Notification and Coordination

When the contractor or TxDOT staff member encounters materials that, upon visual observation or odor, seem likely to contain hazardous materials, he/she must notify the project/Area Engineer immediately, per Item 6.10, TxDOT Standard Specifications . The Engineer must take the following notification and coordination steps to deal with hazardous materials after discovery:
  • Secure the suspected area for worker and public safety as needed. If possible, relocate the contractor on the project to avoid or minimize construction downtime.
  • Notify the Environmental Affairs Division (ENV) and the District Construction Office.
  • Determine applicable regulations; ENV can assist. If notification is required or additional regulatory assistance desired, the district construction office should notify the local office of the Texas Commission on Environmental Quality (TCEQ). ENV is available to facilitate communication and coordination with the TCEQ.
  • Confirm or evaluate whether special provisions are needed. The Engineer may contact ENV for assistance in contracting for statewide environmental engineering consultant services.
  • If possible or practical, identify and notify the responsible parties for preventive action and/or cost recovery.
When hazardous materials are discovered, TxDOT assumes responsibility from the contractor for testing, removal or disposition. The standard provisions of the contract address compensation to the contractor for delays and work stoppages. In accordance with Item 4.4 of the TxDOT Standard Specifications, the contractor should be given the option to perform the testing, removal and/or disposition as "extra work" by a change order(s). The Engineer may need to obtain proposals and estimated costs for "extra work" from consultants and/or specialty contractors to compare with the estimate from the contractor. If the “extra work” is not an option, work should be suspended wholly or in part through proper notice to the contractor. If possible, re-deploy the contractor on the construction project to avoid or minimize construction downtime.
Another option is to arrange for an emergency contract for a specialty contractor. Some districts may have prearranged purchase orders for specialty contractors and/or laboratories. An environmental consultant may be necessary for testing or developing preventive action plans. ENV can provide statewide environmental engineering, testing, consulting, remediation and abatement contract services as needed.
Coordinate between the Construction Division (CST), the Design Division (DES), ENV, the prime construction contractor, specialty subcontractor, environmental consultant, responsible parties, and other agencies. At this time, consider "partnering" to reduce the possibility of future claims.
Coordinate the implementation of preventive action with the construction activities of the project. This may involve concurrent activities by consultants, specialty contractors, and the prime construction contractor/subcontractors.
If work is suspended, then the District Construction Office and Engineer will issue a "notice of resumption of suspended work" to the prime construction contractor when preventive action is completed.