CHAPTER Tra 500  CONSTRUCTION AID AND RELOCATION SERVICES

 

PART Tra 501  STATE BRIDGE AID

 

          Tra 501.01  Purpose.  The purpose of this part is to implement the process authorized by RSA 234:5 to provide state bridge aid to municipalities in New Hampshire.

 

Source.  #4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95

 

New.  #6172, eff 1-25-96, EXPIRED: 1-25-04

 

New.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.02  Definitions.

 

          (a)  “American Association of State Highway and Transportation Officials” (AASHTO) means a nonprofit, nonpartisan association headquartered in Washington, D.C.

 

          (b)  “Bridge” means:

 

(1)  A structure having a clear span of 10 feet or more measured along the centerline of the roadway at the elevation of the bridge seats, spanning a watercourse or other opening or obstruction, on a public highway to carry the traffic across, including the substructure, superstructure and highway approaches to the bridge; or

 

(2)  A combination of culverts constructed to provide drainage for a public highway with:

 

a.  An overall combined span of 10 feet or more; and

 

b.  A distance between culverts of 1/2 the diameter or less of the smallest culvert.

 

          (c)  “Bureau” means the bureau of planning and community assistance of the department.

 

          (d)  “Construction cost” means all costs incurred necessary to construct a project, for labor, materials, and equipment, including the construction provider’s overhead and profit.

 

          (e)  “Construction engineering cost” means all costs associated with administering and overseeing the construction of a project.

 

          (f)  “Construction provider” means a:

 

(1)  Contractor who supplies labor or materials, or both, for a project under the terms of a contract; or

 

(2)  Supplier of materials for a project under the terms of a contract.

 

          (g)  “Design cost” means all costs incurred from initiation of design and review under Tra 501.10 or Tra 501.11 until:

 

(1)  The time of the award of a construction contract in accordance with Tra 501.12(a) or (b)(2); or

 

(2)  The start of construction by municipal forces in accordance with Tra 501.12(b)(1).

 

          (h)  “Emergency” means a calamity, existing or imminent, caused by fire, flood, riot, windstorm, explosion, or act of God that requires immediate remedial action to protect property or life.

 

          (i)  “Miscellaneous costs” means costs other than construction, construction engineering, or design costs, incurred in the production of contract plans and proposals, advertisement for bids, permit fees and acquisition of property rights associated with right-of-way needs, including, but not limited to, appraisals, land damages, deed preparation, and recording fees.

 

          (j)  “Municipality” means a town, city, or unincorporated place in New Hampshire. The term does not include a village district.

 

          (k)  “Project” means a planned undertaking by a municipality or the department to design and construct or reconstruct a bridge and highway approaches to the bridge, provided that, if the department or the municipality determines, after the conceptual study or design, or both, that the construction or reconstruction of the bridge is not feasible at that time, the project may constitute the conceptual study or design, or both.

 

          (l)  “Responsible bidder” means a bidder that the Department determines has the ability to perform the requirements of the contract through the prequalification process established under Tra 400.

 

          (m)  “Responsive bid” means a bid that meets all the requirements of the invitation for bids.

 

Source.  #4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95

 

New.  #6172, eff 1-25-96, EXPIRED: 1-25-04

 

New.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.03  State Bridge Aid; Project Process Summary.

 

          (a)  A municipality may apply to the department for aid to construct or reconstruct a bridge(s) on a class IV or class V highway(s), or on a designated municipally-owned and maintained class II highway(s), as each class is described in RSA 229:5, I-III.

 

          (b)  The process for a project shall include the following:

 

(1)  A municipality shall make an application for state bridge aid estimate, as provided in Tra 501.05(a);

 

(2)  The department shall examine the project site, as provided in Tra 501.06(a);

 

(3)  The bureau shall provide the municipality with a preliminary estimate of the project cost, as provided in Tra 501.06(b);

 

(4)  The municipality shall make an application for state bridge aid construction funding for a project, as provided in Tra 501.07;

 

(5)  For a municipally-managed project, the municipality shall provide an engineering study, preliminary plans, and final plans to the department for review and approval, as provided in Tra 501.10;

 

(6)  For a department-managed project, the department shall provide the municipality with preliminary plans and final plans for review and comment from the municipality, as provided in Tra 501.11;

 

(7)  After the contract(s) is awarded:

 

a.  A municipally-managed project shall be administered by the municipality, as provided in Tra 501.12(b)-(c); and

 

b.  A department-managed project shall be administered by the department, as provided in Tra 501.12(a);

 

(8)  State bridge aid payments shall be made as provided in Tra 501.13; and

 

(9) A municipality may apply for bridge aid funds for replacement or rehabilitation costs in accordance with RSA 234:5-a;

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.04  Bridge Project Design Criteria.

 

          (a)  Bridge projects constructed with state bridge aid shall be designed in accordance with the following design standards and manuals:

 

(1)  AASHTO Load Resistance Factor Rating (LRFD) Bridge Design, 7th Edition (2014) with current interim revisions;

 

(2)  AASHTO Manual for Bridge Evaluation, 2nd Edition (2010), with interim revisions;

 

(3)  AASHTO Guide Specifications for Seismic Isolation Design, 4th Edition;

 

(4)  AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 6th Edition (2013) and interim revisions;

 

(5)  AASHTO Policy on Geometric Design of Highways and Streets (2011, 6th Edition);

 

(6)  Federal Highway Administration Manual on Uniform Traffic Control Devices, as adopted by the commissioner as a policy for traffic control standards (2009 and subsequent revisions);

 

(7)  AASHTO Roadside Design Guide, 4th Edition (2011);

 

(8) New Hampshire Department of Transportation (NHDOT) Standard Specifications for Road and Bridge Construction, 2010 Edition;

 

(9)  New Hampshire Department of Transportation (NHDOT) Highway Design Manual (1999); and

 

(10)  New Hampshire Department of Transportation (NHDOT) Bridge Design Manual (January 2015 – v 2.0).

 

          (b)  Bridge projects constructed with state bridge aid shall be designed in accordance with the AASHTO LRFD Bridge Design Specifications, 7th Edition (2014).

 

          (c)  Upon written application of a municipality, the department shall waive any of the minimum design standards:

 

(1)  Unless it determines that granting the requested waiver would result in:

 

a.  An imminent or substantial threat to human health, public safety, or the environment; or

 

b.  The design or construction of a bridge structure that has a carrying capacity of less than:

 

1.  15 tons for a rehabilitated bridge; or

 

2.  The legal load permitted by RSA 266:18-b for a new bridge; and

 

(2)  If the municipality has accepted, in writing, responsibility for construction that does not meet the waived minimum design standards.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.05  Application for State Bridge Aid Estimate.

 

          (a)  A municipality seeking bridge aid shall provide the following information to the bureau, by filing the form entitled “Application for Preliminary Estimate” or by providing the information required by the form in writing, delivered by mail or by hand to:

 

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

 

          (b)  The following shall be submitted on the form entitled “Application for Bridge Aid Estimate”:

 

(1)  The name of the municipality;

 

(2)  The date of the application for an estimate;

 

(3)  The bridge number;

 

(4)  The name of the highway on which the bridge is located; and

 

(5)  The highway classification.

