintenance Contract System Manual.

Pavement Management Information System (PMIS)

Like MMIS, the PMIS provides standard reports used for evaluating and planning. This chapter
includes a brief introduction to this system. Detailed descriptions of PMIS are given in the elec-
tronic manual file for the Design Division functional manual Pavement Management Information
System. In addition, the Pavement Management Information System Rater's Manual provides
detailed descriptions and photos of pavement distress.

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Chapter 6 — Management Information Systems Section 2 — Maintenance Management Information
System

Section 2
Maintenance Management Information System

Maintenance Management Information System (MMIS) Defined

The MMIS is a mainframe information system that provides detailed statistics on highway mainte-
nance activities in order to accomplish the following:
‹ provide data on work load and cost of maintenance activities to support budgeting and plan-
ning efforts
‹ provide a tool for analyzing maintenance activities so that production efficiency can be
improved
‹ help identify sections of highway which qualify for rehabilitation
‹ document the work accomplished in order to support the department's budget requests to the
legislature
‹ provide data to compare costs of maintenance activities performed under contract with those
performed by state forces.

For more information on how to put data into MMIS or obtain reports from MMIS, see the Mainte-
nance Management Information System Users Manual.

Function Codes for Maintenance

Designated function codes categorize work activities. Maintenance work must be charged to
detailed function codes shown in Code Chart 12 of the Finance Division's Code Chart Manual.
Function codes are divided into eight general areas of maintenance work listed below:
Function Codes for Maintenance Work

Work Area Codes Description

100 series Base and Subgrade

200 series Bituminous Surface

300 series Concrete Pavement

400 series Shoulders & Approaches

500 series Roadside

600 series Bridge Maintenance

700 series Traffic Service

800 series Extraordinary Maintenance

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Chapter 6 — Management Information Systems Section 2 — Maintenance Management Information
System

Single Entry Screen System (SES) Defined

The department uses SES to input roadway maintenance data into the following four systems:
Single Entry Screen System

System Abbreviation Tracks

Maintenance Management Information System MMIS work performed

Salary and Labor Distribution System SLD employee time

Equipment Operations System EOS equipment use

Material Supply Management System MSMS material use

The department uses the Construction and Maintenance Contract System (CMCS) to input contract
maintenance activity data into MMIS.

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Chapter 6 — Management Information Systems Section 3 — Pavement Management Information
System

Section 3
Pavement Management Information System

Pavement Management Information System (PMIS) Defined

The PMIS is an automated system for storing, retrieving, analyzing, and reporting pavement condi-
tion information. It can be used to retrieve and analyze pavement information to compare
maintenance and rehabilitation treatment alternatives, monitor current pavement conditions, and
estimate total pavement needs. Detailed descriptions of the PMIS are given in the electronic manual
file for the Design Division's Pavement Management Information System (PMIS) User’s Manual.

Data Collected

PMIS contains pavement evaluation data on all major pavement types used in Texas, including
asphalt surfaced pavement, continuously reinforced concrete pavement and jointed concrete pave-
ment. These types of data include the following:
‹ distress data—describes surface defects
‹ ride quality data—measures pavement roughness
‹ deflection data—measures the structural strength of the pavement section
‹ skid resistance data—measures surface friction using the TxDOT Skid Truck.

Important Distress Data

Some of the most important data collected are visual distress and rutting data. This is basic infor-
mation that management at the section level may use to determine pavement maintenance needs.
Skid data, when applied in conjunction with accident studies, can also indicate maintenance priori-
ties for needed spot work with maintenance forces. It can also give valuable information for
developing the preventive maintenance program. The following table lists the visual distresses that
are collected for the three basic pavement types.
Visual Distresses, by Pavement Type

Pavement Type Distress How Rated

Flexible Pavement—Asphaltic Shallow Rutting Percent (of wheel path length)


Concrete Pavement on Surface
(ACP)

ACP Deep Rutting Percent (of wheel path length)

ACP Patching Percent (of lane area)

ACP Failures Total number

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Chapter 6 — Management Information Systems Section 3 — Pavement Management Information
System

Visual Distresses, by Pavement Type

Pavement Type Distress How Rated

ACP Alligator Cracking Percent (of wheel path area)

