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Contract - J.D. Abrahms - 1/14/2021 ANIL g".20 ".0°5 41111111, ORIGINAL 41111. CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT IOW mriileklar Adak ROUND ROCK TEXAS ink Ank Project Manual For: ,., University Boulevard Expansion Proj CSJ 0914-05-193 �► FEDERAL AID PROJECT No. STP 2021 (278) MM September 2020 APPROVED BY ATTO:TMNEY Prepared By: 41111111M A- Mi. 411.6, 41'4; . ..... eiter . . , */ , ,L Am:kes i i rovip Ili,�'9FG/ST � �., ��� � --- TABLE OF CONTENTS Section Description No. of Pages 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 00200 Bid Bond 2 00300 Bid Form 17 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 00600 Insurance& Construction Bond Forms - - Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 5 02000 Plans, Details and Notes 82O16 Table of Contents 00090665 ,��i615�f rr;•,•i�; . � J +NNm�n Nim �•w•i•f•lf ,�441�4'F"'rv4^Yif ly�y ��ISi'i'rvR•a•i'I•f' NN �6NNN�aNp� �w�yNNNNro� fSii�'s s,ia�av .y'PNVk',ti716Nfi( vNRUJrF�x ---- NOTICE TO BIDDERS Sealed bids addressed to Dawn Scheel, PE, City of Round Rock, Transportation Department, 3400 Sunrise Drive, Round Rock, TX 78665, for furnishing all labor, material and equipment and performing all work required for the project titled, University Boulevard Expansion A.W. Grimes to SH 130 (earthwork, grading, drainage structures, base course, asphaltic concrete pavement, signals, signing and pavement markings), will be received until Wednesday, December 2, 2020 at 2:00 pm, then publicly opened and read aloud at the same address. Bid envelopes shall state date and time of bid and "University Boulevard Expansion ---- Project".Bids must also be accompanied by a"Statement of Bidder's Safety Experience"included in Section 410 of the Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. This project is being partially funded by the City of Round Rock and Capital Area MPO funds and is subject to Federal requirements contained within this document. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round --- Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications, _._ and Instructions to Bidders may be obtained from the City of Round Rock website at the following web address: http:thvww.roundrocktexasgcyLtransso1icit. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. For questions please contact the City's Project Manager, Dawn Scheel, PE—(512) 218-6603. In case of ambiguity,duplication,or obscurity in the bids,the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and to waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the City of Round Rock's standard contract and to furnish performance and payment bonds, all as described in the bid documents. Contractors and subcontractors shall pay to laborers,workmen,and mechanics the prevailing wage rates as determined by the City of Round Rock. A non-mandatory Pre-Bid conference will be held at 3400 Sunrise Road., Round Rock, Texas on Tuesday,November 17, 2020 at 2:00 p.m. ,..., Publish Dates: Round Rock Leader: November 5th, 7th, 12th, 14th, 19th, and 21st 00020 10-2015 Notice to Bidders 00193093 Page 1 ,vc�P'P Pw•�r.w{ray >'PF''`N1'rli f'rorp -'•°'a'P§P I d�"1 Y�rvrpyryT'�4 fl,•.t'r r,NR'h+ .ggaumwo�ooro�a�aq. .+GSh�asun:•smspN v M araya�p[p a•r-•rytt„ a_mow,, ' v«•wv'rl•idfrbny .d,�trwvv�'m>avva 00100 INSTRUCTIONS TO BIDDERS ,_ d41'w•�ccyw, r;ro ovs�sl� ,nNv«ewv�v srbl�, Y 4rA'f•;�7 s�a�R•Hwt r l$ JNv^Nl, I@.rnl'I't I'011, R i�r'f 1'T'!i'>ro1�ry nJS, I 1 AWaµga�sewya�yaNr§� CHILD SUPPORTS ATEMENT Under secti*on Code,the vendot or certifies that the i*ndi'vidual or busi*ness.^...,.a-`,. ....' contract,bi*d,.^ `..' to`._`'.`' specifi*ed grant,loan,.' and that../`...''t....` and payentmay.�`'...'..,'```+....``..'..`.'.^`'. State of Texas Child Support Business Ownership Form Count Williamson Project Name: University Blvd Y TxDOT CSJ: 0914-05-193 LG Project Number: Business Entity Submitting Bid: J. D. Abrams, L. P Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25°A)or more of the business entity submitting the bid. 1. In the spaces below please provide the names and social security number of individuals owning 25% or more of the business. None, J. D. Abrams, is a 100% Employee owned company Name Social Security Number 2. Please check the box below if no individual owns 25% or more of the business. ( X. No individual own 25% or more of the business. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651-699). Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The information collected on this form will be maintained by City of Round Rock . With few exceptions, you are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the Government Code, you are also entitled to have information about you corrected that you believe is incorrect. 12/02/2020 Sig ture Date Martin Poduska Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM. ATTACHMENT B CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid,or application is eligible to receive the specified grant,loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. List below the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25%of the business entity submitting the bid or application. NAME . SOCIAL SECURITY NUMBER None,J. D. Abrams, is a 100% Employee owned company Section 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. Except as provided by Section 231.302(d), Family Code,a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provision of Parts A and D o Title IV of the federal Social. Security Act (42 USC Section 601417and .51 : ' J. D. Abrams, L. P. Sign.' Company Official Printed/Type Firm Name Martin Poduska Chief Estimator 12 02 2020 Printed/Typed Name and Title Date City of Round Rock Transportation University Expansion CONSTRUCTION PROJECT CONTRACT NO. *********** NON-COLLUSION AFFIDAVIT STATE OF Texas COUNTY OF Travis Martin Poduska ,of the City of Pflugerville , County of Travis and State of Texas , being of full age and duly sworn according to law on my oath depose and say: That I am Chief Estimator (Title)of J. D.Abrams,L. P. 'the Bidder making the Bid submitted to the City of Round Rock,on the 2ndday of December2020,for Contract No. I 9183A24601C in connection with the University Expansion Construction Project; that I executed the said Bid with full authority to do so; The said Bidder has not,directly or indirectly,entered into any combination or arrangement with any person,firm or corporation or entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free,competitive bidding or which would increase the cost of construction or maintenance in connection with the said Contract;that no person or selling agency has been employed or retained to solicit or secure the said Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide full-time employees; And that said Bidder is or has been a member of the following highway contractors' association during the preceding twelve months: Name of Association Location of Principal Office Association of General Contractors Austin, Texas I further warrant that all statements contained in said Bid and in this Affidavit are true and correct and made with full knowledge that the said Authority relies upon the truth of the statements contained in said Bid and in this Affidavit in awarding the said Contract. Sworn to and subscribed By: before me this 25th erson igning Bid day of November 2020 . Print Name: Martin Poduska "Title: Chief Estimator N r u is ;I SANDL LINDBERG � ���►� Notary ID#126459303 Mt, MyCommission Expires ' vim. September 7,2024 • NI/� My commission expires: q v - (a'1 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action 3. Report Type: a a. contract a a. bid/offer/application a a. initial filing b. material change b. grant b. initial award c. cooperative agreement c. post-award For Material Change Only: d. loan Year Quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and a Prime ❑ Subawardee Address of Prime: Tier ,if known: J. D. Abrams, L. P. 5811 Trade Center Drive, Bldg.1 Austin, Texas 78744 Congressional District, if known: Congressional District, if known: 6.Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10.a.Name and Address of Lobbying Entity b. Individuals Performing Services (including address of different • (if individual,last name, first name, MI): from No. 1Da.) None (last name,first name, MI): None (attach Continuation Sheet(s)SF-LLL-A,if necessary) 11. Amount of Payment (check all that apply): N/A 13. Type of Payment(check all that apply): N/A ❑ a. retainer $ ❑ actual ❑ planned ❑ b. one-time fee 12. Form of Payment(check all that apply): N/A ❑ c. commission ❑ a. cash ❑ d. contingent fee ❑ b. in-kind;specify: nature ❑ e. deferred value ❑ f. other;specify: 14. Brief Description of Services Performed or to be Performed and Date(s)of Service, including officer(s), employee(s),or Member(s) contacted, for Payment indicated in Item 11.: None (attach Continuation Sheet(s)SF-LLL-A,if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: ❑ Yes I No 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities Signature: is a material representation of fact upon which reliance was ./ placed by the tier above when this transaction was made or artin Podusk entered into. This disclosure is required pursuant to 31 Print Name: U.S.C. 1352. This information will be reported to the Chief Estimator Congress semi-annually and will be available for public Title: inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than 12/02/2020 $10,000 and not more than$100,000 for each such failure. Telephone No.: (512) 322-4000 Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL FF ,�•, Control :0914-05-193 Project :STP 2019 (756) Highway : University County:Williamson DISAVANTAGED BUSINESS ENTERPRISES REQUIREMENTS The following goal for disadvantaged business enterprises is established: DBE 7% By signing the proposal, the Bidder certifies that the above DBE goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substantiate the attempt to meet the goa. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements for the proposal. As a result,the bid proposal guaranty of the bidder will become property of the City of Round Rock and the Bidder will be excluded for rebidding on the project when it is re-advertised. Introduction Local Government General Requirements For all projects with State or Federal funds,and/or all projects on the State Highway System regardless of funding source,a r'iii**' Local Government rust either adopt the latest TxDOT Standard Specifications,Special Specifications,and required Special Provisions or request TxDOT written approval of alternate,equivalent specifications. TxDOT's 2014 Standard Specifications for Construction andA4aintenance of Highways, Streets, and Bridges"are the latest TxDOT Standard Specifications. These "General Requirements"along with additional requirements specified by the particular local government,are intended as a templete for Item 1-0 in TxDOT's Standard Specifications on projects let by a local government that is on the State Highway System or includes reimbursement to the local government using FHWA or TxDOT funds. This document is inte nded to be used as a template that allows the local government to modify Item 1-9 to meet their particular ✓ needs while assuring that all local,state,and federal statutory requirements are addressed. As this document modifies a TxDOT publication,there may be a question about terminology. In general,the"Owner"or the"Engineer"references the local government or theirrepresentatives(Consulting Engineers,etc.) Reference to"Department"or"Engineer"in the construction and maintenance specifications refers to the local government except when it is referencing a TxDOT specification,manual, material specification,Material Producers List or test method. '"'"'*, r'� Foreword OUTLINE OF SPECIFICATIONS Each specification is outlined by articles and sections.The basic articles required for a specification are: 1. DESCRIPTION --� 2. MATERIALS 3. EQUIPMENT 4. CONSTRUCTION OR WORK METHODS 5. MEASUREMENT 6. PAYMENT Some articles are not used in every item.Measurement and Payment articles are combined when the work described is subsidiary to bid items of the Contract. HIERARCHY OF ORGANIZATIONAL ELEMENTS Here"XXX"represents the item number.The hierarchy of organizational elements available below the item level is as follows: X)(X.1.,Article XXX.1.1.,Section XXX.1.1.1.,Section XXX.1.1.1.1.,Section XXX.1.1.1.1.1.,Section XXX.1.1.1.1.1.1.,Section The term section is used for all breaks below the article. Nr e e e e•rp•�p•, �gvyf�„NUHaW III asp�o�•�r I.01I/frty. I.gyyxr�'r e i•i'yl lip �'rNl'p i'•�'I"yNN�yy. I .�nv4vu'�'r�'i•r rmNB�.. yvsN yew•.aw�awuVa-. ,mmrr•�..«wm,r.«V, }Iflp'^N,w•�^gym,•�"nllNrlfl4 RflSNf 11�'r I I'. I -�va•a.�v�i ,�'vsu«��'e�c•L�rof�, ,w w �,v'rL����erauraR �gnrxd�vv�o-g14�", II Item IL Abbreviations and Definitions 1. APPLICABILITY --- Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below. 