 

          (c)  The application shall be signed by:

 

(1)  For a city, the mayor or the city manager;

 

(2)  For a town, the town manager or a majority of the members of the board of selectmen; and

 

(3)  For an unincorporated place, a majority of the county commissioners.

 

          (d)  When a bridge crosses the boundary line between 2 municipalities within the state, both municipalities shall submit applications for state bridge aid, unless a written agreement signed by both municipalities is filed appointing one municipality to act as the agent for both municipalities.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.06  Preliminary Estimate of Costs.

 

          (a)  Upon receipt of an application for state bridge aid estimate, the department shall conduct an examination of the project site.

 

          (b)  Based upon the design criteria specified in Tra 501.04(a) and (b), the bureau shall provide a preliminary estimate of the cost of the project to the applicant municipality, including the following information:

 

(1)  The approximate scope and limit of work, including minimum alignment and width parameters;

 

(2)  The estimated total project cost;

 

(3)  The municipality’s estimated share of the cost; and

 

(4)  If 2 municipalities are involved, the estimated cost for each municipality based upon the latest year’s equalized valuation of the municipalities, unless an agreement has been executed between the 2 municipalities stipulating some other financial arrangement allocating the cost between them.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.07  Application for State Bridge Aid Construction Funding.

 

          (a)  A municipality seeking approval for construction of a project using state bridge aid shall provide the following information to the bureau, by filing the form entitled “Application for State Bridge Aid Construction” or by providing the information required in the form in writing, delivered by mail or by hand to:

 

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

 

          (b)  The following shall be submitted on the form entitled “Application for State Bridge Aid Construction”:

 

(1)  The name of the municipality;

 

(2)  The date of the application for construction funds;

 

(3)  The bridge number;

 

(4)  The name of the highway on which the bridge is located; and

 

(5)  A certification that the municipality has:

 

a.  Raised or appropriated its share of the cost of replacing or rehabilitating the subject bridge;

 

b.  Raised or appropriated sufficient funds to advance the design of the project; or

 

c.  Included the project in its capital improvements program (CIP), if the municipality utilizes a CIP process as authorized pursuant to RSA 674:5.

 

          (c)  The application shall be signed by:

 

(1)  For a city, the mayor or the city manager;

 

(2)  For a town, the town manager or a majority of the members of the board of selectmen; and

 

(3)  For an unincorporated place, a majority of the county commissioners.

 

          (d)  When a bridge crosses the boundary line between 2 municipalities within the state, both municipalities shall submit applications, unless a written agreement signed by both municipalities is filed appointing one municipality to act as the agent for both municipalities. The written agreement shall stipulate the financial arrangement agreed upon by the municipalities to allocate the cost between the 2 municipalities.

 

          (e)  The bureau shall process applications for state bridge aid construction funding in the order received.

 

          (f)  The department shall enroll projects in the state bridge aid program on the basis of:

 

(1)  Projected availability of funds;

 

(2)  Anticipated design schedule;

 

(3)  Structural capacity of the existing bridge, if any; and

 

(4)  Any other factor affecting human health, public safety, or the environment, including, but not limited to:

 

a.  Motorist inconvenience;

 

b.  Emergency service access; and

 

c.  The need for emergency repairs.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.08  Review of the Municipal Consultant and Construction Provider Selection Process.

 

          (a)  Prior to the engagement of any consultant or construction provider, the municipality shall provide the bureau a description of the process to be utilized for selection of consultants and construction providers, so that the bureau can advise the municipality if any:

 

(1)  Consultant selection process is not in compliance with RSA 21-I:22;

 

(2) Contract process or provision would make a proposed cost or fee ineligible for reimbursement with state bridge aid because the municipality did not use a competitive bidding process; and

 

(3)  Proposed costs or fees are not eligible for reimbursement with state bridge aid.

 

          (b)  Except as provided in (c) below and Tra 501.09, the bureau shall waive review of the selection process for a consultant, if the municipality:

 

(1)  Has municipal staff qualified to provide the service or perform the work on a force account basis;

 

(2)  Desires to use the same design firm it engaged in a state bridge aid project completed within the past 3 years and which complies  with RSA 21-I:22; and

 

(3)  Has in place a contract for services, reached through a process complying with RSA 21-I:22, provided the contract is for general municipal services that include bridge and highway design capability.

 

          (c)  The bureau shall review the consultant and construction provider selection process of a municipality if the bureau determines that the complexity of the project involves work that requires expertise and experience in engineering disciplines appropriate to the project.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.09  Waiver of Consultant Selection Process in Case of Emergency. If a municipality is in immediate need of bridge construction or reconstruction as a result of an emergency, the bureau shall waive the consultant selection process if the municipality:

 

          (a)  Has municipal staff qualified to provide the services; or

 

          (b)  Has in place a contract for services, reached through a process complying with RSA 21-I:22, with a firm qualified to provide the required design services, provided that all firms that competed for selection to provide those services were qualified to provide the required design services.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.10  Design and Review; Municipally-Managed Projects.

 

          (a)  Design of a municipally-managed project may be performed by municipal staff, or by a consultant, provided the designer is a licensed professional engineer registered in the applicable branch classification, including, but not limited to, requiring a structural engineer for bridge design.

 

          (b)  The department shall notify the municipality in writing if it determines that a proposed project is:

 

(1)  Simple in its scope, including, but not limited to, the resurfacing of a road or the replacement of a culvert, a municipality shall not be required to provide to the department an engineering study, preliminary plans, and final plans for the proposed project; or

 

(2)  More complex than the type of project described in (1) above, including, but not limited to the reconstruction of a road, the widening of a road, the rebuilding of an intersection, or the addition of turning lanes, a municipality shall provide an engineering study, preliminary plans, and final plans for the proposed project to the department for review.

 

          (c)  The engineering study shall contain the following elements:

 

(1)  A description of existing conditions, including:

 

a.  Description of the existing bridge and roadway;

 

b.  Length and width of existing structures;

 

c.  Type of bridge superstructure and substructure;

 

d.  Alignment of the approach roadway; and

 

e.  Any significant geometric or topographical conditions;

 

(2)  A list of the relevant design criteria and manuals to be used, including, but not limited to:

 

a.  Bridge loading; and

 

b.  Design speed;

 

(3)  A description of the methodology and reasoning used to develop the proposed roadway alignment, including:

 

a.  Horizontal and vertical curves;

 

b.  Travel way and shoulder widths;

 

c.  Effects upon environmentally sensitive areas, such as wetlands;

 

d.  Effects upon utilities;

 

e.  Effects upon any existing structures; and

 

f.  Effects upon private property;

 

(4)  A description of the methodology and reasoning used to develop the proposed bridge type, including:

 

a.  A narrative comparison of the bridge types studied;

 

b. A plan of the recommended bridge type, in plan, elevation and typical section, portraying:

 

1.  Components of the superstructure;

 

2.  Components of the substructure;

 

3.  Materials to be used in construction;

 

4.  Beam spacing; and

 

5.  Dimensions of pavement and curbs;

 

(5)  The number and content of any boring logs taken, if deemed necessary by the responsible professional engineer, to present a reasonably accurate picture of subsurface conditions at the site;

 

(6)  A description of the methodology and reasoning used to present the hydrologic and hydraulic parameters present at the site, including:

 

a.  Drainage area;

 

b.  Design flood event and volume;

 

c.  Flood velocity; and

 

d.  Elevations of drainage area;

 

(7)  An itemized cost estimate for the proposed bridge type and roadway alignment, consistent with the standard specifications, item names, and definitions published in the New Hampshire Department of Transportation Standard Specifications for Road and Bridge Construction (2006);

 

(8)  A description of the environmental resources that may be affected by each of the alternatives considered, including:

 

a.  Natural resources protected by state or federal environmental protection laws; and

 

b.  Cultural, historical, social, and economic resources protected by state or federal laws;

 

(9)  A description of meeting(s) held with the New Hampshire division of historical resources in order to identify potential historical or archeological concerns that should be investigated to determine the possible impact of the project on cultural resources; and

 

(10)  A description of how traffic control and constructability issues will be addressed during construction.

 

          (d)  The preliminary plans shall contain the following elements:

 

(1)  A location plan, on a minimum scale of one inch equals one mile;

 

(2)  A general plan, depicting the elevation of the bridge structure;

 

(3)  A cross section of the approach roadway adjacent to the bridge;

 

(4)  A cross section of any roadway, water course, or other area spanned by the bridge;

 

(5)  A cross section of the bridge structure;

 

(6)  General notes, depicting:

 

a.  Design loading;

 

b.  Foundation type;

 

c.  Allowable foundation loads;

 

d.  Minimum frost cover;

 

e.  Superstructure type;

 

f.  Seismic design calculations; and

 

g.  Any other condition that, in the opinion of the presenting engineer, is worthy of note to the reviewing engineer;

 

(7)  Hydrologic and hydraulic data, including drainage area and design taking into account flood volume, velocity, and elevation;

 

(8)  Existing and proposed roadway layout plan;

 

(9)  Profiles of all roadways affected by the project;

 

(10) Critical Cross section;

 

(11)  Boring logs and locations, if available;

 

(12)  A comparison of existing and proposed channel contours, including proposed channel and slope protection; and

 

(13)  Engineer’s estimate of cost of construction for the complete proposed project.

 

          (e)  The department shall review the engineering study and preliminary plans. Following receipt of the department’s comments on the engineering study and preliminary plans, the municipality shall submit final design plans and an updated cost estimate to the department for review and approval. After approval of the final design plans and cost estimate by the department, the municipality shall prepare contract plans, specifications, and a contract proposal.

 

          (f)  Contract plans, specifications, and proposals shall bear the licensed professional engineer stamp of the professional engineer who prepared the plans and contract proposal, or under whose direct supervisory authority the plans and contract proposal were prepared.  Before finalized plans and contract proposals are submitted, it shall be independently checked in detail by a structural and highway designer, other than the original designer, and reviewed by the consultant’s supervising engineer charged with responsibility for the project.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.11  Design and Review; Department-Managed Projects.

 

          (a)  When the department prepares the design for a project, the preliminary plans shall be reviewed by the municipality in which the project is to be located. The municipality may submit written comments regarding the preliminary plans to the department.

 

          (b) After receipt of written comments, if any, from the municipality under (a) above, the department shall submit final design plans to the municipality for its review and approval.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.12  Contract Award and Administration.

 

          (a)  Department-managed projects shall be awarded to the lowest responsible bidder in a competitive bidding process conducted in accordance with RSA 228:4 and RSA 228:4-a. A department-managed project shall be administered by the department.

 

          (b)  A municipally-managed project shall be performed by:

 

(1)  Municipal staff acting on a force account basis;

 

(2)  By a construction provider, under the following conditions:

 

a.  The construction provider was selected as the lowest responsible bidder in a competitive bidding process conducted in accordance with the procedures in place in the municipality where the bridge project is located;

 

b.  The municipality has submitted a tabulation of the bids received in the process to the department; and

 

c.  The department has concurred in the contract award after considering the following, including, but not limited to:

 

1.  The reasonableness of the unit prices in the bids, as determined by bid comparisons and the Department’s average weighted unit price; and

 

2.  If the construction provider is not prequalified in accordance with Tra 401, the experience of the construction provider in the type of work anticipated in the project; or

 

(3)  By a combination of (1) and (2) above.

 

          (c)  During construction, the work shall be inspected by the municipality as a construction engineering cost as necessary to insure conformity with the approved plans and specifications, including the following:

 

(1)  Review of shop drawings;

 

(2)  Inspection of fabricated materials;

 

(3)  Review and inspection of falsework;

 

(4)  Laboratory and field testing of materials; and

 

(5)  Field inspection of work performed at the project site.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.13  Payment of Bridge Aid Funds.

 

          (a) State bridge aid shall be 80 percent of the actual amount of the costs incurred by the municipality in a project to construct or reconstruct a bridge, unless:

 

(1)  Otherwise provided in RSA 234:10-a, in the case of insurance indemnification; or

 

(2)  Further limited under RSA 234:11.

 

          (b)  A project cost claimed by a consultant, contractor, or municipality shall not be eligible for state bridge aid if the cost is:

 

(1)  Not specifically identified in a written contract for services or materials, except as modified by a change order or extra work order approved by the department;

 

(2)  In excess of the usual and customary billing rate in the industry; or

 

(3)  Unrelated to the project.

 

          (c)  If the project is a municipally-managed project:

 

(1)  The department shall reimburse the municipality 80 percent of the cost for design of a project upon the review and approval of:

 

a.  Finalized plans and specifications;

 

b.  Copies of invoices for services, if the project is designed by a consultant; and

 

c.  An invoice for staff-related charges, if designed by the municipality;

 

(2)  The department shall reimburse the municipality 50 percent of the state’s 80 percent share of the construction cost of a project upon notice that the municipality has:

 

a.  Begun work on the project on a force account basis; or

 

b.  Awarded the contract to the lowest responsible bidder;

 

(3)  The department shall reimburse the municipality 80 percent of the construction engineering cost and miscellaneous costs of a project upon the review and approval of:

 

a.  Copies of invoices or proof of payment for services, if the project services were provided by a consultant;

 

b.  An invoice for staff-related charges or charges for material and equipment utilized in the project, if the project services were provided by the municipality; and

 

c.  Invoices of all construction providers; and

 

(4)  The department shall reimburse the municipality the balance of the 80 percent share of the final project construction cost upon:

 

a.  Inspection, showing the work to be complete and performed in conformance with the requirements of the approved final plans and specifications;

 

b.  Submission of one set of reproducible as-built plans of the project to the department; and

 

c.  Submission by the municipality of a load rating analysis, using standard AASHTO design strength load ratings for vehicular traffic, design method load factor design (LFD), on the form entitled “Bridge Capacity Summary,” as described in (e) below.