ACP Block Cracking Percent (of lane area)

ACP Longitudinal Cracking Length per station

ACP Transverse Cracking Number per station

ACP Raveling (optional) None, low, med., or high

ACP Flushing (optional) None, low, med., or high

Continuously Reinforced Con- Spalled Cracks Total number


crete Pavement (CRCP)

(CRCP) Punchouts (failures) Total number

(CRCP) Asphalt Patches Total number

(CRCP) Concrete Patches Total number

(CRCP) Average Crack Spacing Feet

Jointed Concrete Pavement (JCP) Failed Joints and Cracks Total number

(JCP) Failures Total number

(JCP) Shattered Slabs Total number

(JCP) Slabs With Longitudinal Cracks Total number

(JCP) Concrete Patches Total number

(JCP) Joint Spacing Feet

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Chapter 7
Emergency Management

Contents:
Section 1 — Overview
Section 2 — Disasters and National Emergencies
Section 3 — Federal Reimbursement Programs
Section 4 — Oil and Hazardous Material Spills

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Chapter 7 — Emergency Management Section 1 — Overview

Section 1
Overview

Purpose of This Section

Manmade and natural emergencies by their very nature are difficult to handle. This section pro-
vides guidance for emergency response.

Authority

The Texas Emergency Management Plan was issued under the authority of the Texas Disaster Act
of 1975, Chapter 418 of the Texas Government Code.

Natural and Manmade Disasters

The State Emergency Management Plan identifies the responsibilities of all appropriate state agen-
cies. Copies of the plan should be in each district office. The Maintenance Division (MNT) is
responsible for coordinating department disaster operations.

Role of the Department

During any major emergency or disaster, the department may be required to provide assistance both
on and off the right of way due to its personnel and equipment resources. Disaster emergency ser-
vices provided to the public by the department should be in accordance with the State Emergency
Management Plan. Each district must develop and distribute standard operating procedures for
emergency preparation, response and recovery. All employees must be trained in the standard
operating procedures.

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Chapter 7 — Emergency Management Section 2 — Disasters and National Emergencies

Section 2
Disasters and National Emergencies

General Policy in All Disasters

When requested by the disaster district chairperson, the department has the authority to perform
emergency operations off the state highway system. Where it is not possible to coordinate emer-
gency response activities and requirements with MNT due to lack of communications or time
sensitivity, emergency response may be implemented as deemed appropriate.

Governor's Division of Emergency Management (DEM)

The Governor, by executive order, has appointed the director of the Texas Department of Public
Safety (DPS) as director of the DEM. The director is also designated chairman of the State Emer-
gency Management Council. DEM administers the statewide comprehensive emergency
management plan and keeps the Governor informed of emergency situations which might call for
the use of state resources.

State Emergency Management Council

The State Emergency Management Council has been established to include representatives of each
agency of state government whose legal functions relate to important phases of emergency manage-
ment. The Council will advise and assist in all matters relating to disaster preparedness, emergency
response, and disaster recovery. MNT serves on the Emergency Management Council to coordi-
nate the department's overall emergency operations.

Disaster District Committees

The state is divided into "disaster districts" which utilize Department of Public Safety (DPS) dis-
trict and subdistrict boundaries. Disaster district committees consist of counterpart representatives
of each agency and departments having an emergency service function on the State Emergency
Management Council. The Highway Patrol captain of each DPS district or lieutenant of the DPS
subdistrict serves as the chairperson of this committee. This chairperson convenes the district
disaster committee in the event of a disaster or threat thereof, or as directed by the Division of
Emergency Management. Use of TxDOT resources off the highway is only authorized through the
disaster district chairperson, DEM director, DEM state coordinator or the Governor.

When mayors or county judges have exhausted their resources in attempts to manage, control or
mitigate the effects of an emergency or disaster, they may request state assistance through the disas-
ter committee chairperson.

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Chapter 7 — Emergency Management Section 2 — Disasters and National Emergencies

Disaster District Committee Chairperson

In the absence of a disaster declaration by the Governor, the disaster district chairperson may
request TxDOT assistance and support if, in the chairperson's opinion, the assistance is for lifesav-
ing operations or to relieve suffering and hardship as a result of a natural or man-made disaster
event.