2. ABBREVIATIONS MR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects --- AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee, Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association -ry API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage �- AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers `-' CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration, U.S.Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America fits"ft IMSA International Municipal Signal Association IISO International Organization for Standardization ITS Intelligent Transportation System SITE Institute of Transportation Engineers LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) J EMA National Electrical Manufacturers Association NEPA National Environmental Policy Act -- \JESC National Electrical Safety Code NFPA National Fire Protection Association "PN NIST National Institute of Standards and Technology ,.., NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance TPEP National Transportation Product Evaluation Program (OSHA Occupational Safety&Health Administration,U.S.Department of Labor pCA Portland Cement Association pCl Precast/Prestressed Concrete Institute PE Professional Engineer ,oft, pPl Plastics Pipe Institute PS&E Plans,Specifications,and Estimates PSL Project-Specific Location - --- PTI Post-Tension Institute IAA Quality Assurance CSC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas fiBE Small Business Enterprise FPA Southern Forest Products Association SI International System of Units $PIB Southern Pine Inspection Bureau '^' $SPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality 1DLR Texas Department of Licensing and Regulation TGC Texas Government Code i-MUTCD Texas Manual on Uniform Traffic Control Devices txDOT Texas Department of Transportation VJL Underwriters Laboratory, Inc. USC United States Code WVRI Wire Reinforcement Institute WWPA Western Wood Products Association n 3. DEFINITIONS _-- 3.1. brasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost.Contractor's actual cost to provide labor,material,equipment,and project overhead necessary orthe work. (***, 3.3. Addendum.Change in bid documents developed between advertising and bid submittal deadline. 3.4. Additive Alternate.A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The additive alternate items include work that may be added to the base bid work. 3.5. Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The deductive alternate items include work that may be deducted from the base bid work. 3.6. Advertisement.The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.7. Affiliates.Two or more firms are affiliated if they share common officers,directors,or stockholders;a family member of an officer,director,or stockholder of one firm serves in a similar capacity in another of the firms; an individual who has an interest in,or controls a part of,one firm either directly or indirectly also has an interest in,or controls a part of,another of the firms;the firms are so closely connected or associated that one of the firms,either directly or indirectly,controls or has the power to control another firm;one firm controls or has the power to control another of the firms;or the firms are closely allied through an established course of dealings,including,but not limited to,the lending of financial assistance. 3.8. Air Blasting.Spraying blasts of pressurized air free of oil and moisture. 3.9. Air Temperature.The temperature measured in degrees Fahrenheit(°F)in the shade,not in the direct rays of the sun,and away from artificial heat. 3.10. Anticipated Profit. Profit for work not performed. 3.11. Apparent Low Bidder.The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner. 3.12. Architect of Record.A person registered as an architect or licensed as a landscape architect,in accordance with State law,exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract;or a firm employed by the Owner to provide professional architectural services. 3.13. Arterial Highway.A highway used primarily for through traffic and usually on a continuous route. 3.14. Notice of Award.The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Base Bid.The total bid amount without additive alternates. 3.16. Bid.The offer from the Bidder for performing the work described in the bid documents,submitted on the prescribed bid form,considering addenda issued and giving unit bid prices for performing the work described in the bid documents. 3.17. Bid Bond.The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.18. Bid Documents.The complete set of documents necessary for a Bidder to submit a bid.The documents may include plans,specifications,special specifications,special provisions,addenda,and the prescribed form a Bidder is to submit as the Bid.Other terms used may include general conditions,proposal, instructions to bidders,and construction specifications. 3.19. Bid Error.A mathematical mistake made by a Bidder in the unit price entered into the bid documents. ,4114%, 3.20. Bid Form.The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered. 3.21. (Bidder.An individual,partnership,limited liability company,corporation,or joint venture submitting a bid for proposed Contract. 3.22. Mast Cleaning.Using one of the blasting methods,including,but not limited to,water blasting,low-pressure iater blasting,high-pressure water blasting,abrasive blasting,water-abrasive blasting,shot blasting,slurry blasting,water injected abrasive blasting,and brush blasting. 3.23. bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water,a highway, �...., or a railway)having a roadway or track for carrying traffic or other moving loads,and having an opening measured along the center of the roadway of more than 20 ft.between faces of abutments,spring lines of arches,or extreme ends of the openings for multiple box culverts. 3.24. rush Blasting.Sweeping lightly with an abrasive blast to remove loose material. 3.25. building Contract.A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities.Building Contracts are considered to be construction Contracts. 3.26. 9ertificate of Insurance.A form approved by the Owner covering insurance requirements stated in the ontract. 3.27. change Order.Written order to the Contractor detailing changes to the specified work,item quantities or any bther modification to the Contract. 3.28. Concrete Construction Joint.A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.29. concrete Repair Manual.TxDOT manual specifying methods and procedures for concrete repair as an r^ extension of the standard specifications. 3.30. ConcreteWorks0.TxDOT-owned software for concrete heat analysis.Software is available on the TxDOT's website. 3.31. Construction Contract.A Contract entered under State law for the construction,reconstruction,or maintenance of a segment of the Owner's transportation system. 3.32. Oonsultant.The licensed professional engineer or engineering firm,or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted tlo the Engineer or architect of record. .-- 3.33. bontract.The agreement between the Owner and the Contractor establishing the obligations of the parties or furnishing of materials and performance of the work prescribed in the Contract documents. 3.34. contract Documents.Elements of the Contract,including,but not limited to,the plans,specifications incorporated by reference,special provisions,special specifications,Contract bonds,change orders, r..., ddendums,and supplemental agreements. (0"., 3.35. ,ontract Time.The number of days specified for completion of the work,including authorized additional Working days. 3.36. contractor.The individual,partnership,limited liability company,corporation,or joint venture and all principals and representatives with which the Contract is made by the Owner. (411*, 3.37. controlled Access Highway.Any highway to or from which access is denied or controlled,in whole or in part,from or to abutting land or intersecting streets,roads,highways,alleys,or other public or private ways. 3.38. Control of Access.The condition in which the right to access of owners or occupants of abutting land or _.. other persons in connection with a highway is fully or partially controlled by public authority. 3.39. Control Point.An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.40. Cross-Sections.Graphic representations of the original ground and the proposed facility,at right angles to the centerline or base line. LL - 3.41. Culvert.Any buried structure providing an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges.(See Section 1.3.23.,"Bridge.") 3.42. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.43. Daily Road-User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.44. Date of Written Authorization.Date of the written Notice to Proceed authorizing the Contractor to begin work. 3.45. Debar(Debarment).Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in local,state,or federal law. 3.46. Detour.A temporary traffic route around a closed portion of a road. 3.47. Department.When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner.When used in other contexts such as technical specifications,refers to the Texas Department of Transportation. 3.48. Departmental Material Specifications.Reference specifications for various materials published by TxDOT's Construction Division with a DMS-X)(X)(X numbering system. 3.49. Direct Traffic Culvert.Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.50. Disadvantaged Business Enterprise.A small business certified through the Texas Unified Certification ---ry Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.51. Divided Highway.A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement.A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Engineer.The Professional Engineer licensed in Texas who represents the interests of the Owner. 3.54. Entity.Political subdivision for which the project is designed and constructed.Either a Municipality(City)or a County or other entity organized under the authority of State of Texas statutes. May also be referred to as an Owner. 3.55. Expressway.A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.56. Family Member.A family member of an individual is the individual's parent,parent's spouse,step-parent, step-parents spouse,sibling,sibling's spouse,spouse,child,child's spouse,spouse's child,spouse's child's ,..,, spouse,grandchild,grandparent,uncle,uncle's spouse,aunt,aunt's spouse,first cousin,or first cousin's spouse. (46%, 3.57. Force Account.Payment for directed work based on the actual cost of labor,equipment,and materials furnished with markups for project overhead and profit. 3.58. (Freeway.An expressway with full control of access. 3.59. Frontage Road.A local street or road auxiliary to and located along an arterial highway for service to ,.,, abutting property and adjacent areas and for control of access(sometimes known as a service road,access load,or insulator road). 3.60. Hazardous Materials or Waste.Hazardous materials or waste include,but are not limited to,explosives, `06k, Compressed gas,flammable liquids,flammable solids,combustible liquids,oxidizers,poisons,radioactive (#"*., materials,corrosives,etiologic agents,and other material classified as hazardous by 40 CFR 261,or (0'1*P., applicable state and federal regulations. 3.61. High-Pressure Water Bleating.Water blasting with pressures between 5,000 and 10,000 psi. 3.62. Highway,Street,or Road.General terms denoting a public way for purposes of vehicular travel,including the entire area within the right of way.Recommended usage in urban areas is highway or street;in rural areas,highway or road. 3.63. Historically Underutilized Business.A corporation,sole proprietorship,partnership,or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts,and 51%owned by pne or more persons who are economically disadvantaged because of their identification as members of pertain groups,including African Americans,Hispanic Americans,Asian-Pacific Americans, Native Americans,or women,and have a proportionate interest and demonstrate active participation in the control, operation,and management of the business'affairs. Individuals meeting the HUB definition are required to pe residents of the State of Texas.Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. - - 3.64. Incentive/Disincentive Provisions.An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone,phase,or Contract completion --. dates.The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control,delays to the motorists,and other items involved in the Contract. 3.65. Independent Assurance Tests.Tests used to evaluate the sampling and testing techniques and equipment Osed in the acceptance program.The tests are performed by the Owner or the Owner's representative and ire not used for acceptance purposes. r#11', 3.66. Inspector.The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract. 3.67. Intelligent Transportation System.An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. intersection.The general area where 2 or more highways,streets,or roads join or cross,including the ¶oadway and roadside facilities for traffic movements within it. 3.69. Island.An area within a roadway from which vehicular traffic is intended to be excluded,together with any area at the approach occupied by protective deflecting or warning devices. 