 

          (d)  If the project is a department-managed project, the municipality shall reimburse the state 1/2 of its 20 percent share at the start of the project and the balance of its 20 percent share of the final cost of the project upon completion of the project.

 

          (e)  The following shall be submitted on the form entitled “Bridge Capacity Summary”:

 

(1)  The name of the municipality;

 

(2)  The bridge number;

 

(3)  Identification of what the bridge passes over;

 

(4)  The name of the person who did the rating and the date of the rating;

 

(5)  The name, stamp, and signature of the person who checked the rating and the date of the check;

 

(6)  The name of the highway on which the bridge is located;

 

(7)  The standard AASHTO design load rating for vehicular traffic used in the rating;

 

(8)  The design method of the rating, which shall be load factor design (LFD);

 

(9)  The rating method used, which shall be load factor;

 

(10)  The rated bridge member;

 

(11)  The longitudinal effective span length;

 

(12)  The following information relative to the required capacity in tons, in terms of the AASHTO design load rating:

 

a.  Current legal loads; and

 

b.  Certified vehicles, including load information for a single unit and a multiple unit.

 

(13)  The following information relative to the available capacity in tons, in terms of the AASHTO design load rating, for inventory, operating, and posting for:

 

a.  Multiple lanes loaded; and

 

b.  Single lane loaded; and

 

(14)  The available capacity in English tons and metric tons for inventory and operating.

 

          (f)  Upon completion of the project, the department shall provide the municipality with:

 

(1)  An inspection report, with a recommendation regarding posting of the bridge, based on the inspection and bridge capacity data; and

 

(2)  An itemized statement of the complete cost of construction, if the project was department-managed.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.14  Consultant Evaluation.

 

          (a)  Any contracted consultant or engineering services provider on a project funded with state bridge aid shall be evaluated by the entity administering the contract under which the services were provided.

 

          (b)  The evaluation shall require the following information:

 

(1)  The municipality in which the project took place;

 

(2)  The date of the evaluation;

 

(3)  The project name and project number;

 

(4)  A description of the project;

 

(5)  The name of the project manager;

 

(6)  Name of the consultant being evaluated;

 

(7)  Address of the consultant;

 

(8)  Name of consultant’s lead person;

 

(9)  Type of work provided by the consultant;

 

(10)  Information on whether the consultant requested or was required to file for extra work, and, if extra work was required, a brief explanation of the extra work;

 

(11)  The names of any of the consultant’s employees whose performance was outstanding and their contribution; and

 

(12)  The names of any of the consultant’s employees whose work was below expectations and in what way the work was below expectation.

 

          (c)  The administering entity shall evaluate consultant based organization and management services as to whether the quality of the services was above expectations, meets expectations, or was below expectations. Any evaluation of below expectations shall include comments explaining the reason for the evaluation.

 

          (d)  The following consultant based organization and management service areas shall be evaluated:

 

(1)  Technical capability of personnel;

 

(2)  Adequacy of supervision of personnel;

 

(3)  Communication and cooperation with the contract administrator;

 

(4)  Performance and workmanship;

 

(5)  Invoicing;

 

(6)  Administration of subconsultants; and

 

(7)  Ability to anticipate and resolve technical or design issues.

 

          (e)  The administering entity shall evaluate design services as to whether the quality of the services was above expectations, meets expectations, or was below expectations, taking into account completeness, timeliness, accuracy, and ability to anticipate and resolve design issues.

 

          (f)  The following design service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

 

(1)  Support for environmental processes;

 

(2)  Conceptual alternatives;

 

(3)  The engineering study;

 

(4)  Support of public participation;

 

(5)  Preliminary plans;

 

(6)  Final plans;

 

(7)  Bid and contracting phase; and

 

(8)  Construction.

 

          (g)  The evaluation shall provide an opportunity for the consultant to respond or comment upon any of the areas of the evaluation.

 

          (h)  Each consultant evaluation shall be dated and signed by:

 

(1)  The municipal project manager;

 

(2)  The chairman of the board of selectmen or the town or city manager, as applicable;

 

(3)  The consultant’s project manager; and

 

(4)  The principal consultant.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 501.15  Contractor Evaluation.

 

          (a)  Any contractor responsible for the actual construction work of a project funded with state bridge aid shall be evaluated by the entity administering the contract under which the services were provided.

 

          (b)  The evaluation shall require the following information:

 

(1)  The name of the municipality;

 

(2)  The contractor’s name;

 

(3)  The contractor’s address;

 

(4)  The date of the evaluation;

 

(5)  The name of the contract administrator;

 

(6)  The project name;

 

(7)  The project number;

 

(8)  A type of project, including:

 

a.  Road;

 

b.  Signals;

 

c.  Bridge; or

 

d.  Other, with an explanation;

 

(9)  The original contract amount;

 

(10)  Contract completion date;

 

(11)  Project start date;

 

(12)  Project completion date;

 

(13)  Extension date granted, if any; and

 

(14)  The amount the final cost was over or under the original contract amount.

 

          (c)  The evaluation shall include a question if the contract was not completed on time because of the contractor’s performance. If the response to the question is “yes,” the evaluation shall provide a space for description of the reason(s) for the failure to complete the contract on time.

 

          (d)  Construction services shall be evaluated as to whether the quality of the services was above expectations, meets expectations, or was below expectations.

 

          (e)  The following construction service areas shall be evaluated, with an opportunity for comments provided in each area:

 

(1)  Quality of the work;

 

(2)  Public relations;

 

(3)  Organization and personnel;

 

(4)  Contract compliance;

 

(5)  Equipment used, including whether the:

 

a.  Equipment provided was sufficient in amount to perform the work; and

 

b.  Condition of the equipment used was sufficient to perform the work;

 

(6)  Quality of the supervision of the work;

 

(7)  Cooperation with the contract administrator;

 

(8)  Payment of accounts; and

 

(9)  Performance of subcontractors.

 

          (f)  Each construction evaluation shall be dated and signed by:

 

(1)  The individual(s) who oversaw the construction in the field;

 

(2)  The consultant’s project manager; and

 

(3)  The chairman of the board of selectmen or the town or city manager, as applicable.

 

Source.  #8923, eff 6-27-07; ss by #11037, eff 2-22-16

 

PART Tra 502  STATE HIGHWAY AID

 

                 Tra 502.01  Purpose.  The purpose of this part is to implement the process authorized by RSA 235:14 to provide state highway aid to municipalities in New Hampshire.

 

Source.  #4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95

 

New.  #6172, eff 1-25-96, EXPIRED: 1-25-04

 

New.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.02  Definitions.

 

          (a)  “American Association of State Highway and Transportation Officials” (AASHTO) means a nonprofit, nonpartisan association headquartered in Washington, D.C.

 

          (b)  “Bureau” means the bureau of planning and community assistance of the department.

