FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1
PRELIMINARY ENGINEERING AND CONSTRUCTION FOR OTHER FEDERAL AGENCIES
MEMORANDUM of Agreement Between(Federal Agency)and Federal Highway Administration
The purpose of this agreement is to establish the procedures under which work
shall be performed by the Federal Highway Administration (herein referred to
as FHWA) for the Federal Agency (herein referred to as FA).
WHEREAS, 23 U.S.C. 308(a) authorizes the FHWA to perform engineering or other
services in connection with the survey, design, construction or improvement
of highways for other Government agencies, and
WHEREAS, the FA desires to utilize the professional services of the FHWA as
authorized by 31 U.S.C. 1535(a).
NOW, THEREFORE, the FA and the FHWA do hereby mutually agree as follows:
- FHWA shall perform the programming, preliminary engineering and construction
work in accordance with policies and procedures contained in this Attachment
except as modified by this agree-ment.
- FHWA shall furnish FA a project agreement for preliminary engineering. FA
shall then transfer to FHWA Washington Headquarters sufficient funds to cover
the cost of this work plus FHWA's administrative charges.
- FHWA shall submit the final PS&E and proposal documents and a construction
project agreement to FA for written approval. FA, after approval and decision
to proceed withconstruction, shall transfer to FHWA Washington Headquarters
funds in the amount of the estimated cost of the construction contract, construction
engineering and contingency amount, plus administrative charges.
- An FHWA official shall be the contracting officer and FHWA will provide
all engineering supervision and contract administration.
- FHWA agrees that it will incorporate or cause to be incorporated into any
contract for construction work, the equal employment opportunity provisions
prescribed for Federal Lands Highway highway construction projects in 23 CFR, Part 635c.
- During construction, FHWA shall coordinate with FA all changes or additional
work proposed. All change orders shall be issued by FHWA with written concurrence by FA.
- If during the course of the work additional funds are required, FHWA shall
furnish a project agreement modification (see Attachment 3) to FA for approval
and transfer of additional funds. FA approval shall be obtained prior to performance
of any work requiring such additional funds.
- FHWA shall be responsible for the administrative settlement or adjudication
of claims arising under projects covered by this agreement; provided, however,
that if such responsibility involves legal representa tion in connection with
litigation in the Federal courts, FA shall reimburse salaries and expenses of
FHWA personnel involved.
- FHWA shall maintain a current record of all FA fund expenditures and shall
furnish to FA the status of funds when requested.
- Upon completion and acceptance of the project, FHWA shall furnish to FA
complete accounting data on the project and three copies of as-built project drawings.
- Following completion of the work a detailed statement of expenditures shall
be furnished to FA. Any funds remaining shall be returned to FA or transferred
to other accounts as directed.
Federal Highway Administration
Home | Directives | Non-reg. Non-CFR Guidance TOC | Feedback
United States Department of Transportation - Federal Highway Administration