Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - HIGHWAY CROSSINGS BY OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Section 28.12 - Preparation of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will contract with the requester to indemnify the state for the cost of
				  maintenance or repair to that portion of the highway crossed by vehicles which
				  cannot comply with one or more restrictions of Transportation Code, Chapter
				  621.
(b) The department will, at
				  the expense of the requester, periodically maintain and repair the vehicle
				  crossing in accordance with established departmental regulations,
				  specifications, and engineering standards and practices.
(c) If the proposed vehicle crossing requires
				  initial upgrading or reconstruction to safely and adequately accommodate the
				  vehicles which will be using the highway crossing, the requester will bear the
				  entire cost of such work. Construction plans, specifications, traffic control
				  plans, and any other related work will be provided by the requester at no cost
				  to the state. At the sole option of the department, it may elect to do this
				  work or provide for this work by separate contract, with the requester bearing
				  the entire cost.
(d) The requester
				  will be responsible for furnishing, installing, maintaining, and removing when
				  no longer required all traffic control devices which are required at the
				  crossing to insure the safety of the traveling public. At the sole option of
				  the department, it may elect to do this work or provide for this work by
				  separate contract, with the requester bearing the entire cost. All
				  traffic-control devices and flaggers, if required, shall be in accordance with
				  the Texas Manual on Uniform Traffic Control Devices.
(e) The requester shall indemnify the
				  department for the cost of maintenance and repair to the vehicle crossing. The
				  requester shall, at the entire expense of the requester, provide and keep in
				  force a surety bond in an amount determined by the state to cover the cost of
				  such maintenance and repair. The bond will require approval by the attorney
				  general and comptroller of public accounts.
(f) The requester shall keep the roadway free
				  of debris and objectionable dust, lights, or noise.
(g) The requester shall provide the
				  department with the department's certificate of insurance covering the latest
				  insurance requirements for contractors doing state highway construction
				  work.
(h) The responsibilities of
				  the requester as set forth in the contract shall not be transferred, assigned,
				  or conveyed to a third party without approval of the department.
(i) If, in the sole judgment of the
				  department, it is determined at a future date that traffic conditions have so
				  changed that the existence or use of the vehicle crossing is impeding
				  maintenance, damaging the highway facility, impairing safety, or that the
				  vehicle crossing is not being properly operated, or that it constitutes a
				  nuisance, or if for any other reason it is in the department's judgment that
				  such a facility is not in the public interest, the vehicle crossing shall be
				  modified if corrective measures acceptable to both the department and the
				  requester can be applied to eliminate the objectionable features of the
				  facility or terminated and the use of the area as a vehicle crossing
				  discontinued.
(j) Upon termination
				  of the contract the department shall make an inspection of the crossing site.
				  If additional repairs, modifications, or rehabilitation is required to return
				  the highway to its original condition, the requester shall bear the entire
				  expense of such work.