 

          (c)  “Construction cost” means all costs incurred necessary to construct a project, for labor, materials, and equipment, including the construction provider’s overhead and profit.

 

          (d)  “Construction engineering cost” means all costs associated with administering and overseeing the construction of a project.

 

          (e)  “Construction provider” means a:

 

(1)  Contractor who supplies labor or materials, or both, for a project under the terms of a contract; or

 

(2)  Supplier of materials for a project under the terms of a contract.

 

          (f)  “Design cost” means all costs incurred from initiation of design and review under Tra 502.09 or Tra 502.10 until the time of the award of a construction contract in accordance with Tra 502.12(a) or (b).

 

          (g)  “Miscellaneous costs” means costs other than construction, construction engineering, or design costs, incurred in the production of contract plans and proposals, advertisement for bids, permit fees and acquisition of property rights associated with right-of-way needs, including, but not limited to, appraisals, land damages, deed preparation, and recording fees.

 

          (h)  “Municipality” means a town, city, or unincorporated place in New Hampshire. The term does not include a village district.

 

          (i)  “Project” means a conceptual study or design, or both, and construction or reconstruction of a highway that has been agreed to by a municipality and the department, provided that, if the department or the municipality determines, after the conceptual study or design, or both, that the construction or reconstruction of the highway is not feasible at that time, the project may constitute the conceptual study or design, or both.

 

Source.  #4130, eff 9-10-86; ss by #4596, eff 4-6-89; EXPIRED: 4-6-95

 

New.  #6172, eff 1-25-96, EXPIRED: 1-25-04

 

New.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.03  State Highway Aid; Project Process Summary.

 

          (a)  A municipality may apply to the department for aid to construct or reconstruct a class I, II, or III highway(s), as described in RSA 229:5, I-III.

 

          (b)  The process for a project shall include the following:

 

(1)  A municipality shall make a request for project, as provided in Tra 502.05(a);

 

(2)  The department shall examine the project site, as provided in Tra 502.05(c);

 

(3)  If the department requires a conceptual study as provided in Tra 502.06(a), either the department or the municipality shall conduct a conceptual study;

 

(4)  If the project is eligible for state highway aid, the bureau shall provide the municipality with a preliminary estimate of the project cost, as provided in Tra 502.06(b);

 

(5)  The municipality shall make an application for state highway aid for a project as provided in Tra 502.07;

 

(6)  For a municipally-managed project, the municipality shall provide an engineering study, preliminary plans, and final plans to the department for review and approval, as provided in Tra 502.09;

 

(7)  For a department-managed project, the department shall provide the municipality with preliminary plans and final plans for review and comment from the municipality, as provided in Tra 502.10;

 

(8)  After the contract(s) is awarded:

 

a.  A municipally-managed project shall be administered by the municipality, as provided in Tra 502.12(b); and

 

b.  A department-managed project shall be administered by the department, as provided in Tra 502.12(a); and

 

(9)  State highway aid payments shall be made as provided in Tra 502.13.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.04  Highway Project Design Criteria.

 

          (a)  Highway projects constructed with state highway aid shall be designed in accordance with the following design standards and manuals:

 

(1)  AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, 6th Edition (2013) and interim revisions;

 

(2)  AASHTO Policy on Geometric Design of Highways and Streets (2011, 6th Edition);

 

(3)  Federal Highway Administration Manual on Uniform Traffic Control Devices, as adopted by the commissioner as a policy for traffic control standards (2009 and subsequent revisions);

 

(4)  AASHTO Roadside Design Guide, 4thEdition (2011);

 

(5)  New Hampshire Department of Transportation (NHDOT) Standard Specifications for Road and Bridge Construction, 2010Edition; and

 

(6)  New Hampshire Department of Transportation (NHDOT) Highway Design Manual (1999).

 

          (b)  Upon written application of a municipality, the department shall waive any of the minimum design standards relating to municipal highways affected by the project:

 

(1)  Unless it determines that the requested waiver, if granted, would result in an imminent or substantial threat to human health, public safety, or the environment; and

 

(2)  If the municipality has accepted, in writing, responsibility for construction that does not meet the waived minimum design standards.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.05  Request for Project.

 

          (a)  A municipality seeking state highway aid shall make a request for a project by providing the information required in (b) below in written form, delivered by mail or by hand to:

 

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

Attn: Municipal Highway Engineer

John O. Morton Building

7 Hazen Drive

Concord NH 03301

 

          (b)  A request for a project shall:

 

(1)  Require the following information:

 

a.  The name of the municipality;

 

b.  The name and location of the highway on which the desired project site is located; and

 

c.  The anticipated construction work involved; and

 

(2)  Be signed by:

 

a.  For a city, the mayor or the city manager;

 

b.  For a town, the town manager or a majority of the members of the board of selectmen; and

 

c.  For an unincorporated place, a majority of the county commissioners.

 

          (c)  After receipt of a request for project, the department shall conduct an examination of the project site.

 

          (d)  The bureau shall send a written response to the municipality containing the following information:

 

(1)  The name of the municipality;

 

(2)  Whether or not the requested project would be eligible for state highway aid; and

 

(3)  If eligible for state highway aid:

 

a.  The estimated total project cost;

 

b.  The amount of state aid funds to be applied to the project;

 

c.  The amount of the municipality’s matching funds as required under RSA 235:15; and

 

d.  Instructions to submit an application for construction.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.06  Conceptual Study; Preliminary Estimate of Costs.

 

          (a) The department shall require a conceptual study to be conducted by the department or the municipality, if the department determines that the proposed project:

 

(1)  Requires additional design or engineering analysis before a cost estimate can be made; or

 

(2)  Includes unknown factors that would be part of the cost estimate.

 

          (b)  Based upon the design criteria specified in Tra 502.04(a), the bureau shall provide a preliminary estimate of the cost of the project to the applicant municipality, including the following information:

 

(1)  The approximate scope and limit of work;

 

(2)  The estimated total project cost; and

 

(3)  The municipality’s estimated share of the cost.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.07  Application for State Highway Aid; Enrollment of Projects.

 

          (a)  If the department determines that a project is eligible for state highway aid, the municipality shall follow the application process described in this section.

 

(b)  After a municipality has raised, appropriated, or set aside funds for a project requested under Tra 502.05, the municipality shall provide the following information to the bureau, by filing the form entitled “Application for State Highway Aid Construction or Reconstruction of Class I, II and III Highways” or by providing the information required in the form in writing, delivered by mail or by hand to:

 

New Hampshire Department of Transportation

Bureau of Planning and Community Assistance

John O. Morton Building

7 Hazen Drive

Concord NH 03301

 

          (c)  The following shall be submitted on the form entitled “Application for State Highway Aid Construction or Reconstruction of Class I, II and III Highways”:

 

(1)  The name of the municipality;

 

(2)  The date of the application for state highway aid;

 

(3)  The name and location of the highway on which the project site is located; and

 

(4)  A certification that the municipality has:

 

a.  Raised or appropriated its share of the cost of the project;

 

b.  Raised or appropriated sufficient funds to advance the design of the project; or

 

c.  Included the project in its capital improvements program (CIP), if the municipality utilizes a CIP process as authorized pursuant to RSA 674:5.

