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I-35 Investigation: Documents provide answers for I-35 construction delays

TxDOT frequently has project management meetings with James Construction so Channel 6 requested the meeting minutes.

CENTRAL TEXAS — I-35 may seem like the highway that never stops being built, but without a response from the contractors on that project, it's difficult to address why. James Construction, which recently changed it's name to PSC Heavy Civil, handles three projects between Temple and Waco that total 21 miles. They haven't returned calls from Channel 6, but newly-obtained documents shed light on the problems with those projects.

TxDOT frequently has project management meetings with James Construction, so Channel 6 requested the meeting minutes.

In those documents Channel 6 found multiple entries that said roadways worked on by the contractor "failed." One said, "Portion of SBFR by new Midway Off Ramp is failing. JCG to schedule and perform full depth repair to remedy." Another note said, "Hold off SBFR pavement failure for now; perform full depth repair when weather/crews are available." Still another said, "SAM to provide cost to TxDOT to overlay failing NBFR from Pizza Hut to NBML Nugent on ramp."

Another entry suggested the contractor was having trouble scheduling jobs. An entry said, "This work was approved over two years ago by change order; JCG failed to prosecute work required to accommodate their own work schedule."

But Texas District 55 Representative Hugh Shine told Channel 6 he had also been investigating the construction issues, and there is plenty of blame to go around.

"What I discovered, there was quite a percentage of contracts let when the right of ways were nor completely purchased," Shine said.

That means TxDOT gave out contracts for work before it was possible to get the work started. Shine said TxDOT also failed to provide information on utilities located in the project area, causing more delays when those utilities are interfered with.

TxDOT Northeast Texas Communications Director Tony Hartzel admitted to Channel 6 in an emailed statement that these issues had occurred.

"Right of way acquisition and utility work posed challenges in earlier phases of the project," Hartzel said. "The project has continued to progress since those issues were addressed."

The documents, however, state James Construction is still running into unexpected utilities. One note said, "JCG brought it to TxDOT’s attention that a water line installed to support the Baylor Scott and White data facility was obstructing flow for Culvert 6 construction. TxDOT to check to see who should address."

Yet another source of delay was the BNSF Railway. Representative Hugh Shine stated previously that he had to get the railroad involved after it became apparent that Railroad infrastructure was in the way of the highway.

"I had to personally get involved in contacting Santa Fe (BNSF), talking to their folks and getting them here to start working on that," Shine said. "And then they left... It took me two or three months to get Burlington Northern Santa Fe to come back."

Shine said James Construction had trouble staying in contact with BNSF, and meeting notes indicate the railway was not in contact with TxDOT either.

One notes stated, "Brought to TxDOT’s attention that all of the erection plans (Belco, Lampasas Sub, & Underpass) need to be approved by BNSF engineer review process." Another stated, "Still waiting for BNSF approval for lift plans," and yet another, "No word from BNSF on Lampasas Sub pick plans.".

While it can be easy to lay the majority of blame for a project taking too long at the contractor's feet, Shine said there are many players in the project that have slowed it down.

"The city, the utility companies, TxDOT, the design engineers, the contractor... From my perspective, there were lots of people involved causing... maybe had responsibility on why things were not moving according to plan," Shine said.

That assessment seemed true as Channel 6 sifted through documents. Still, Shine said the project could be completed in about a year.

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