3.70. Joint Venture.Any combination of individuals,partnerships,limited liability companies,or corporations submitting a single bid form. 3.71. Lane Rental.A method to assess the Contractor daily or hourly rental fees for each lane,shoulder,or combination of lanes and shoulders taken out of service. -�' 3.72. Letting.The receipt,opening,tabulation,and determination of the apparent low Bidder. 3.73. Letting Official.The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.74. Licensed Professional Engineer.A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas;also referred to as a Professional Engineer. --- 3.75. Limits of Construction.An area with established boundaries,identified within the highway right of way and easements,where the Contractor is permitted to perform the work. 3.76. Local Street or Road.A street or road primarily for access to residence,business,or other abutting property. --. 3.77. Low-Pressure Water Blasting.Water blasting with pressures between 3,000 and 5,000 psi. 3.78. Major Item.An item of work included in the Contract that has a total cost equal to or greater than 5%of the original Contract or$100,000 whichever is less.A major item at the time of bid will remain a major item.An item not originally a major item does not become one through the course of the Contract. _._. 3.79. Material Producer List.TxDOT-maintained list of approved products.Referenced as"Department's MPL". 3.80. Materially Unbalanced Bid.A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner. 3.81. Mathematically Unbalanced Bid.A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit,overhead costs,and other indirect costs. 3.82. Median.The portion of a divided highway separating the traffic lanes in opposite directions. 4� 3.83. Milestone Date.The date that a specific portion of the work is to be completed,before the completion date --- for all work under the Contract. 3.84. Monolithic Concrete Placement.The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.85. National Holidays.January 1,the last Monday in May,July 4,the first Monday in September,the fourth Thursday in November,and December 24 or December 25. 3.86. Nonhazardous Recyclable Material.A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.87. Nonresident Bidder.A Bidder whose principal place of business is not in Texas.This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.88. Nonresponsive Bid.A bid that does not meet the criteria for acceptance contained in the bid documents. (4"", 3.89. Non-Site-Specific Contracts.Contracts in which a geographic region is specified for the work and for which Work orders,with or without plans,further detail the limits and work to be performed. .---- 3.90. Notice to Proceed,Written notification to the Contractor authorizing work to begin. 3.91. Notification.Either written or oral instruction to the Contractor concerning the work.Voice mail is oral notification. 3.92. Owner,Political subdivision for whom the project is designed and constructed.Either a Municipality(City),a County or other entity organized under the authority of State of Texas statutes.May also be referred to as an Entity. 3.93. Pavement.That part of the roadway having a constructed surface for the use of vehicular traffic. r^ (ow, 3.94. Pavement Structure.Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. --° 3.94.1. Surface Course.Pavement structure layers designed to accommodate the traffic load.The top layer resists kidding,traffic abrasion,and the disintegrating effects of climate and is sometimes called the wearing - -. course. 3.94.2. base Course.One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.94.3. ubgrade.The top surface of a roadbed upon which the pavement structure,shoulders,and curbs are onstructed. 3.94.4. pubgrade Treatment. Modifying or stabilizing material in the subgrade. ,01*, 3.95. Payment Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. .. _ 3.96. l'erformance Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.97. Plans.The approved drawings,including true reproductions of the drawings that show the location, character,dimensions,and details of the work and are a part of the Contract. 3.98. Dower of Attorney for Surety Bonds.An instrument under corporate seal appointing an attorney-in-fact to act on behalf of a Surety in signing bonds. 3.99. Qualification.The process for determining a Contractor's eligibility to be awarded a construction contract ,04*., 3.100. requaIification.The process for determining a Contractor's eligibility to bid work. 3.101. Prequalification Statement.The forms on which required information is furnished concerning the ontractor's ability to perform and finance the work. 3.102. Frequalified Contractor. A contractor that is approved to bid on TxDOT contracts by satisfying their I?requalification Process. 3.103. Iost Qualfication.The owner will determine if contractors are qualified to bid on the project after bids are open. The bid documents will identify the minimum requirements that contractor must meet to be qualified fr the project.Unqualified contractors'bids will be considered non-responsive and not accepted. __. 3.104. Project-Specific Location.A material source,plant,waste site,parking area,storage area,field office, staging area,haul road,or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.105. Proposal Guaranty.The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.106. Quality Assurance.Sampling,testing,inspection,and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.107. Quality Control.Sampling,testing,and other process control activities conducted by the Contractor to monitor production and placement operations. 3.108. Ramp.A section of highway for the primary purpose of making connections with other highways. 3.109. Referee Tests.Tests requested to resolve differences between Contractor and Owner test results.The referee laboratory is the Owners. --- 3.110. Regular Item.A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. ..� 3.111. Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates. 3.112. Replacement Alternate.A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.113. Responsive Bid.A bid that meets all requirements of the advertisement and the bid documents for acceptance. �TM 3.114. Right of Way.A general term denoting land or property devoted to transportation purposes. 3.115. Roadbed.The graded portion of a highway prepared as foundation for the pavement structure and shoulders.On divided highways,the depressed median type and the raised median type highways are considered to have 2 roadbeds. Highways with a flush median are considered to have 1 roadbed.Frontage roads are considered separate roadbeds. 3.116. Road Master.A railroad maintenance official in charge of a division of railway. --- 3.117. Roadside.The areas between the outside edges of the shoulders and the right of way boundaries.Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.118. Roadway.The portion of the highway(including shoulders)used by the traveling public. 3.119. Sandblasting,Dry.Spraying blasts of pressurized air combined with sand. 3.120. Sandblasting,Wet. Spraying blasts of pressurized water combined with sand. 3.121. Shoulder.That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.122. Shot Blasting.Spraying blasts of pressurized air combined with metal shot. 3.123. Sidewalk.Portion of the right of way constructed exclusively for pedestrian use. 3.124. Slurry Blasting.Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.125. Special Provisions.Additions or revisions to these standard specifications or special specifications. 3.126. Special Specifications.Supplemental specifications applicable to the Contract not covered by these standard specifications. (4"r', 3.127. 'Specifications.Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract.References DMSs,ASTM or AASHTO specifications,or TxDOT bulletins and manuals,imply the latest standard or tentative standard in effect on the date of the bid.The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L,"Scope of Work." 3.128. Small Business Enterprise.A firm(including affiliates)whose annual gross receipts do not exceed the U.S. 'Small Business Administration's size standards for 4 consecutive years. 3.129. State.The State of Texas. '^ 3.130. Left Blank 3.131. Station.A unit of measurement consisting of 100 horizontal feet. -- 3.132. Subcontract.The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. _-- 3.133. subcontractor.An individual,partnership,limited liability company,corporation,or any combination thereof that the Contractor sublets,or proposes to sublet,any portion of a Contract,excluding a material supplier,a .. hauling firm hauling only from a commercial source to the project,truck owner-operator,wholly-owned subsidiary,or specialty-type businesses such as security companies and rental companies. 3.134. Subsidiary.Materials,labor,or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. ........... 3.135. Substructure.The part of the structure below the bridge seats,but not including bearings,drilled shafts,or piling. Parapets,back walls,wing walls of the abutments,and drainage structures are considered parts of the Substructure. 3.136. Superintendent.The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor. 3.137. Superstructure.The part of the structure above the bridge seats or above the springing lines of arches and ncluding the bearings. Flatwork construction may be considered superstructure. 3.138. Supplemental Agreement.Written agreement entered into between the Contractor and the Owner and approved by the Surety,covering alterations and changes in the Contract.A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one party to another or other cases as desired by the Owner. 3.139. Surety.The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material Supplied in the prosecution of the work. 3.140. Surplus Materials.Any debris or material related to the Contract but not incorporated into the work. 3.141. Suspension.Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a contract 3.142. Tex XXX-X. TxDOT material test methods found on TxDOT's Construction Division Web Site. 3.143. Traffic Lane.The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 3.144. Traveled Way.The portion of the roadway for the movement of vehicles,exclusive of shoulders and auxiliary --- lanes. 3.145. Truck Owner-Operator.An individual who owns and operates 1 truck for hire. 3.146. UT-Bridge.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. -ie 3.147. UT-Lift.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.148. Utility.Privately,publicly,or cooperatively owned lines,facilities,and systems for producing,transmitting,or --- distributing communications,power,heat,gas,oil,water,waste,or storm water that are not connected with the highway drainage,signal systems,or other products that directly or indirectly serve the public;the utility company. 3.149. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. .__. 3.150. Water-Abrasive Blasting.Spraying blasts of pressurized water combined with abrasive media. 3.151. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.152. Water-Injected Abrasive Blasting.Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.153. Wholly-Owned Subsidiary.A legal entity owned entirely by the Contractor or subcontractor. 3.154. Work.The furnishing of all labor,materials,equipment,and other incidentals necessary for the successful completion of the Contract. 3.155. Written Notice.Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular,registered,or certified mail and delivered to the last known business address;sent by facsimile to the last known phone number;or sent by e-mail to the last known address.The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. Item 2L Instructions to Bidders .--- 1. INTRODUCTION (04', Instructions to the Contractor in these specifications are generally written in active voice,imperative mood. The subject of imperative sentences is understood to be"the Contractor."The Owner's responsibilities are generally written in passive voice,indicative mood.Phrases such as"as approved,""unless otherwise pproved,""upon approval,""as directed,""as verified,""as ordered,"and"as determined"refer to actions of the Engineer unless otherwise stated,and it is understood that the directions,orders,or instructions to which they relate are within the limitations of and authorized by the Contract. LL 2. LIGIBILITY OF BIDDERS Bidders on this project must be prequalified though TxDOT.Refer to TxDOT's web site for prequalification requirements.Assure prequalification documents are submitted to TxDOT at least 14 days before bid opening.Comply with all technical prequalification requirements in the bid documents. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained at_www.roundrocktexas.gov � -- At the time Bid Documents are obtained,Bidder must provide a working e-mail address,so as to receive any '^ addenda or clarification issued by the Owner. ---- The Owner will not issue bid documents if one or more of the following apply: '^ ■ the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid �^^ documents, rn the Bidder failed to enter into a Contract on the original award, IN the Bidder was defaulted or terminated on the original Contract,unless the Owner terminated for convenience,or rn the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based. 