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Section 2: Employee Responsibilities

Cooperation with the Contractor

Work with the contractor in a congenial and professional manner. Provide clear, precise and concise instructions to authorized personnel with no trace of malice, unfriendliness, or anger. Limit instructions to the contractor to those within the scope of the contract. Ask the contractor if there are questions about any instructions. Resolve misunderstandings with the contractor promptly.

Provide instructions on major issues to the contractor in writing and maintain the written instructions in the project records. Record verbal instructions on minor and major issues in the project diary.

Discuss minor irregularities with individual contractor employees only if authorized to do so by the contractor.

Resolve differences of opinion regarding the contract promptly and fairly within the scope of the contract. If disagreements cannot be satisfactorily resolved, refer the matter to an immediate supervisor. Contact the Construction Division (CST), Field Engineering Branch (FE) for assistance in resolving disputes.

Contact with the Public

Department personnel are public employees. The public will judge the department by its work and by the actions and attitudes of each employee. Take responsibility to create good will for the department and earn the respect and confidence of the public.

Extend courtesy and patience to the public. Take precautions in those instances where it is necessary to inconvenience the public due to construction operations. Ensure adequate warning signs, barricades, directional signs, flaggers, access to property, etc., are provided to move traffic quickly and safely through the work area. Make every effort to maintain access to private property at all times during operations. When access to any property is temporarily interrupted, provide a minimum of one calendar day advance notice of the interruption to the property occupant. Include with the notice a courteous explanation of the reasons for the interruption. Provide courteous and prompt responses to questions received.

Sanitary Accommodations

Ensure that the contractor provides and maintains adequate, neat, and sanitary accommodations for all project personnel, including State employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities having jurisdiction.

Public Safety and Convenience

Ensure that the contractor satisfies the requirements of Article 7.7, “Public Safety and Convenience,” of the Standard Specifications in accordance with the contract. Take any corrective action deemed necessary to ensure safety and convenience facilities of the public. Deduct the cost of any corrective action work from money due or to become due to the contractor.

Complete the following to provide safety and convenience to the traveling public:

  • have the contractor maintain the road in a good and passable condition
  • coordinate the placement of regulatory speed zone signs with the contractor
  • use regulatory speed limits as needed only
  • coordinate with area law enforcement to ensure the posted regulatory speed limits are enforced
  • check the project site for flaggers' compliance with contract requirements
  • make careful effort to reduce damage caused by loose gravel
  • use appropriate work zone signing to warn the public of driving and traffic handling precautions
  • other actions deemed necessary.

Barricades, Warning and Detour Signs, and Traffic Handling

The contractor is responsible for providing, installing, moving, replacing, maintaining, cleaning, and removing all traffic control devices in accordance with the contract. Take any corrective action deemed necessary to ensure requirements are met. Deduct the cost of any corrective action work from money due or to become due to the contractor.

Obtain from the contractor the name and contact information for the contractor responsible person (CRP). The CRP is responsible for taking or directing corrective measures of noted deficiencies associated with the traffic control plan ( TCP).Correct all noted deficiencies as soon as possible.

Ensure the department responsible person (DRP) observes the implementation of the TCP on each project. The District Safety Review Team and the District Traffic Control Coordinator (TCC) will periodically review the project for contract compliance. The TCC, accompanied by the DRP (if possible), performs quarterly barricade inspections and completes a " Traffic Control Devices Inspection Checklist," (Form 599). The TCC should accompany each DRP on the first inspection.

Protection of Adjoining Property

Ensure the contractor protects adjacent property from damage and takes corrective action to restore damaged property to a condition similar or equal to that existing before the damage occurred. Do not reimburse the contractor for corrective action to restore damaged property. If the contractor fails or refuses to restore damaged property, notify the contractor of such damages in writing and request corrective action.

Using Explosives

Obtain a written blasting plan from the contractor when required by the contract or as deemed appropriate. Observe and monitor the contractor’s operations to ensure compliance with the federal, state, and applicable local laws, ordinances, and regulations pertaining to the storage and use of explosives. Ensure the contractor provides at least a 48-hr. advance notice to the appropriate Road Master (defined in the 2004 Standard Specifications, Article 1.110) before performing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track.

Contractor’s Responsibility for Work

Open any roadway or portion of the roadway to traffic if deemed in suitable condition for travel. Ensure the contractor repairs damage until final acceptance. If deemed appropriate, relieve the contractor from maintenance for isolated work locations, vegetative establishment and maintenance periods or work suspensions.

Electrical Work

If required by the contract, obtain from the contractor the name and contact information for the certified person or licensed electrician. Ensure that all electrical work is completed as required by Article 7.15, “Electrical Requirements,” of the standard specifications.

Work Near Railroads

Ensure the contractor complies with railroad company requirements for work within the railroad right of way. Do not reimburse the contractor for any costs associated with railroad company requirements. If work near a railroad will require railroad company flaggers, reimburse the contractor for use of the railroad company flaggers. Do not reimburse the contractor for costs associated with temporary railroad crossings.

Unless otherwise shown in the contract, do not allow the contractor to:

  • store material or equipment in the railroad’s right of way within 15 ft. of the centerline of any track or
  • place any forms or temporary falsework within 8.5 ft. horizontally from the centerline or 22 ft. vertically above the top of rails of any track or

Refer to specific requirements in the plans and railroad agreement.

Noise Abatement

Ensure the contractor minimizes noise throughout all phases of the contract. Do not allow the contractor placement of mobile or stationary equipment that will disrupt normal adjacent activities. For equipment in use on the project, ensure that the contractor does not remove or make ineffectual manufacturer installed noise attenuation devices such as mufflers, engine covers, insulation, etc.

Complaints from the public on any issue are addressed by the Public Information Office (PIO) or the district PIO.

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