TxDOT contract risk register: explore real TxDOT contracts

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The contractor is fully responsible for restoring any non-project lights, signals, or other systems disconnected by their work to working condition, increasing potential financial liability for damages and repair costs.

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The contractor must follow specific City instructions regarding white-lining construction limits and other unspecified City instructions, potentially impacting field operations and requiring adaptation to external directives.

Clean and restore property damaged by the Contractor’s operations during the prosecution of the work

Imposes a strict 14-working-day deadline for restoring and stabilizing all disturbed areas from the start of work in that area, a requirement not specified in the general cleanup or acceptance articles.

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Contractor assumes sole responsibility for any additional costs resulting from the use of contractor-submitted precast concrete alternate designs.

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Requires immediate measurement of vertical clearance and posting of a clearance sign before opening a bridge to traffic, imposing a specific sequence and critical hold-point.

Give the Engineer sufficient notice to inspect the work.

Requires a minimum 72-hour notice to the State before pouring bridge superstructure and substructure components, a stricter and more specific requirement than the general inspection notice.

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Contractor is explicitly liable for additional costs for any contractor-requested deviations from plans not required for installation.

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Adds a specific compliance requirement for construction, operation, and maintenance with the TCEO state implementation plan, which could impose additional environmental costs and procedures.

Obtain approval before deviating from the plans and approved working drawings

Mandates Engineer approval for all culverts, inlets, and low water crossings prior to their installation, establishing a field hold-point.

The Engineer’s measurements and surveys do not relieve the Contractor’s responsibility for accuracy of work

Mandates verification of all material quantities shown on the plan before ordering, adding a required pre-procurement step.

Give the Engineer sufficient notice to inspect the work.

Mandates providing bearing seat elevations to the department three working days before beam placement, a new pre-placement submission requirement.

1.1. Buy America. Comply with the latest provisions of Buy America pertaining to steel and iron in accordance with 23 CFR § 635.410. Use steel or iron materials manufactured in the United States except when waived in accordance with Section 6.1.2., “Buy America Exceptions.” Submit a notarized original FORM D-9-USA-1 (Department Form 1818) with the proper attachments for verification of compliance

The General Notes impose the broader Build America, Buy America Act (BABA Act) requirements, necessitating a specific TxDOT certification form for all construction materials, which conflicts with the Specification's focus solely on Buy America for steel and iron and requiring a different form (D-9-USA-1). This significantly expands material sourcing and compliance burdens.

The cost of handling and placing materials supplied by the Department will not be paid for directly, but will be subsidiary to the Item in which they are used

The General Notes specify the exact pickup location, detailed scope of handling, and requirement for Contractor-provided labor, equipment, and vehicles for Department-furnished materials, adding specific cost elements to consider for the bid which are only generally stated as subsidiary in the Specification.

Transfer to the Department warranties and guarantees required by the Contract or received as part of normal trade practice

The General Notes require all materials and equipment to be fully functional per manufacturer's normal specifications and warranties, including additional manufacturer-supplied functions not explicitly specified by TxDOT, potentially broadening performance requirements and increasing quality assurance costs beyond the Spec.

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The General Notes introduce a requirement to return any unused Department-furnished materials "as soon as possible," adding a new logistical and cost burden not explicitly defined or implied for disposition of Department-owned materials in the Specification.

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The General Notes explicitly restrict the use of Department-furnished material solely to the intended TxDOT project(s), imposing a specific material management limitation not found in the Specification.

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Restricts concrete trucks on interstate highways to 6 CY unless a lift axle is used, impacting concrete delivery logistics and productivity.

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Requires an 18-working-day notice to TxDOT prior to bridge demolition, which could impact the demolition schedule.

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Mandates a 10-day written notice to each residence and business prior to construction phases affecting ingress/egress, adding administrative and logistical burden.

Provide uniformed law enforcement personnel with patrol vehicles as directed. Document the work zone traffic services provided in the manner prescribed by the Department. Law enforcement personnel providing work zone traffic services must be trained for the service they perform. Comply with Section 7.2.6.5., “Training

Specifies that providing licensed peace officers for traffic control will be paid by force account, which alters the cost recovery method compared to general law enforcement provision.

Bird and nest removal must not occur during vegetation clearing, construction, or maintenance activities on structures where birds or nests are present during the nesting season, as shown on the plans. If work will occur during the nesting season, measures to prevent nest establishment must be used before the start of nesting season or any activity

Mandates removal of empty barn swallow nests from bridge structures, adding a specific environmental operational task with required prior coordination.

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Requires providing a lidded dumpster for personnel, capable of staying closed in high winds, with costs subsidiary to other bid items.

Submit an electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods (e.g., holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity (or activities, based on the number of interruptions) similarly numbered with successive alpha character as necessary. The original duration of the subsequent activity will be that of the remaining duration of the original activity. Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained. Once established, the original durations and actual dates of all activities must remain unchanged. Revisions to the schedule may be made as necessary. The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur. Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule’s critical path and project completion date. Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of:  the actual start dates for activities started,  the actual finish dates for activities completed,  the percentage of work completed and remaining duration for each activity started but not yet completed, and  the calendars to show days actual work was performed on the various work activities. The cutoff day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th calendar day of the following month. The Engineer will evaluate the updated schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer’s comments, or reasons for not doing so, within 5 calendar days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource-leveling is being used

Failure to submit monthly schedule updates can lead to the Engineer withholding monthly estimates, creating a significant cash flow risk.

Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this Article unless otherwise shown on the plans

Paving operations are restricted to 9 PM to 6 AM, Sunday through Thursday, imposing tight scheduling and resource allocation constraints.

If the Contractor fails to complete the work within the number of working days specified, working days will continue to be charged. Failure to complete the Contract, callout work, or a work order within the number of working days specified, including any approved additional working days, will result in liquidated damages for each working day charged over the number of working days specified. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract, callout work, or work order remains incomplete. This amount will be assessed not as a penalty but as liquidated damages

A disincentive of $17,785 per day applies for failing to substantially complete Milestone 1 within 137 working days, posing a high financial risk for schedule overruns.