4. INTERPRETING ESTIMATED QUANTITIES - - rhe quantities listed in the bid documents are approximate and will be used for the comparison of bids. (Payments will be made for actual quantities of work performed in accordance with the Contract. 5. EXAMINING DOCUMENTS AND WORK LOCATIONS examine the bid documents and specified work locations before submitting a bid for the work.Submitting a bid will be considered evidence that the Bidder has performed this examination.Borings,soil profiles,water levations,and underground utilities shown on the plans were obtained for the use of the Owner in the -µ preparation of plans.This information is provided for the Bidder's information only and the Owner makes no representation as to the accuracy of the data.Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations,the possible erosion of stream channels and banks after Survey data have been obtained,and the unreliability of water elevations other than for the date recorded. __ Oral explanations,instructions,or consideration for Contractor-proposed changes in the bid documents given during the bidding process are not binding.Only requirements included in the bid documents and Owner- issued addenda are binding.Request explanations of documents at least five(5)days prior to the bid .._ opening. Immediately notify the Owner of any error,omission,or ambiguity discovered in any part of the bid documents.The Owner will issue addenda when appropriate. 6. PREPARING THE BID Prepare the bid form furnished by the Owner. Informational bid forms printed from the Owner's website will not be accepted. Specify a unit price in dollars and cents for each regular item,additive alternate item,deductive alternate item or replacement alternate item for which an estimated quantity is given. When"Working Days"is an item,submit the number of working days to be used to complete the Contract or phases of the Contract. The Owner will not accept an incomplete bid.A bid that has one or more of the deficiencies listed below is considered incomplete: ---� • the bid form was not signed, • all certifications were not acknowledged, • a regular item,additive alternate item or deductive alternate item is left blank, • a regular item and the corresponding replacement alternate item are left blank, --_.. • the bid form submitted had the incorrect number of items,or • all addenda were not acknowledged. 7. NONRESPONSIVE BID The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: • The bid was not in the hands of the Letting Official at the time and location specified in the advertisement. • A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. ----- • The Bidder failed to acknowledge receipt of all addenda issued. • The bid form was signed by a person who was not authorized to bind the Bidder or Bidders. • The bid guaranty did not comply with the requirements contained in this Item. • The bid was in a form other than the official bid form issued by the Owner. • The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. • The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. • The Bidder did not attend a specified mandatory pre-bid conference. • The Bidder did not meet the requirements of the technical qualification. • The Bidder did not include a signed State of Texas Child Support Business Ownership Form. --- • The bidder is not prequalified by TxDOT 8. $UBMITTALOFBIDS 8.1. Printed Bid. 8.1.1. did Form.Mark all entries in ink.As an alternative to hand writing the unit prices in the bid form,submit a typed bid form.A typed bid form must contain the information in the format shown on the"Example of Bid prices Submitted by Computer Printout"in the bid form.When regular bid items have corresponding replacement alternate items,select the bid item or group of '^ items to be used for the bid tabulation.Acknowledge all addenda by checking the appropriate box on the addendum acknowledgement page.Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture,provide the complete and correct name of all Bidders submitting the bid. In the case of a joint venture,the person signing .--- the bid form must be authorized to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials,the Bidder must either: ■ submit unit bid prices for domestic items only,or iii submit unit bid prices for both the domestic and foreign items. -- 8.1.2. Sid Guaranty.Provide a bid guaranty in the amount indicated on the bid documents.Use either a guaranty check or a printed bid bond.An electronic bid bond may be used as the guaranty.Ensure the electronic bid J bond meets the requirements of Section 2.8.1.2.,"Bid Guaranty,"and submit the electronic bid bond with the printed bid. 8.1.3. Guaranty Check. Make the check payable to the Owner.The check must be a cashier's check,money order,or teller's check drawn by or on a state or national bank,or a state or federally chartered credit union (collectively referred to as"bank").The check must be dated on or before the date of the bid opening. ,041w, Postdated checks will not be accepted.The type of check or money order must be indicated on the face of the instrument,except in the case of a teller's check,and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument;be drawn by a bank and n a bank;or be payable at or through a bank.The Owner will not accept personal checks,certified checks, r other types of money orders. "- 8.1.4. Bid Bond.Use the bid bond form provided by the Owner.Submit the bid bond with the powers of attorney attached and in the amount specified.The bond must be dated on or before the date of the bid opening,bear the impressed seal of the Surety,and be signed by the Bidder or Bidders and an authorized individual of the Surety.As an alternative for joint venture Bidders,each of the Bidders may submit a separate bid bond completed as outlined in this section.Bid bonds will only be accepted from Sureties authorized to execute a eok, bond under and in accordance with State law. 8.1.5. Submittal of Bid. Place the completed bid form and the bid guaranty in a sealed envelope marked to indicate the contents. When submitting by mail or delivery service,place the envelope in another sealed envelope and address as --- indicated in the official advertisement or in the bid documents. It is the Bidder's responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening.To be accepted,the bid must be in the hands of the Letting Official by that time of opening regardless of the _-- method chosen for delivery. 8.1.6. evising the Bid Form.Make desired changes to the bid form in ink and submit the bid to the Letting _ Official.The Owner will not make revisions to a bid on behalf of a Bidder. 8.1.7. Withdrawing a Bid.Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests.A written request must be signed and submitted to the Letting fficial with proof of identification.The request must be made by a person authorized to bind the Bidder or - { --- Bidders. In the case of joint venture,the Owner will accept a request from any person authorized to bind a party to the joint venture.The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 9. OPENING AND READING OF BIDS ---- At the time,date,and location specified in the official advertisement,the Owner will publicly open and read bids. LL 10. TABULATING BIDS 10.1. Official Total Bid Amount.The Owner will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount,except as provided in Section 2.11.,"Consideration of Unit Prices."The official total bid amount is the basis for determining the apparent low Bidder.The total bid amounts will be compared and the results made public. 10.2. Rounding of Unit Prices.The Owner will round off all unit bids involving fractional parts of a cent to the nearest one-tenth cent($0.001)in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract.For rounding purposes,entries of five-hundredths of a cent ($0.0005)or more will be rounded up to the next highest tenth of a cent,while entries less than five- hundredths of a cent will be rounded down to the next lowest tenth of a cent. 10.3. Interpretation of Unit Prices.The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items.The Owner's determination will be final. 10.4. Consideration of Unit Prices. 10.4.1. A+B Bidding.The official total bid amount will be determined by the summation of the Contract amount and the time element.The Owner will use the following formula to make the calculation: --_ A+BI +B2+BX+... +BT The Contract amount,equal to A in the formula,is determined by the summation of the products of the approximate quantities shown in the bid and the unit bid prices bid.The time element,equal to BI,B2, BX ry (when phases are included as bid components),and BT(substantial completion of the project when included as a bid component),of the bid is determined by multiplying the number of working days bid to substantially complete the project,or phases,by the daily road-user cost(RUC)provided on the bid documents.When --- partial days are bid they will be rounded up to the nearest whole day. The formula above determines the low Bidder and establishes the Contract time. 10.4.2. °Buy America." Comply with Buy America in accordance with Section 6.1.1..For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder,their total bid must be at least --- 25%lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project,as delivered to the project site,is less than$2,500 or one-tenth-of- one-percent(1/10 of 1%)of the Contract amount,whichever is greater --►, 11. CONSIDERATION OF BID ERRORS. 4 � The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have --- been met: ..., • Submit written notification to the Owner within 5 business days after the date the bid is opened. ■ Identify the items of work involved and include bidding documentation.The Owner may request - clarification of submitted documentation. The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following: ■ The bid error relates to a material item of work. ■ The bid error amount is a significant portion of the total bid. ■ The bid error occurred despite the exercise of ordinary care. ■ The delay of the proposed work will not impact cost and safety to the public. r"'' Acceptance of the bid error claim by the Owner will result in the rejection of the bid of the apparent low bidder and the Owner may consider the second responsive bid.The erring Contractor will not be allowed to bid the project if it is relet.Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Owner. 12. TIE BIDS If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted,each tie bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids, --e the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids,no withdrawals will be allowed and the low Bidder will be determined by a coin toss.The Letting Official will LL preside over the proceedings for the coin toss. Item 3L Award and Execution of Contract ,•., 1. AWARD OF CONTRACT The Owner will award,reject,or defer the Contract within 30 days after the opening of the bid.The Owner reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner. 1.1. Award.The Owner will award the Contract to the low Bidder as determined by Article 2.11.,"Tabulating Bids."The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: • The low Bidder withdraws its bid. ---- • The low Bidder fails to enter into a contract with the Owner after Award • The second low Bidder's unit bid prices are reasonable. 1.2. Rejection.The Owner will reject the Contract if: • Collusion may have existed among the Bidders.Collusion participants will not be allowed to bid future bids for the same Contract. • The low bid is mathematically and materially unbalanced.The Bidder will not be allowed to bid future bids for the same Contract. • The lowest bid is higher than the Owner's estimate and re-advertising for bids may result in a lower bid. • Rejection of the Contract is in the best interest of the Owner. --- 1.3. Deferral.The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. 2. RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no " - compensation due when the cancellation is in the best interest of the Owner.The Owner will return the bid . _. guaranty to the Contractor. 3. DISADVANTAGED BUSINESS ENTERPRISE(DBE)/HISTORICALLY UNDERUTILIZED --- BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. 4. EXECUTION OF CONTRACT Provide the following within 10 days after written notification of award of the Contract: 4.1. Contract.Executed by Contractor and Surety. �._ 4.2. Bonds.Executed performance bond and payment bond in the full amount of the Contract price with powers of attorney.Provide bonds in accordance with Table 1.Furnish the payment and performance bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount _ Required Bonds Less than$25,000 None $25,000 to$100,000 Performance and Payment More than$100,000 Performance and Payment 4.3. Insurance.Submit a Certificate of Insurance showing coverages in accordance with Contract requirements. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension P _ of work or default of the Contract. If the insurance expires and coverage lapses for any reason,stop all work (#1"*., until the Owner receives an acceptable Certificate of Insurance. provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage shown in Table 2.The Certificate of Insurance must be in a form approved by the Owner.Any Certificate of Insurance provided must be available for public inspection. '^ Table 2 Insurance Requirements Type of Insurance Amount of Coverage r06*'' Commercial General Liability Insurance Not Less Than: $500,000 each occurrence Business Automobile Policy Not Less Than. $500,000 combined single limit Workers'Compensation Not Less Than: Statutory ,,^ All Risk Builder's Risk Insurance 100%of Contract Price (For building-facilities Contracts only) Oy signing the Contract,the Contractor certifies compliance with all applicable laws,rules,and regulations pertaining to workers'compensation insurance.This certification includes all subcontractors.Pay all (0114,, deductibles stated in the policy. Subcontractors must meet the requirements of Table 2 either through their wn coverage or through the Contractor's coverage. The Workers'Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. for building-facilities Contracts,provide All Risk Builder's Risk Insurance to protect the Owner against loss by storm,fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure.Name the Owner under the Lost Payable Clause. For Contracts with railroad requirements,see project-specific details for additional insurance requirements. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of itiotification if the Surety is declared bankrupt or insolvent,the Surety's underwriting limitation drops below the contract amount or the Surety's right to do business is terminated by the Owner.The substitute Surety must ,.•►, te authorized by the laws of the State and acceptable to the Owner.Work will be suspended until a substitute Surety is provided.Working day charges will be suspended for 15 days or until an acceptable surety is provided,whichever is sooner. The work performed under this section will not be measured or paid for directly but will be subsidiary to " pertinent items. 4.4. lailroad Documents. Provide all required documents for satisfaction of railroad requirements for projects hat have work which involves railroad right of way. r", 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Article 3.4.,"Execution of Contract,"the bid guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Contractor forfeiting the bid guaranty will not be considered in future bids for the same work unless there has been a substantial change in design of the work. LL - 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. 7. RETURN OF BID GUARANTY The bid guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed.Bid bonds will not be returned. 8. BEGINNING OF WORK .._w,. Do not begin work until authorized in writing by the Owner. When callout work is required,provide a method of contact available from 8 A.M.until 5 P.M.every work day and 24 hr.a day,7 days a week for projects with emergency mobilization,unless otherwise shown on the plans.The time of notice will be the transmission time of the notice sent,provided orally,or provided in --- person by the Owner's representative. Verify all quantities of materials shown on the plans before ordering. For projects with alternate bid items,the work order will identify the base bid work and additive or deductive alternate work to be performed.The Owner makes no guarantee that the additive or deductive alternate work will be required. 9. ASSIGNMENT OF CONTRACT Do not assign,sell,transfer,or otherwise dispose of the Contract or any portion rights,title,or interest (including claims)without the approval of the Owner or designated representative.The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place. 10. EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency. Item 4L ._ . Scope of Work 1. CONTRACT INTENT .- The intent of the Contract is to describe the completed work to be performed.Furnish materials,supplies, tools,equipment,labor,and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. fosk, 2. PRECONSTRUCTION CONFERENCE --- Before starting work,schedule and attend a preconstruction conference with the Owner.Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Work with the Owner to resolve all issues during the course of the Contract.Refer to Article 4.7.,"Dispute or Claims Procedure,"for all unresolved issues. --- 3. PARTNERING The intent of this Article is to promote an environment of trust,mutual respect,integrity,and fair-dealing between the Owner and the Contractor. nformal partnering does not make use of a facilitator,while formal partnering uses the services of a facilitator (internal or external). 3.1. Procedures for Partnering Meetings and Format. Informal partnering is required,unless formal partnering as mutually agreed to instead of the informal partnering. 3.2. Facilitators.The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions.Choose either n internal or external facilitator.The facilitator must be acceptable to the Engineer. -- -- 3.2.1. Internal Facilitators.An Owner or Contractor internal(staf)facilitator may be selected as the facilitator at '01"", o additional cost to either party. --- 3.2.2. external Facilitators.A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator.Submit the facilitator's name and estimated fees for approval before contracting with the facilitator. 3.3. Meetings and Arrangements.Coordinate with the Engineer for meeting dates and times,locations including third party facilities,and other needs and appurtenances, including,but not limited to,audio or visual equipment.Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicinity of the project if available.Submit the estimated meeting costs for approval before finalizing arrangements. coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda.Prepare a list of attendees with job titles and include critical Contractor,subcontractor, end supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes,but is not limited to,Owner,TxDOT,other local governments,law enforcement,railroad,and utility representatives. Participate in additional partnering meetings as mutually agreed. 3.4. Payment.Expenses for labor,Contractor equipment,or overhead will not be allowed. Markups as prescribed in Article 9.7.,"Payment for Extra Work and Force Account Method,"will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators,the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator,including,but not limited to,meals,travel,and lodging.Owner -- - facilitators,if available,may be used at no additional cost. For formal partnering using external facilitators,submit an invoice to the Engineer for reimbursement.The Owner will reimburse the Contractor for half of the eligible expenses as approved.For external facilitators not approved by the Owner but used at the Contractor's option,the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances,submit an invoice to the Engineer for reimbursement.The Owner will reimburse the Contractor for half of the eligible expenses as approved. 4. CHANGES IN THE WORK --- The Engineer reserves the right to make changes in the work including addition,reduction,or elimination of quantities and alterations needed to complete the Contract.Perform the work as altered.These changes will not invalidate the Contract nor release the Surety.The Contractor is responsible for notifying the sureties of --- any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract,the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work,the Contract will be amended by a change order. If no unit prices exist,this will be considered extra work and the Contract will be amended by a change order. .._r Provide cost justification as requested,in an acceptable format.Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement,the Engineer may order the work to proceed under Article 9.7.,"Payment for Extra Work and Force Account Method,"or by making an interim adjustment to the Contract. In the case of an _._ adjustment,the Engineer will consider modifying the compensation after the work is performed. --- A significant change in the character of the work occurs when: • the character of the work for any item as altered differs materially in kind or nature from that in the Contract or • a major item of work varies by more or less than 25%from the original Contract quantity. When the quantity of work to be done under any major item of the Contract is more than 125%of the original quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75%of the original --• quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit price. If the changes require additional working days to complete the Contract,Contract working days will be adjusted in accordance with Item 8,"Prosecution and Progress." 5. DIFFERING SITE CONDITIONS during the progress of the work,differing subsurface or latent physical conditions may be encountered at the ite.The 2 types of differing site conditions are defined as: ■ those that differ materially from those indicated in the Contract and ■ unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered.The Engineer will notify the Contractor when the Owner discovers differing site conditions. Unless directed otherwise,do not work on the affected items and leave the site undisturbed.The Engineer will investigate the conditions and determine Whether differing site conditions exist. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract,the Engineer will make adjustments,excluding the loss of anticipated profits,in accordance with the Contract.Additional compensation will be made only if the required written notice has been provided. --- 6. REQUESTS FOR ADDITIONAL COMPENSATION Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the r. basis for the request.An assessment of damages is not required to be part of this notice but is desirable.The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to r" keep an accurate account of the actual costs that may arise.Minimize impacts and costs. If written notice is not given,the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before tow., performing the work.Notice of the request and the documentation of the costs will not be construed as proof pr substantiation of the validity of the request.Submit the request in enough detail to enable the Owner to ,.•, determine the basis for entitlement,adjustment in the number of working days specified in the Contract,and compensation. the Owner will not consider fees and interest on requests for additional compensation.Fees include,but are not limited to:preparation,attorney,printing,shipping,and various other fees. pamages occur when impacts that are the responsibility of the Owner result in additional costs to the contractor that could not have been reasonably anticipated at the time of letting.Costs of performing additional work are not considered damages. For Contractor damages,the intent is to reimburse the contractor for actual expenses arising out of a compensable impact.No profit or markups,other than labor burden,will be allowed.For damages,labor burden will be reimbursed at 35%unless the Contractor can justify higher actual cost.Justification for a higher percentage must be in accordance with the methodology provided by the Owner,submitted separately for project overhead labor and direct labor,and determined end submitted by a Certified Public Accountant(CPA).Submit CPA-prepared labor burden rates directly to .-- the Owner. df the Contractor requests compensation for delay damages and the delay is determined to be compensable, .-- then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: 6.1. Standby Equipment Costs.Payment will be made in accordance with Section 9.7.1.4.3.,"Standby equipment Costs." 6.2. Project Overhead.Project overhead is defined as the administrative and supervisory expenses incurred at he work locations.When delay to project completion occurs,reimbursement for project overhead for the contractor will be made using the following options: ■ reimbursed at 6%(computed as daily cost by dividing 6%of the original Contract amount by the number of original Contract work days),or • actual documented costs for the impacted period. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor. Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 6.3. Home Office Overhead.The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor. Emphasis is placed on resolving issues while they are still current,at the project office,and in an informal manner.Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared,decisions may be limited to relying on the documentation that is available for review. The Owners's goal is to have a dispute settled by the Engineer before elevating it as a claim. ---� If a dispute cannot be resolved,initiate the Contract claim procedure by filing a Contract claim after the completion of the Contract or when required for orderly performance of the Contract.Submit the claim to the Owner in accordance with state law. For a claim resulting from enforcement of a warranty period,file the claim no later than one year after expiration of the warranty period.For all other claims,file the claim no later than the date the Owner issues notice to the Contractor that they are in default,the date the Owner terminates the Contract,or one year after the date of final acceptance of the Contract. It is the Contractor's responsibility to submit requests in a timely manner. Item 5L Control of,the Work 1. AUTHORITY OF ENGINEER The Engineer has the authority to observe,test,inspect,approve,and accept the work on behalf of the Owner.The Engineer decides all questions about the quality and acceptability of materials,work performed, . !work progress,Contract interpretations,and acceptable Contract fulfillment.The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract.The Engineer's decisions will be final and binding. 2. FLANS AND WORKING DRAWINGS When required,provide working drawings to supplement the plans with all necessary details not included on - the Contract plans.Prepare and furnish working drawings in a timely manner and obtain approval,if required, before the beginning of the associated work. For all working drawing submittal requirements,the Engineer may allow electronic and other alternative submission procedures.Have a licensed professional engineer sign,seal,and date the working drawings as indicated in Table 1. Prepare working drawings using United States standard measures in the English language.The routing of submittals for review and approval will be established at the preconstruction conference.The Contractor is responsible for the accuracy,coordination,and conformity of the various components and details of the (^^ working drawings.Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract.The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. �--- Table 1 (oak\ Signature and Approval Requirements for Working Drawings Requires Licensed Requires Owner Working Drawings For Professional Engineer's Approval Signature,Seal,and Date 1.Alternate or optional designs Yes Yes submitted by Contractor o 2.Supplementary shop and fabrication unlessNequired See applicable drawings for structural Items Item on the plans 3.Contractor-proposed temporary facilities that affect the public safety,not Yes Yes included on the plans (,,.., Bridges,retaining Yes 4.Form and Walls,and other unless otherwise Noy ^ y falsework major structures shown on the plans r,..., details No Minor structures unless otherwise No shown on the plans �,.. 5.Erection drawings Yes No1,2 6.Contractor-proposed major Yes Yes modifications to traffic control plan 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected,in the opinion of the Engineer. _ 3. CONFORMITY WITH PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines,grades,cross-sections, dimensions,details,gradations,physical and chemical characteristics of materials,and other requirements shown in the Contract(including additional plans for non-site-specific work). Reasonably close conformity limits will be as defined in the respective items of the Contract or,if not defined,as determined by the Engineer.Obtain approval before deviating from the plans and approved working drawings.Do not perform --- work beyond the lines and grades shown on the plans or any extra work without the Engineer's approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration.The Owner will not pay for material rejected due to improper fabrication,excess quantity,or any other reasons within the Contractor's control. __.._ 3.1. Acceptance of Defective or Unauthorized Work.When work fails to meet Contract requirements,but is adequate to serve the design purpose,the Engineer will decide the extent to which the work will be accepted and remain in place.The Engineer will document the basis of acceptance by a letter and may adjust the Contract price. 3.2. Correction of Defective or Unauthorized Work.When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective.Correct,or remove and replace,the work at the Contractor's expense,as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work.The cost may be deducted from any money due or to become due to the Contractor. 4. COORDINATION OF PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS The specifications,accompanying plans(including additional plans for non-site-specific work),special provisions,change orders,and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions.Special provisions govern over plans(including general notes),which govern over standard specifications and special specifications.Job-specific plan sheets govern over standard plan sheets. However,in the case of conflict between plans(including general notes)and specifications regarding �-- responsibilities for hazardous materials and traffic control in Items IL through 9L and Item 502,"Barricades, Signs,and Traffic Handling,"special provisions govern over standard specifications and special specifications,which govern over the plans. Notify the Engineer promptly of any omissions,errors,or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors,omissions,or discrepancies discovered. 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer.Respond promptly to instructions from the Engineer.Provide all information ---. necessary to administer the Contract. Designate in writing a competent,English-speaking Superintendent employed by the Contractor.The ..__ Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract.Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor.The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. tthe written request of the Engineer,immediately remove from the project any employee or representative ''^'' pf the Contractor or a subcontractor who,in the opinion of the Engineer,does not perform work in a proper _. .. and skillful manner or who is disrespectful,intemperate,disorderly,uncooperative,or otherwise pbjectionable.Do not reinstate these individuals without the written consent of the Engineer. t"^ Furnish suitable machinery,equipment,and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. (4'", - - the Engineer may suspend the work without suspending working day charges until the Contractor complies With this requirement.All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 6. COOPERATING WITH UTILITIES �- Use established safety practices when working near utilities.Consult with the appropriate utilities before beginning work.Notify the Engineer immediately of utility conflicts.The Engineer will decide whether to "" P adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans,the _ engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. r,.^ cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the Otilities.Allow utilities access to the right of way. Ask, Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities.Cooperate with utilities until service is restored. Maintain access to active fire hydrants at all times unless approved by the Engineer. 7. COOPERATION BETWEEN CONTRACTORS cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS (0,w --- Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the Railroad company. .- If the work is on railroad right of way,do not interfere with the operation of the railroad company's trains or '0'm*' other property. ,..., 8.1. project-Specific Information.Refer to project-specific plan sheets in the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way; __.. railroad right of way locations impacted by construction; percentage of Contract work at each location;train movements at each location;and requirements for railroad insurance,flagging,and Right of Entry(ROE) agreements. 8.2. Iight of Entry Agreement(if required).The process for obtaining a fully executed ROE Agreement will be as follows: ■ The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract. I■ Partially execute the ROE Agreement and return it to the Department with the required insurance attached. /ow, pi The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees.The Owner will pay any ROE Agreement fees directly to the railroad company. ,.►, a Once the Owner has received the fully-executed ROE Agreement from the railroad company,the Owner will forward the fully-executed ROE Agreement to the Contractor. 9. CONSTRUCTION SURVEYING Use Method B unless otherwise specified in the Contract.Upon request,the Engineer will allow the Contractor to copy available earthwork cross-sections,computer printouts or data files,and other information necessary to establish and control work.Maintain the integrity of control points.Preserve all control points, stakes,marks,and right of way markers.Assume cost and responsibility of replacing disturbed control points,stakes,marks,and right of way markers damaged by the Contractor's or its subcontractor operations. If the Owner repairs disturbed control points,stakes,marks,or right of way markers,the cost of repair may be deducted from money due or to become due to the Contractor. Replace right of way markers under the direction of a RPLS.This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities.The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work.Allow the Engineer adequate time to verify the surveying. 9.1. Method A.The Engineer will set control points for establishing lines,slopes,grades,and centerlines and for --- providing both vertical and horizontal control.At a minimum,provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 miles in length.For projects greater than 2 miles in length,monuments will be set in pairs of 2 at a minimum of 2 miles based on the ,..., overall length of the project.Use these control points as reference to perform the work. Furnish materials,equipment,and qualified workforce necessary for the construction survey work.Place ,.. _ construction points,stakes,and marks at intervals sufficient to control work to established tolerances.Place construction stakes at intervals of no more than 100 ft.,or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 9.2. Method B.The Engineer will set adequate control points,stakes,and marks to establish lines,slopes, grades,and centerlines. Furnish additional work,stakes,materials,and templates necessary for marking and maintaining points and lines. 9.3. Method C.Set adequate control points,stakes,and marks to establish lines,slopes,grades,and centerlines. 10. INSPECTION Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work performed and materials furnished,including preparation,fabrication,and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer. Inspectors cannot alter, add,or waive Contract provisions,issue instructions contrary to the Contract,act as foremen for the Contractor,or interfere with the management of the work. Inspection,or lack of inspection,will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection.Give the Engineer sufficient notice to inspect the work.Work performed without suitable inspection,as determined by the Engineer,may be ordered removed and replaced at Contractor's expense.Remove or uncover portions of finished work as directed.Once inspected,restore work to Contract requirements. If the uncovered work is acceptable,the costs to uncover,remove,and replace or make good the parts removed will be paid for in accordance with Article 4.4.,"Changes in the Work."If the work is unacceptable,assume all costs associated with repair or replacement,including the costs to uncover,remove,and replace or make good the parts removed. When a government entity,utility,railroad company,or other entity accepts or pays a portion of the Contract, -� that organization's representatives may inspect the work but cannot direct the Contractor.The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. 11. FINAL CLEANUP Upon completion of the work,remove litter,debris,objectionable material,temporary structures,excess materiels,and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work.Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. -- (Remove from the right of way cofferdams,construction buildings,material and fabrication plants,temporary structures,excess materials,and debris resulting from construction.Where work is in a stream,remove - debris to the ground line of the bed of the stream.Leave stream channels and rights of way in a neat and presentable condition.Clean structures to the flow line or the elevation of the outfall channel,whichever is higher.Dispose of all excess material in accordance with federal,state,and local regulations. 12. FINAL ACCEPTANCE 12.1. Final acceptance is made when all work is complete and the Engineer,in writing,accepts all work for the iwork locations in the Contract.Final acceptance relieves the Contractor from further Contract responsibilities. 