State Emergency Response Team (SERT)

The SERT consists of representatives from state agencies and other appropriate organizations that
are equipped and prepared to deploy and operate in an area affected by a major disaster. Most
members of the SERT will be from areas of the state that were not affected by the event. TxDOT
will deploy MNT personnel to supplement the affected district performing damage assessment.

TxDOT has been assigned the following SERT responsibilities:


‹ conducting roadways assessments
‹ assessing and reporting impact to airports, ports and marine facilities in the disaster area
‹ coordinating roadway clearance and repair in the disaster area.

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Chapter 7 — Emergency Management Section 3 — Federal Reimbursement Programs

Section 3
Federal Reimbursement Programs

General Policy

For auditing and reimbursement purposes, cost records should be maintained for all emergency
operations accomplished, especially those operations performed in assisting local governments and
other agencies off the right-of-way. Refer to the Finance Division Manual for procedures to assign
task numbers to damage locations.

Federal Highway Administration (FHWA)

The FHWA administers Federal-Aid System Emergency Relief (ER) Funds for emergency and per-
manent repairs to facilities on the federal-aid system. This includes city and county roads
functionally classified Rural Major Collector or above. Temporary operations, emergency repairs,
and preliminary engineering including consultant work may proceed without prior FHWA
authorization.

Permanent restoration work should not be performed prior to FHWA authorization unless per-
formed as part of emergency repairs.

In addition to the actual repairs, ER funds may also be used for reasonable design and construction
engineering costs on approved projects.

To obtain emergency relief funds, all proposed projects must be prepared and submitted to the
FHWA though the Maintenance Division.

The districts are responsible for the state oversight of all Emergency Relief projects including those
with state forces. Detailed information about the state oversight can be found in the Contract
Administration Manual for Construction Projects.

Federal Emergency Management Agency Program (FEMA)

This program, administered by FEMA, provides for emergency and permanent repairs to facilities
on the state highway system, but off the federal-aid system. (Roads classified Rural Minor Collec-
tor or below.) In addition to the actual repairs, FEMA funds may also be used for engineering,
planning, supervision, design, and inspection.

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Chapter 7 — Emergency Management Section 4 — Oil and Hazardous Material Spills

Section 4
Oil and Hazardous Material Spills

Policy

Department personnel may only participate in containment, clean up, or neutralization of material
that has been determined to be non-hazardous to their health or safety.

Conditions for Use of TxDOT Personnel, Equipment, or Materials

Texas Water Code requires that the Texas Commission on Environmental Quality (TCEQ) and
TxDOT develop a contractual agreement whereby TxDOT may be used for spill and discharge
clean up throughout the state. The following conditions must be met:
‹ The TCEQ and TxDOT execute an Interagency Contract (IAC) each biennium that incorpo-
rates requirements of the Texas Water Code. A copy of this IAC is provided to each district.
‹ Clean-up activities performed under this contract generally are at locations off the right of way
and at sites that TCEQ has assumed responsibility for clean-up actions. Department personnel
should comply with the requirements contained in the Occupational Safety Manual when
requested to handle oil and hazardous materials.

Recommended Initial Response Actions

Only trained personnel should ever approach a fire or a spill. Containment, cleanup, or neutraliza-
tion of the hazardous material should be accomplished by individuals or organizations familiar with
or trained in such activities. The following steps should be considered general guidelines and may
not apply for all circumstances:
1. Notify law enforcement and fire department of roadway accident.
2. Survey the scene from a safe distance and determine the responsible person. Consult the
USDOT Emergency Response Guidebook for specific hazardous material information. From a
safe distance, determine the integrity of the container(s), determine the existence or possibility
of runoff, determine if any dead animals are near, evaluate the distressed nature of surrounding
vegetation. Evaluate any markings on containers. Assess the physical characteristics of the
material (color, solid, liquid, powder, or granules).
3. Using guidelines in the Emergency Response Guidebook, restrict access to the spill site. Keep
the public away from the hazard. Provide traffic control, as needed.
4. Notify supervisor by radio or telephone.