 

          (d)  The application shall be signed by:

 

(1)  For a city, the mayor or the city manager;

 

(2)  For a town, the town manager or a majority of the members of the board of selectmen; and

 

(3)  For an unincorporated place, a majority of the county commissioners.

 

          (e)  The bureau shall process applications for state highway aid funding in the order received.

 

          (f)  The department shall enroll projects in the state highway aid program on the basis of:

 

(1)  Projected availability of funds;

 

(2)  Anticipated design schedule;

 

(3)  Condition of the existing highway; and

 

(4)  Any other factor affecting human health, public safety, or the environment, including, but not limited to:

 

a.  Motorist inconvenience;

 

b.  Emergency service access; and

 

c.  The need for emergency repairs.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.08  Review of the Municipal Consultant and Construction Provider Selection Process.

 

          (a)  Prior to the engagement of any consultant or construction provider, the municipality shall provide the bureau a description of the process to be utilized for selection of consultants and construction providers, so that the bureau can advise the municipality if any:

 

(1)  Consultant selection process is not in compliance with RSA 21-I:22;

 

(2) Contract process or provision would make a proposed cost or fee ineligible for reimbursement with state highway aid because the municipality did not use a competitive bidding process; and

 

(3)  Proposed costs or fees are not eligible for reimbursement with state highway aid.

 

          (b)  Except as provided in (c) below and Tra 502.09, the bureau shall waive review of the selection process for a consultant, if the municipality:

 

(1)  Desires to use the same consultant engaged in a state highway aid project completed within the past 3 years;

 

(2)  Desires to use the same design firm it engaged in a recently-completed state highway aid project complying with RSA 21-I:22;

 

(3)  Has in place a contract for services, reached through a process complying with RSA 21-I:22, provided:

 

a.  The contract is for general municipal services that include highway design capability; and

 

b.  The consultant is listed by the department as provided in Tra 502.09(a).

 

          (c)  The bureau shall review the consultant and construction provider selection process of a municipality, if the bureau determines that the complexity of the project involves work that requires expertise and experience in engineering disciplines appropriate to the project.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.09  Design and Review; Municipally-Managed Projects.

 

          (a)  Design of a municipally-managed project may be performed by a consultant, provided the consultant is qualified under RSA 21-I:22 and listed by the department in accordance with the qualifications-based selection procedures.

 

          (b)  If the department determines that a proposed project is:

 

(1)  Simple in its scope, including, but not limited to, the resurfacing of a road or the replacement of a culvert, a municipality shall not be required to provide to the department an engineering study, preliminary plans, and final plans for the proposed project; or

 

(2)  More complex that the type of project described in (1) above, including, but not limited to the reconstruction of a road, the widening of a road, the rebuilding of an intersection, or the addition of turning lanes, a municipality shall provide an engineering study, preliminary plans, and final plans for the proposed project to the department for review.

 

          (c)  The engineering study shall contain the following elements:

 

(1)  A description of existing conditions, including:

 

a.  Geometry and cross section of the existing highway;

 

b.  Alignment of any intersections on the highway; and

 

c.  Any significant geometric or topographical conditions;

 

(2)  A list of the relevant design criteria and manuals to be used;

 

(3)  A description of the methodology and reasoning used to develop alternative alignments or treatments for the proposed highway improvement, including:

 

a.  Horizontal and vertical curves;

 

b.  Travel way and shoulder widths;

 

c.  Effects upon environmentally sensitive areas, such as wetlands;

 

d.  Effects upon utilities;

 

e.  Effects upon any existing structures;

 

f.  Effects upon private property; and

 

g.  The recommendation of the responsible professional engineer as to which alternative alignment or treatment should be advanced;

 

(4)  The number and content of any boring logs taken, if deemed necessary by the responsible professional engineer, to present a reasonably accurate picture of subsurface conditions at the site;

 

(5)  A description of the drainage issues and methodology of addressing the drainage issues present at the site;

 

(6)  An itemized cost estimate for the proposed highway construction or reconstruction, consistent with the standard specifications, item names, and definitions published in the New Hampshire Department of Transportation Standard Specifications for Road and Bridge Construction (2010);

 

(7)  A description of the environmental resources that may be affected by each of the alternatives considered, including:

 

a.  Natural resources protected by state or federal environmental protection laws; and

 

b.  Cultural, historical, social, and economic resources protected by state or federal laws; and

 

(8)  A description of meeting(s) held with the New Hampshire division of historical resources in order to identify potential historical or archeological concerns that should be investigated to determine the possible impact of the project on cultural resources.

 

          (d)  The preliminary plans shall contain the following elements:

 

(1)  A front sheet with location map and layout;

 

(2)  A typical section of improvement;

 

(3)  General construction plans, including pavement marking, drainage, and utility relocations;

 

(4)  A signalization plan, if needed;

 

(5)  Documentation of the drainage design;

 

(6)  Erosion control measures;

 

(7)  Right-of-way acquisition plan sheets;

 

(8)  Profiles of all roadways affected by the project;

 

(9)  Boring locations and logs, if available;

 

(10)  A description and implementation plan for work and traffic control;

 

(11)  Cross-sections of the project; and

 

(12)  Any other condition that, in the opinion of the presenting engineer, is worthy of note to the reviewing engineer.

 

          (e)  The department shall review the engineering study and preliminary plans. Following receipt of the department’s comments on the engineering study and preliminary plans, the municipality shall submit final design plans and an updated cost estimate to the department for review and approval. After approval of the final design plans and cost estimate by the department, the municipality shall prepare contract plans, specifications, and a contract proposal.

 

          (f)  Contract plans, specifications, and proposals shall bear the licensed professional engineer stamp of the professional engineer who prepared the plans and contract proposal, or under whose direct supervisory authority the plans and contract proposal were prepared.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.10  Design and Review; Department-Managed Projects.

 

          (a)  When the department prepares the design for a project, the preliminary plans shall be reviewed by the municipality in which the project is to be located. The municipality may submit written comments regarding the preliminary plans to the bureau.

 

          (b)  After receipt of written comments, if any, from the municipality under (a) above, the department shall submit final design plans to the municipality for its review and approval.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.11  Processing of Applications; Enrollment of Projects. The bureau shall process applications for state highway aid in order of receipt. The bureau shall enroll projects based on availability of state aid highway funds.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.12  Contract Award and Administration.

 

          (a)  Department-managed projects shall be awarded to the lowest responsible bidder in a competitive bidding process conducted in accordance with RSA 228:4 and RSA 228:4-a. A department-managed project shall be administered by the department.

 

          (b)  A municipally-managed project shall be performed by a construction provider, under the following conditions:

 

(1)  The construction provider was selected as the lowest responsible bidder in a competitive bidding process;

 

(2)  The municipality has submitted a tabulation of the bids received in the competitive bidding process to the department; and

 

(3)  The department has concurred in the contract award after considering the following, including, but not limited to:

 

a.  The reasonableness of the unit prices in the bids; and

 

b.  If the construction provider is not prequalified in accordance with Tra 401, the experience of the construction provider in the type of work anticipated in the project.