12.1.1. Work Completed.Work completed must include work for vegetative establishment and maintenance,test, and performance periods and work to meet the requirements of Article 5.11.,"Final Cleanup." (04*, 12.1.2. Final Inspection.After all work is complete,the Contractor will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible,and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. ''**' After the final inspection,if the work is satisfactory,the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory,the Engineer will identify in writing all deficiencies in the work requiring correction.Correct the deficiencies identified.Working day charges will resume if these deficiencies are not corrected within 7 calendar days,unless otherwise approved.Upon correction,the Engineer will make an inspection to verify that all deficiencies were corrected -- satisfactorily.The Engineer will provide written notice of the final acceptance. 12.1.3. Final Measurement.Final measurements and pay quantity adjustments may be made after final ---- acceptance. 12.1.4. Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning Signs upon final acceptance or as directed. r"^ Item 6L Control of Materials 1. SOURCE CONTROL Use only materials that meet Contract requirements.Unless otherwise specified or approved,use new materials for the work.Secure the Engineer's approval of the proposed source of materials to be used before their delivery.Materials can be approved at a supply source or staging area but may be reinspected in accordance with Article 6.4.,"Sampling,Testing,and Inspection." 1.1. Buy America.Comply with the latest provisions of Buy America as listed at 23 CFR 635.410. Use steel or iron materials manufactured in the United States except when: ,••., • the cost of materials,including delivery,does not exceed 0.1%of the total Contract cost or$2,500, whichever is greater; • the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item;or • the materials are temporarily installed. Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent)with the proper attachments for --_ verification of compliance. Manufacturing is any process that modifies the chemical content,physical shape or size,or final finish of a product.Manufacturing begins with initial melting and mixing and continues through fabrication(cutting, drilling,welding,bending,etc.)and coating(paint,galvanizing,epoxy,etc.). ._... 1.2. Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if such materials have been: • produced by convicts who are on parole,supervised release,or probation from prison;or -^ ■ produced in a qualified prison facility. A"qualified prison facility"means any prison facility in which convicts,during the 12-month period ending July 1, 1987,produced materials for use in federal-aid highway construction projects. 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results.Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected,unless the Engineer approves corrective actions.Upon rejection,immediately remove and replace rejected materials. If the Contractor does not comply with this article,the Owner may have defective material removed and replaced.The cost of testing,removal,and replacement will be deducted from the estimate. 3. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 4. SAMPLING,TESTING,AND INSPECTION ^� Incorporate into the work only material that has been inspected,tested,and accepted by the Engineer. Remove,at the Contractor's expense,materials from the work locations that are used without prior testing and approval or written permission. -- - Unless otherwise mutually agreed,the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern.Unless otherwise noted,the Engineer will perform testing at Owner's expense. In addition to facilities and equipment required by the Contract,furnish facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested,provide complete written statement of the origin,composition,and manufacture of materials. ,•11*, All materials used are subject to inspection or testing at any time during preparation or use.Material which has been tested and approved at a supply source or staging area may be reinspected or tested before or _ during incorporation into the work,and rejected if it does not meet Contract requirements.Copies of test esults are to be made available upon request. Do not use material that,after approval,becomes unfit for use. Unless otherwise noted in the Contract,all testing must be performed within the United States and witnessed the y the Engineer.If materials or processes require testing outside the contiguous 48 United States,reimburse Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING _-- The Engineer may,but is not obligated to,inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. pf inspection is at the plant,meet the following conditions unless otherwise specified: ■ Cooperate fully and assist the Engineer during the inspection. IN Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. In accordance with pertinent items and the Contract,provide a facility at the plant for use by the Engineer as an once or laboratory. IN Provide and maintain adequate safety measures and restroom facilities. I■ Furnish and calibrate scales,measuring devices,and other necessary equipment. 1he Engineer may provide inspection for periods other than daylight hours if: i■ continuous production of materials for Owner use is necessary due to the production volume being _... handled at the plant,and • the lighting is adequate to allow satisfactory inspection. 6. STORAGEOF MATERIALS More and handle materials to preserve their quality and fitness for the work.Store materials so that they can be easily inspected and retested.Place materials under cover,on wooden platforms,or on other hard,clean Surfaces as necessary or when directed. Obtain approval to store materials on the right of way.Storage space off the right of way is at the -- Contractor's expense. 7. OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents.The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used.Assume responsibility for materials upon receipt. 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner's specifications may be used in the work.This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the --- excavation without written permission. If excavation is allowed within a right of way project-specific location (PSL),replace the removed material with suitable material at no cost to the Owner as directed. 9. RECYCLED MATERIALS The Owner will not allow hazardous wastes,as defined in 30 TAC 335,proposed for recycling to be used on the project.Use nonhazardous recyclable materials(NRMs)only if the specification for the item does not disallow or restrict use.Determine if NRMs are regulated under 30 TAC 312,330,332,334,or 335,and comply with all general prohibitions and requirements.Use NRMs in accordance with DMS-1 1000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines,"and furnish all documentation required by that specification. 10. HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Item 1 L,"Abbreviations and Definitions." Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the owner may contain hazardous materials.Except when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner as indicated below. The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found.The Engineer may suspend work wholly or in part during the testing,removal,or disposition of hazardous materials on sites owned or controlled by the Owner, except in the case of when the contract includes removing and disposing of hazardous materials. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contain hazardous materials,have an approved commercial laboratory test the materials for contamination. Remove,remediate,and dispose of any of these materials found to be contaminated. ,.---. Testing,removal,and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor's expense.Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor. 10.1. Painted Steel Requirements.Paint containing hazardous materials will be removed as shown on the plans. 10.1.1. Paint Removed by Third Party.The Owner may provide a third party to remove paint containing hazardous materials where paint must be removed to perform work or to allow dismantling of the steel. 10.1.2. Paint Removed by the Contractor.This work may only be performed by a firm or company with one of the ----° following certifications: u SSPC-QP2 certification for lead painting operations,or • Certified Lead Firm by the Texas Department of State Health Services. -___— 1 (Maintain certification for the duration of the work.Provide copies of audits or certification if requested. Comply with worker and public safety regulations,including,but not limited to,OSHA 29 CFR Parts 1910.1025, 1926.62,and 1926.63.Monitor permissible exposure limits in accordance with OSHA requirements. - Remove paint containing hazardous materials from designated areas shown on the plans or as directed. Comply with access limitations shown on the plans. ,^, provide power hand tools,equipped with high-efficiency particulate air filter vacuums to mechanically remove paint. Contain,collect,store,transport,and dispose of all waste generated by cleaning operation in accordance 'oak' *ith local,state,and federal requirements including 40 CFR 302.Properly characterize and dispose of all w .. wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes. Provide copies of disposal manifests. LL The work performed,materials furnished,equipment,labor,tools,and incidentals will be paid for in accordance with Item 446,"Field Cleaning and Painting Steel." (0111k, - 4 10.2. Removal and Disposal of Painted Steel.Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans. If the paint contains hazardous materials,maintain and make ---� available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. For steel that is dismantled by unbolting,no paint stripping will be required.Use care to not damage existing paint.When dismantling is performed using flame or saw-cuffing methods to remove steel elements coated Y With paint containing hazardous materials,the plans will show stripping locations. tihe work provided,materials furnished,equipment,labor,tools,and incidentals will be paid for in accordance with Item 496,"Removing Structures,"and Item 497,"Sale of Salvagable Material." 10.3. Asbestos Requirements.The plans will indicate locations or elements where asbestos containing materials LL (ACM)have been found.At locations where previously unknown ACM has been found,the Owner will arrange for abatement by a third party.For work at these locations,notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Owner enough time to abate the asbestos. (0'm, 10.4. Work Performed by a Third Party.When the work for removal of paint or asbestos abatement is to be provided by a third party,coordinate and cooperate with the third party and the Owner.Continue other work detailed on the plans not directly involved in the paint removal or asbestos abatement work.Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. 4 11. SURPLUS MATERIALS -- 1 , ?fake ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer. Remove and dispose of materials in accordance with federal,state,and local regulations. If requested, -J provide an appropriate level of documentation to verify proper disposal.When materials are disposed of on private property,provide written authorization from the property owner for the use of the property for this purpose upon request. - Item 7L --- Legal Relations and Responsibilities 1. SAFETY 1.1. Meeting. In cooperation with the Engineer,schedule and attend a safety preconstruction meeting(may be a part of the preconstruction conference in Article 4.2.,"Preconstruction Conference."Attendees for this safety preconstruction meeting will be: a the Contractor, a subcontractors, a Owner,and a other personnel that play an active role on the project. �-- 1.2. Public Safety and Convenience.Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer.Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel.Manage construction to minimize disruption to traffic.Maintain the roadway in a good and passable condition,including proper drainage and provide for ingress and egress to adjacent property. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Item 502.2.2.,"Flaggers,"for the safety and convenience of the traveling public and workers,as directed. If the Engineer determines that any of the requirements of this article have not been met,the Engineer may take any necessary corrective action.This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor. 1.3. Use of Blue Warning Lights.Texas Transportation Code 547.105 authorizes the use of warning lights to promote safety and provides an effective means of gaining the travelling public's attention as they drive in areas where construction crews are present. In order to influence the public to move over when high risk construction activities are taking place,minimize the utilization of blue warning lights.These lights must be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure,or one-way traffic control.Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone. 1.4. Barricades,Warning and Detour Signs,and Traffic Handling.Provide,install,move,replace,maintain, --- clean,and remove all traffic control devices in accordance with the traffic control devices specifications and as shown on the plans and as directed. If details are not shown on the plans,provide devices and work in accordance with the TMUTCD and as directed by the Engineer.When authorized or directed by the --.. Engineer,provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed,make all reasonable efforts to promptly contact the Engineer.Take prudent actions until the Engineer can be contacted. __. