December 9, 1991, Transmittal 1

G 6090.13a




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:

  1. 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.

  2. 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.

  3. 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.

  4. An FHWA official shall be the contracting officer and FHWA will provide all engineering supervision and contract administration.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. FHWA shall maintain a current record of all FA fund expenditures and shall furnish to FA the status of funds when requested.

  10. 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.

  11. 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 Agency



Federal Highway Administration



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