 

          (c)  During construction, the work shall be inspected by the department as necessary to ensure conformity with the approved plans and specifications.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.13  Payment of State Highway Aid Funds.

 

          (a)  Except as otherwise provided pursuant to RSA 235:21, state highway aid shall be 2/3 of the actual amount of the costs incurred on a:

 

(1)  Conceptual study for the construction or reconstruction of a highway; or

 

(2)  Project to construct or reconstruct a highway.

 

          (b)  A project cost claimed by a consultant, contractor, or municipality shall not be eligible for state highway aid if the cost is:

 

(1)  Not specifically identified in a written contract for services or materials, except as modified by a change order or extra work order approved by the department;

 

(2)  In excess of the usual and customary billing rate in the industry; or

 

(3)  Unrelated to the project.

 

          (c)  If the department conducts a conceptual study for a project, the municipality shall remit to the state 50 percent of its 1/3 share of the estimated cost of the conceptual study before the study is begun. The municipality shall remit the balance of its share upon completion of the study.

 

          (d)  If the project is a municipally-managed project:

 

(1)  The department shall reimburse the municipality 2/3 of the cost for design of a project upon the review and approval of:

 

a.  Finalized plans and specifications;

 

b.  Copies of invoices for services, if the project is designed by a consultant; and

 

c.  An invoice for staff-related charges, if designed by the municipality;

 

(2)  The department shall reimburse the municipality 50 percent of the state’s 2/3 share of the construction cost of a project upon notice that the municipality has:

 

a.  Begun work on the project on a force account basis; or

 

b.  Awarded the contract to the lowest responsible bidder;

 

(3)  The department shall reimburse the municipality 2/3 of the construction engineering costs and miscellaneous costs, including shop drawing, fabrication and falsework review, laboratory and field testing of materials, construction inspection, or other like costs customarily incurred, of a project upon the review and approval of:

 

a.  Copies of invoices or proof of payment for services, if the project services were provided by a consultant;

 

b.  An invoice for staff-related charges or charges for material and equipment utilized in the project, if the project services were provided by the municipality; and

 

c.  Invoices of all construction services providers; and

 

(4)  The department shall reimburse the municipality the balance of the 2/3 share of the final project construction cost upon:

 

a.  Inspection, showing the work to be complete and performed in conformance with the requirements of the approved final plans and specifications; and

 

b.  Submission of one set of reproducible as-built plans of the project to the department.

 

          (e)  If the project is a department-managed project, the municipality shall remit to the state 50 percent of its 1/3 share of the project cost for which it is receiving state highway aid prior to the start of construction. The municipality shall remit the balance of its 1/3 share of the final cost of the project upon completion of the project.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.14  Consultant Evaluation.

 

          (a)  Any contracted consultant or engineering services provider on a project funded with state highway aid shall be evaluated by the entity administering the contract under which the services were provided.

 

          (b)  The following shall be submitted by the entity administering the contract:

 

(1)  The municipality in which the project took place;

 

(2)  The date of the evaluation;

 

(3)  The project name;

 

(4)  A verbal description of the project;

 

(5)  The name of the project manager;

 

(6)  Name of the consultant being evaluated;

 

(7)  Address of the consultant;

 

(8)  Name of consultant’s lead person;

 

(9) Type of work provided by the consultant;

 

(10)  Information on whether the consultant requested or was required to file for extra work, and, if extra work was required, a brief explanation of the extra work;

 

(11)  The names of any of the consultant’s employees whose performance was outstanding and their contribution; and

 

(12)  The names of any of the consultant’s employees whose work was below expectations and in what way the work was below expectation.

 

          (c)  The administering entity shall evaluate consultant based organization and management services as to whether the quality of the services was above expectations, meets expectations, or was below expectations. Any evaluation of below expectations shall include comments explaining the reason for the evaluation.

 

          (d)  The following consultant based organization and management service areas shall be evaluated:

 

(1)  Technical capability of personnel;

 

(2)  Adequacy of supervision of personnel;

 

(3)  Communication and cooperation with the contract administrator;

 

(4)  Performance and workmanship;

 

(5)  Invoicing;

 

(6)  Administration of subconsultants; and

 

(7)  Ability to anticipate and resolve technical or design issues.

 

          (e)  The administering entity shall evaluate design services as to whether the quality of the services was above expectations, meets expectations, or was below expectations, taking into account completeness, timeliness, accuracy, and ability to anticipate and resolve design issues.

 

          (f)  The following design service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

 

(1)  Support for environmental processes;

 

(2)  Conceptual alternatives;

 

(3)  The engineering study;

 

(4)  Support of public participation;

 

(5)  Preliminary plans;

 

(6)  Final plans;

 

(7)  Bid and contracting phase; and

 

(8)  Construction.

 

          (g)  The evaluation shall provide an opportunity for the consultant to respond or comment upon any of the areas of the evaluation.

 

          (h)  Each consultant evaluation shall be dated and signed by:

 

(1)  The municipal project manager;

 

(2)  The chairman of the board of selectmen or the town or city manager, as applicable;

 

(3)  The consultant’s project manager; and

 

(4)  The principal consultant.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

          Tra 502.15  Contractor Evaluation.

 

          (a)  Any contractor responsible for the actual construction work of a project funded with state highway aid shall be evaluated by the entity administering the contract under which the services were provided.

 

          (b)  The following shall be submitted by the entity administering the contract:

 

(1)  The contractor’s name;

 

(2)  The contractor’s address;

 

(3)  The date of the evaluation;

 

(4)  The name of the contract administrator;

 

(5)  The project name;

 

(6)  The project number;

 

(7)  A type of project, including:

 

a.  Road;

 

b.  Signals; or

 

d.  Other, with an explanation;

 

(8)  The original contract amount;

 

(9)  Contract completion date;

 

(10)  Project start date;

 

(11)  Project completion date;

 

(12)  Extension date granted, if any; and

 

(13)  The amount the final cost was over or under the original contract amount.

 

          (c)  The evaluation shall include a question if the contract was not completed on time because of the contractor’s performance. If the response to the question is “yes,” the evaluation shall provide a space for description of the reason(s) for the failure to complete the contract on time.

 

(d)  Construction services shall be evaluated as to whether the quality of the services was above expectations, meets expectations, or was below expectations.

 

(e)  The following construction service areas shall be evaluated, and an opportunity for comments shall be provided in each area:

 

(1)  Quality of the work;

 

(2)  Public relations;

 

(3)  Organization and personnel;

 

(4)  Contract compliance;

 

(5)  Equipment used, including whether the:

 

a.  Equipment provided was sufficient in amount to perform the work; and

 

b.  Condition of the equipment used was sufficient to perform the work;

 

(6)  Quality of the supervision of the work;

 

(7)  Cooperation with the contract administrator;

 

(8)  Payment of accounts; and

 

(9)  Performance of subcontractors.