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Chapter 7 — Emergency Management Section 4 — Oil and Hazardous Material Spills

5. Supervisor should notify local fire department, Department of Public Safety, and district haz-
ardous materials coordinator. Supervisor should ensure that field personnel only conduct
traffic control from a safe distance from the spill.
6. Determine if a reportable discharge or spill has occurred and if so, the district hazardous mate-
rials coordinator should ensure TCEQ has been notified of the spill or release as soon as
possible but not later than 24 hours after the discovery of the spill or discharge. Provide the
following information, if possible:
z the name, address, and phone number of the person making the report
z the date, time, and location of the spill or discharge
z a specific description of the hazardous substance discharged or spilled
z an estimate of the quantity discharged or spilled
z the duration of the incident
z the name of the surface water affected or threatened by the discharge or spill
z the source of the discharge or spill
z a description of the extent of actual or potential harmful impact to the environment and an
identification of any environmentally sensitive areas or natural resources at risk
z the names, addresses, and telephone numbers of the responsible person and the contact
person at the location of the discharge or spill
z a description of any actions that have been taken, are being taken, and will be taken to
contain and respond to the discharge or spill
z any known or anticipated health risks
z the identity of any governmental representatives, including local authorities or third par-
ties, responding to the discharge or spill
z any other information that may be significant to the response action.

Abandoned Hazardous Materials

If hazardous materials are abandoned on TxDOT's right of way, and the responsible party cannot be
identified, it becomes TxDOT's responsibility to ensure proper disposal. It is recommended that a
blanket purchase order for containment, material identification, and material disposal be developed.
A blanket purchase order could also be used in non-emergency situations.

Responsibility: TxDOT personnel should follow standard safety procedures and report pertinent
information to their supervisor immediately. TxDOT supervisors should contact the district haz-
ardous materials coordinator and local law enforcement officials if needed. hazardous materials
coordinators should oversee removal and disposal when the responsible party cannot be identified.
TxDOT personnel likely to encounter abandoned hazardous materials require Hazardous Materials
Awareness Training.

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Chapter 7 — Emergency Management Section 4 — Oil and Hazardous Material Spills

Process:
‹ Waste is discovered by TxDOT personnel or is reported to TxDOT.
‹ Restrict access to material. Keep the public away from any hazard, and provide traffic control.
‹ Survey the scene from a safe distance. Access the integrity of the container(s);
z the existence or possibility of runoff
z if any dead animals are near the distressed nature of surrounding vegetation
z evaluate any markings on containers
z assess the physical characteristics of material
‹ If determined an emergency, due to location, material characteristics, etc., proceed directly to
contract for containment, material identification and material disposal.
‹ Determine responsible party.
z evaluate labeling on container(s) from a safe distance to determine whether a potential
responsible party can be identified
z contact party to pick up container(s)
z if responsible party cannot be identified, contact TCEQ regional office for possible assis-
tance in identifying the responsible party
z if material is assumed to be hazardous, contact for material identification (and disposal, if
appropriate).

Reference:

Texas Transportation Code, §§224.031 and 224.032

State of Texas Emergency Management Plan

Contracting: Contracting for cleanup, testing, and disposal is to be handled by:


‹ third party—trucking company or manufacturer
‹ TCEQ—should they assume responsibility for the clean-up
‹ district—purchasing personnel with the assistance of the General Services Division Purchasing
Section, if the responsible party is not taking appropriate actions or if TCEQ has not assumed
responsibility for the clean-up.

Hazardous Substance Spill Contingency Plan

The TCEQ is the lead agency in hazardous material spill response. Emergencies involving spill-
age, release, and/or abandonment of known or suspected toxic/hazardous materials are the prime
responsibility of the TCEQ. (Ref. Texas Water Code) It is important for department employees to
remember that only trained personnel should ever approach a fire or spill. Department personnel

Maintenance Management Manual 7-8 TxDOT 01/2008


Chapter 7 — Emergency Management Section 4 — Oil and Hazardous Material Spills

are specifically prohibited from handling, cleaning up, or otherwise coming in contact with
toxic/hazardous materials at accident scenes or abandonment sites on the department's right
of way. Doing so may adversely affect the health and/or safety of department personnel.

Maintenance Management Manual 7-9 TxDOT 01/2008