By Tim Baxter, Road Safety and Loss Prevention Specialist
State wide Internal Road Department Assessments were conducted in all 82-member county road departments during the years of 2017 and 2018. This was done to determine where assistance was needed to improve road department safety and reduce liability. One of the many deficiencies found was the lack of good contracts for armor coat, crack seal, asphalt, and other construction and maintenance projects. Many counties either had no contract or signing requirements with the contractor or were missing in the most important aspects of contracts such as contractor liability insurance, responsibilities’ for signing, performance, completion dates, etc.
As a result of the internal assessments, it was determined that 41 of the 82 NIRMA member counties, or 50%, had substandard contracts or no contracts whatsoever.
Simple comprehensive armor coat and crack sealing contracts have been developed for use by our member counties. Most larger projects in counties, such as asphalt resurfacing, bridges, etc. are hopefully designed by engineers who provide the proper contracts. These include liability insurance, contractor required construction signing, plans, specifications, etc. The internal road department assessments showed that a large number of counties do not have contracts related to armor coat and crack sealing.
Even if the county does not let a project to bid, due to estimate being lower than state bidding law requirements, a contract needs to be entered into between the county and contractor for liability insurance, performance bonds, construction signing, completion date, specifications, etc. and to hold the contractor to their quoted price. Without a proper written agreement outlining the respective party’s duties and responsibilities the county and its taxpayers might be opening itself up to unnecessary liability that should properly be the responsibility of the contractor who is actually doing the work.
Counties should NEVER pay a contractor before the work is completed. Sadly, this has happened and then the county is out those funds and the project is not completed.
Please contact me should you have questions related to construction projects, contracts, liability insurance, etc.
As counties prepare for a busy construction season, now is a good time to have safety meetings on the hazards of construction work as well as proper construction signing. Remind employees of the dangers of trench collapses, traffic through construction work zones, equipment operation, etc. Make sure plenty of the proper hearing and eye protection, safety vests, and other necessary personal protective equipment is available. Ensure first aid kits and fire extinguishers are in all vehicles to provide the proper first aid should it be needed. Ensure employees are performing walk around inspections prior to starting equipment each day and repairing any deficiencies found during the walk around.
Please be safe this construction season and contact me at tim@nirma.info or 402-310-4417 for additional training or if you have any questions.