 

          (f)  Each construction evaluation shall be dated and signed by:

 

(1)  The individual(s) who oversaw the construction in the field;

 

(2)  The consultant’s project manager; and

 

(3)  The chairman of the board of selectmen or the town or city manager, as applicable.

 

Source.  #8924, eff 6-27-07; ss by #11037, eff 2-22-16

 

PART Tra 503  RELOCATION ASSISTANCE

 

Statutory Authority:  RSA 124-A

 

          Tra 503.01  Adoption of Federal Relocation Requirements.  Pursuant to RSA 124-A:13, all transportation relocation assistance services and benefits offered by the department shall comply with:

 

(a)  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, codified as 42 USC sections 4601 through 4655, as amended;

 

(b)  The accompanying regulations to the act referred to in (a) above, found at 49 CFR Part 24, with the exception that the limit of $10,000 contained in 49 CFR 24.304 is modified to $100,000 pursuant to RSA 124-A:3, I(d); and

 

(c)  RSA 498-A.

 

Source.  #4130, eff 9-10-86, EXPIRED: 9-10-92

 

New.  #6132, eff 11-28-95, EXPIRED: 11-28-03

 

New.  #8820, eff 2-17-07, EXPIRED: 2-17-15

 

New.  #11037, eff 2-22-16

 

                 Tra 503.02  Appeals.

 

(a)  Any person who believes that the department has failed to properly determine his or her eligibility for relocation assistance services or the amount of a relocation payment may appeal the determination to the commissioner.

 

(b)  An appeal under (a) above shall be conducted in accordance with the procedures set forth in Tra 200.

 

Source.  #4130, eff 9-10-86, EXPIRED: 9-10-92

 

New.  #6132, eff 11-28-95, EXPIRED: 11-28-03

 

New.  #8820, eff 2-17-07, EXPIRED: 2-17-15

 

New.  #11037, eff 2-22-16

 

PART Tra 504  REPLACEMENT HOUSING - RESERVED

 

Source.  #4130, eff 9-10-86, EXPIRED: 9-10-92

 

PART Tra 505  RELOCATION SERVICES - RESERVED

 

Source.  #4130, eff 9-10-86, EXPIRED: 9-10-92

 

APPENDIX A

 

RULE

STATUTE

 

 

Tra 501.01

RSA 234:5

Tra 501.02

RSA 234:2; 234:5

Tra 501.03

RSA 234:5

Tra 501.04

RSA 234:2 - 4; 266:18-b

Tra 501.05

RSA 234:5

Tra 501.06

RSA 234:5; 234:12

Tra 501.07

(specific paragraphs implementing specific statutes are listed below)

RSA 234:5; 234:12; 234:14

Tra 501.07(e)-(f)

RSA 234:6

Tra 501.08- 501.11

RSA 21-I:22; RSA 234:5

Tra 501.12

RSA 228:4, 228:4-a, 234:15

Tra 501.13

(specific paragraphs implementing specific statutes are listed below)

RSA 234:10; 234:10-a, 234:11; 234:18

Tra 501.13(d)

RSA 234:16

Tra 501.13(f)

RSA 234:17

Tra 501.14

RSA 21-I:22; 234:5

Tra 501.15

RSA 234:5; 234:15

 

 

Tra 502.01-502.12

RSA 235:14

Tra 502.13

(specific paragraphs implementing specific statutes are listed below)

RSA 235:15

Tra 502.13(a)

RSA 235:15, 235:21

Tra 502.13(e)

RSA 235:17

Tra 502.14-502.15

RSA 235:14

 

 

Tra 503.01

RSA 124-A:1-124-a:14; 42 USC Sections 4601-4655;

49 CFR Part 24; RSA 498-A

Tra 503.02

RSA 21-L:1; RSA 541-A:29, II; RSA 541-A:31

 

APPENDIX B

 

RULE                               

TITLE

OBTAIN AT:

 

Tra 501.04(a)(1)

 

AASHTO Load Resistance Factor Rating (LRFD) Bridge Design

7th Edition, 2014 with current interim revisions

 

AASHTO bookstore on the internet (www.transportation.org) or at

1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249

Washington, DC 20001

$492

 

Tra 501.04(a)(2)

 

AASHTO Manual for

Bridge Evaluation

2nd Edition, 2010 with revisions

 

AASHTO bookstore on the internet (www.transportation.org) or

at 1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249

Washington, DC 20001

$437

 

Tra 501.04(a)(3)

 

AASHTO Guide Specification for

Seismic Isolation Design

4th Edition

 

AASHTO bookstore on the internet (www.transportation.org) or at

1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249

Washington, DC 20001

$312

 

Tra 501.04(a)(4)
Tra 502.04(a)(1)

 

AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires

and Traffic Signals

6th Edition

2013 and interim revisions

 

AASHTO bookstore on the internet (www.transportation.org) or at

1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249 Washington, DC 20001

$216

 

Tra 501.04(a)(5)
Tra 502.04(a)(2)

 

AASHTO Policy on Geometric Design of Highways and Streets

6 th Edition, 2011

 

AASHTO bookstore on the internet (www.transportation.org) or at

1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249 Washington, DC 20001

$312

 

Tra 501.04(a)(6)

Tra 502.04(a)(3)

 

Federal Highway Administration Manual on Uniform Traffic Control Devices

2009 and subsequent revisions

 

MUTCD is available on the internet at (www.mutcd.fhwa.dot.gov).  The MUTCD is available through AASHTO

$60.00.

 

 

Tra 501.04(a)(7)
Tra 502.04(a)(4)

 

AASHTO Roadside Design Guide,

4th Edition, 2011

 

AASHTO bookstore on the internet (www.transportation.org) or at

1-800-231-3475

American Association of

State Highway &

Transportation Officials

444 North Capitol Street N.W., Suite 249

Washington, DC 20001

$216

 

 

Tra 501.04(a)(8)
Tra 502.04(a)(5)

 

New Hampshire Department of Transportation (NHDOT)
Standard specifications for Road

and Bridge Construction, 2010 Edition

 

 

NH Dept. of Transportation
7 Hazen Drive

John O. Morton Building
Concord, NH 03301

$25; or  available on line at www.nh.gov/dot/org/projectdevelopment/index.htm

 

 

Tra 501.04(a)(9)
Tra 502.04(a)(6)

 

New Hampshire Department of Transportation (NHDOT) Highway Design Manual, 1999

 

NH Dept. of Transportation
7 Hazen Drive,
John O. Morton Building
Concord, NH 03301

$40 or available on line at www.nh.gov/dot/org/projectdevelopment/index.htm

 

 

Tra 501.04(a)(10)

 

New Hampshire Department of Transportation (NHDOT)
Bridge Design Manual

January 2015 – v. 2.0.

 

 

NH Dept. of Transportation
7 Hazen Drive
John O. Morton Building
Concord, NH 03301

$25 or are available on line at www.nh.gov/dot/org/projectdevelopment/index.htm