Section 2: Work DocumentsAnchor: #b050004
Article 5.3, “Conformity with Plans, Specifications, and Special Provisions,” of the Standard Specifications states the following regarding payment for materials:
The department will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor’s control.
Article 9.2, “Plans Quantity Measurement,” of the Standard Specifications states the following regarding plans quantities:
Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing specifications or this Article.
Article 9.3, “Scope of Payment,” of the Standard Specifications states the following regarding payment for material:
The Department will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor’s obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work.
Excess materials acquired by the state are handled by using the following procedures:
- The contractor suitably stores or stockpiles materials and the materials meet specifications at the time the contractor turns them over to the state.
- A duly executed change order (CO) between the state and the contractor shall cover the acquisition.
- After completion of the CO and the work, make payment to the contractor by including the agreed compensation in the next estimate.
- If the materials are not to be used on the contract involved, then charge the cost to the district stock account.
Refer to “Receipt from Contract" from the Materials and Supply Management System (MSMS) Users’ Manual for more instructions on transactions involving materials that will be charged to the district stock account. Purchase excess material from the contractor due to significant quantity errors in the plans. Reimburse the contractor at the material invoice price. An additional add-on of 5% is permissible.
NOTE: When purchased materials are not used on a federal-aid project, note the material cost as "non-participating" on the final estimate and the CO.Anchor: #b050005
Erect warning and regulatory signs called for in the traffic control plan (TCP) at the appropriate locations. Use signs only when necessary. Cover signs placed prior to their need and do not leave in place longer than necessary. Remove or cover signs that restrict the speed limit in a construction or maintenance work zone during any period for which restricted speed limit does not apply. Discuss the timing of sign erection and removal requirements at the pre-construction conference.
Standard traffic signs that are well maintained and properly used promote public safety and gain the respect of the traveling public.
For more information on temporary traffic control for construction areas, refer to Compliant Work Zone Traffic Control Device List. For more information on construction speed zones, refer to "Procedures for Establishing Speed Zones."
Erect regulatory speed limit signs in the construction zone designating the limits of the roadway section where speed reduction is necessary for the safe operation of traffic and protection of construction personnel. Install the signs only to the limits needed. Even though the entire length of the project may have a reduced maximum speed limit authorized by Commission Minute Order or City/County Ordinance, reduced speed limits are in effect only within the limits between the erected speed limit signs. Regulatory speed zone signs must have an applicable Commission Minute Order or City Ordinance.
Advisory speeds are the desirable speeds for curves, intersections, or other locations where design standards or physical conditions of the roadway restrict safe operating speeds to values less than the maximum legal speeds or posted regulatory speed limit. Advisory speed signs may be erected within a regulatory speed zone to advise drivers of a safe operating speed to negotiate roadway features. A Commission Minute Order or City Ordinance is not required for advisory speed zones. Advisory speed zones are therefore more flexible as they may be changed without revising existing Commission minutes or ordinances.
For more information on construction speed zones, see Procedures for Establishing Speed Zones volume of the Traffic Operations manual collection.
Locations of speed zones signs shall be set by the engineer. Ensure speed limit signs erected on posts are properly covered at all times when the reduced speed limits are not necessary. Remove construction speed limit signs when reduced construction speed limits are not necessary for the operation in progress.
Properly maintain all traffic control devices and ensure they are legible at all times, and in conformance with the contract, the Texas Manual on Uniform Traffic Control Devices for Streets and Highways ( TMUTCD), and the Traffic Signals Manual volume of the Traffic Operations manual collection.Anchor: #b050020
Traffic Control Plan (TCP) Documentation
Document the TCP activities in the diaries and on Form 599. If accidents occur, limit the documentation to the incident, date and time. In addition to Form 599 inspections, document compliance with contract requirements and deficiencies with the date of correction in the contract diary on a more frequent basis than that required for the 599 inspections.
Perform a detailed inspection of TCP’s in the field immediately after traffic alignment changes. Documentation of these detailed inspections may be made by photograph, video, use of Form 599, memorandum or other media.�
Document changes to the TCP shown in the plans prior to or immediately after implementing the changes. Document changes that:
- alter the original TCP or
- make changes that increase or decrease sign or design traffic control requirements.
