Application of Contract Elements During Construction


The construction phase of the project is guided by elements included in the plans, specifications and estimate (PS&E) and the bid documents executed during letting.

Contractor Responsibilities

  • Comply with all requirements of the bid documents

Local Government Responsibilities

  • Provide adequate inspection and contract administration using properly trained and fully competent individuals
  • Develop and retain adequate documentation to demonstrate all contract requirements are met

TxDOT Responsibilities

  • Provide oversight of the local government and project
  • Create and retain adequate documentation to verify that the construction contract was performed in accordance with the PS&E and bid documents
  • Ensure that the local government and TxDOT fulfilled their responsibilities stated in their Advance Funding Agreement

Critical Contract Elements

Critical contract elements applicable to the construction process that must be properly administered by the local government with TxDOT oversight include the following:

  • Change Orders
  • Liquidated Damages
  • False Statements
  • Designated Material Sources / Disposal Sites
  • Differing Site Conditions
  • Disadvantaged Business Enterprises (DBE), Historically Underutilized Businesses (HUB), and Small Business Enterprises (SBE)
  • Equal Employment Opportunity
  • Equipment Rental Rates
  • Form FHWA-1273
  • Title VI Compliance
  • Materials
  • Patented/Proprietary Products
  • Prison Produced Materials
  • Salvage Credits
  • Temporary Traffic Control Devices
  • Non-discrimination against Persons with Disabilities
  • Non-segregated Facilities
  • Americans with Disabilities Act
  • Prevailing Minimum Wage (Davis-Bacon Act)
  • Convict (Inmate) Labor
  • Safety:  Accident Prevention (OSHA)
  • Trench Safety
  • Purchase of Equipment
  • Publicly-owned Equipment