The change in TCP documentation requirements applies generally to project specific TCPs and changes to non-project-specific TCP standards. Minor adjustments to meet practical placement requirements in the field do not necessarily require documentation. Place the documented changes to the TCP with the plans or in the files, as appropriate, and provide copies to inspectors and the contractor.
Changes to TCP plans sheets are under the direct supervision of the engineer and require signing, sealing and dating. These requirements apply to sketches and marked up copies of plan sheets as well. The engineer's written instructions to the field for the TCP changes require the engineer's Professional Engineer (PE) designation and the date.Anchor: #b050021
Open Records Requests for Form 599
File Form 599, videos and photographs of detailed inspections, accident investigations, and other specific inspection documentation separate from the project files with a folder labeled "DO NOT DISCLOSE - EXCEPTED FROM DISCLOSURE BY 23 USC §409.”
Forward all open records requests associated with barricaded inspection checklists to the Office of General Counsel (OGC) as soon as they are received. OGC will then facilitate communication with the Attorney General’s Office (AG).
The following OGC opinion applies to open records requests that pertain to the subject form:
Barricade Inspection checklists (i.e. Form 599) fall under the category of safety information that federal law exempts from discovery, which makes them exempt from disclosure under the Public Information Act. The Attorney General’s Office routinely allows OGC to withhold these checklists, but not unless each time a request is received, OGC requests an opinion from the Attorney General’s Office within ten business days. The only time they may be given out is to the responsible contractor during routine monthly inspections.
Based on this opinion, Form 599s, for both ongoing and completed projects, are not subject to disclosure except as noted above.Anchor: #b050023
Pedestrian and ADA Requirements
Pedestrian elements, including sidewalks, curb ramps and landings, pedestrian signal push buttons, crosswalks, etc., must be constructed to be accessible to all users, including disabled users. Ensure fixed objects such as sign and signal supports, controller cabinets, etc., are located where they will not obstruct the accessible path.
Ensure that information contained in ADA Inventory Data Entry (access rights required) on the Design Division (DES) Intranet web page is current. As construction improvements take place, it is critical that this database be updated in order to track and report department progress to the Federal Highway Administration (FHWA) on an annual basis.Anchor: #b050022
File documents containing information identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings separate from the project files in a folder boldly labeled "DO NOT DISCLOSE - EXCEPTED FROM DISCLOSURE BY 23 USC §409.” This includes information generated as part of the project such as 599 forms. This information may only be provided to the responsible contractor during routine monthly inspections. Form 599 folders may be separated from the primary project file and maintained at the district or the area office.
Release of this file, except as noted above, must be approved by OGC. Forward all open records requests associated with the contents of this file to OGC as soon as the request is received. OGC will facilitate communication with the AG’s office. If an AG opinion is not obtained, denial of release of copies may be disallowed.Anchor: #b050006
The contract may require that the contractor furnish working drawings such as:
- shop drawings
- supplementary bridge plans, or erection drawings for bridge structure components
- sign supports
- illumination facilities and
- other items.
A licensed professional engineer must sign, seal, and date working drawings in accordance with Article 5.2, “Plans and Working Drawings,” of the Standard Specifications. Handle the review and approval of these drawings and other required information according to instructions found in the specifications. Use the “ 2004 Construction Specification Required Shop/Working Drawing Submittals” for requirements associated with working drawing submittals.Anchor: #b050008
Coordination of Contract Documents
Article 5.4, “Coordination of Plans, Specifications, and Special Provisions,” of the Standard Specifications states the following regarding the coordination of plans, specifications and special provisions:
The specifications, accompanying plans (including additional plans for non-site specific work), special provisions, COs, and supplemental agreements are intended to work together and be interpreted as a whole.
Numerical dimensions govern over scaled dimensions. Special provisions govern plans (including general notes), which govern over standard specifications and special specifications. Job-specific plan sheets govern over standard plan sheets.
However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1 through 9 and Item 502, “Barricades, Signs, and Traffic Handling,” special provisions govern over standard specifications and special specifications, which govern over plans.