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs.When project limit advance warning signs are removed before final acceptance,traffic control in accordance with the TMUTCD may be used for minor operations as approved.Removal or relocation of project limit advance warning signs does not imply final acceptance. 2. LAWS TO BE OBSERVED Comply with all federal,state,and local laws,ordinances,and regulations that affect the performance of the tow" work. Indemnify and save harmless the Owner and its representatives against any claim arising from violation by the Contractor of any law,ordinance,or regulation. This Contract is between the Owner and the Contractor only.No person or entity may claim third-party beneficiary status under this Contract or any of its provisions,nor may any non-party sue for personal injuries or property damage under this Contract. 3. PERMITS, LICENSES,AND TAXES Procure all permits and licenses;pay all charges,fees,and taxes;and give all notices necessary and incidental to the due and lawful prosecution of work,except for permits provided by the Owner and as specified in Article 7.6.,"Preservation of Cultural and Natural Resources and the Environment." 4. PATENTED DEVICES, MATERIAL,AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design,device,material,process,trademark,or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs,expenses,or damages ._._ that it may be obliged to pay,by reason of this infringement,at any time during the prosecution or after the completion of the work. 5. PERSONAL LIABILITY OF PUBLIC OFFICIALS (Owner employees are agents and representatives of the Owner and will incur no liability,personal or therwise,in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 6. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes,the Contractor is r,.b., responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. 6.1. Cultural Resources.Cease all work immediately if a site,building,or location of historical,archeological, ducational,or scientific interest is discovered within the right of way.The site,building,or location will be • investigated and evaluated by the Owner.6.2. Texas Pollutant Discharge Elimination System(TPDES)Permits and Storm Water Pollution prevention Plans(SWP3).The Owner will file the Notice of Intent(N01)and the Notice of Termination (NOT)for work shown on the plans in the right of way.Adhere to all requirements of the SWP3. 6.3. Work in Waters of the United States.For work in the right of way,the Owner will obtain any required --� Section 404 permits from the U.S.Army Corps of Engineers before work begins.Adhere to all agreements, mitigation plans,and standard best management practices required by the permit.When Contractor-initiated changes in the construction method changes the impacts to waters of the U.S.,obtain new or revised . .. Section 404 permits. (0**, 6.4. Work in Navigable Waters of the United States.For work in the right of way,the Owner will obtain any required Section 9 permits from the U.S.Coast Guard before work begins.Adhere to the stipulations of the permits and associated best management practices.When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U.S.,obtain new or revised Section 9 permits. 6.5. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers,as defined and delineated by the TCEQ.Use best management practices and perform work in accordance with Contract requirements. 6.6. Project-Specific Locations.For all project-specific locations(PSLs)on or off the right of way(material sources,waste sites,parking areas,storage areas,field offices,staging areas,haul roads,etc.),signing the Contract certifies compliance with all applicable laws,rules,and regulations pertaining to the preservation of cultural resources,natural resources,and the environment as issued by the following or other agencies: LL� ■ Occupational Safety and Health Administration, ,..., • Texas Commission on Environmental Quality, • Texas Department of Transportation, • Texas Historical Commission, a Texas Parks and Wildlife Department, a Texas Railroad Commission, I U.S.Army Corps of Engineers, • U.S.Department of Energy, --- • U.S.Department of Transportation, • U.S.Environmental Protection Agency, • U.S.Federal Emergency Management Agency,and • U.S.Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws,rules,regulations,and requirements in the Contract.Maintain documentation of certification activities including environmental consultant reports, —-. Contractor documentation on certification decisions and contacts,and correspondence with the resource agencies.Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities,such as asphalt or concrete plants located within public --� right of way.Comply with all TCEQ permit requirements for portable facilities,such as concrete batch plants, rock crushers,asphalt plants,etc.Address all environmental issues,such as Section 404 permits,wetland delineation,endangered species consultation requirements,or archeological and historic site impacts.Obtain '", all permits and clearances in advance. 7. SANITARY PROVISIONS Provide and maintain adequate,neat,and sanitary toilet accommodations for employees,including Owner employees,in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 8. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract.Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors,generators,pumps,etc.Place mobile and stationary equipment to ---- cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and -_ these components must be maintained in their original operating condition considering normal depreciation. Noise-attenuation devices installed by the manufacturer such as mufflers,engine covers,insulation,etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 9. ESPONSIBILITY FOR HAZARDOUS MATERIALS Indemnify and save harmless the Owner and its agents and employees from all suits,actions,or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on bwner-owned or controlled sites.Indemnify and save harmless the Owner and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained,processed,stored,shipped,etc.,on sites not owned or controlled by the Owner.Reimburse the Owner for all payments,fees,or restitution the Owner is required to make as a result of the Contractor's actions. (0.*, 10. ASBESTOS CONTAINING MATERIAL (0-, In Texas,the Department of State Health Services(DSHS),Asbestos Programs Branch,is responsible for -Odministering the requirements of the National Emissions Standards for Hazardous Air Pollutants,40 CFR, Subpart M(NESHAP)and the Texas Asbestos Health Protection Rules(TAHPR).Based on EPA guidance and regulatory background information,bridges are considered to be a regulated"facility"under NESHAP.Therefore,federal standards for demolition and renovation apply. Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition,renovation,or removal. When demolition,renovation,or removal of load-bearing members is planned for several phases,provide the Start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation. If the date of actual demolition,renovation,or removal is changed,the Owner will be required to - notify DSHS at least 10 days in advance of the work.This notification is also required when a previously scheduled(notification sent to DSHS)demolition,renovation,or removal is delayed.Therefore,if the date of Victual demolition,renovation,or removal is changed,provide the Engineer,in writing,the revised dates in enough time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of the actual work. - l failure to provide the above information may require the temporary suspension of work under Article 8.4., "Temporary Suspension of Work or Working Day Charges,"due to reasons under the control of the contractor.The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 11. RESTORING SURFACES OPENED BY PERMISSION - -- po not authorize anyone to make an opening in the highway for utilities,drainage,or any other reason N " without written permission by the Engineer.Repair all openings as directed by the Engineer.Payment for - repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4.4., "Changes in the Work."Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 12. PROTECTING ADJACENT PROPERTY protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor,take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 13. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees from all suits,actions,or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's -- negligence in the performance of the work and from any claims arising or amounts recovered under any laws,including workers'compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act,omission,neglect,or misconduct on the Contractor's part in the manner or method of executing the work;from failure to properly execute the work;or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way. Indemnify and save harmless the Owner from any suits or claims resulting from ,...� damage by the Contractor's operations to any pipeline or underground installation. Make available the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. 14. HAULING AND LOADS ON ROADWAYS AND STRUCTURES - - Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system,vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load.Provide copies of the yearly overweight tolerance permits to the Engineer upon request.Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract.Construction traffic on roadways,bridges,and culverts within the limits of the work,including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. ---� Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures.This additional fill will not be paid directly but will be subsidiary. --- Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non-divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public.Submit Contractor- proposed changes to traffic control plans for approval,in accordance with Item 502,"Barricades,Signs,and Traffic Handling."The following sections further address overweight allowances.The Owner will make available to the Contractor any available plans and material reports for existing structures. 14.1. Overweight Construction Traffic Crossing Structures.The Engineer may allow crossing of a structure not open to the public within the work locations,when divisible or non-divisible loads exceed legal weight limitations,including limits for load-posted bridges.Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed.Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights,the configuration of the -- � axles,or other information necessary for the analysis.Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review.Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional - - overweight loads will result to structures that will remain in use after Contract completion.Provide temporary matting or other protective measures as directed. ,•., Schedule loads so that only one vehicle is on any span or continuous unit at any time.Use barricades, fences,or other positive methods to prevent other vehicular access to structures at any time the overweight " " load is on any span or continuous unit. , , _ 14.2. construction Equipment Operating on Structures.Cranes and other construction equipment used to ''` perform construction operations that exceed legal weight limits may be allowed on structures. Before any _..� peration that may require placement of equipment on a structure,submit for approval a detailed structural analysis prepared by a licensed professional engineer. submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review and approval. Include all axle loads and configurations,spacing of tracks or wheels,tire loads, putrigger placements,center of gravity,equipment weight,and predicted loads on tires and outriggers for all planned movements,swings,or boom reaches.The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. --- 14.3. Loads on Structures.Do not store or stockpile material on bridge structures without written permission. If required,submit a structural analysis and supporting documentation by a licensed professional engineer for -- review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion.Provide temporary matting or other protective measures as directed. _-- 14.4. Hauling Divisible Overweight Loads on Pavement Within the Work Locations.The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there iill be no damage or overstress to the pavement structure. 15. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract,take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause,whether arising from the execution or from the nonexecution of the work. Protect all materials to be used in the work at all times,including periods of suspension. _, When any roadway or portion of the roadway is in suitable condition for travel,it may be opened to traffic as LL (directed.Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance.Repair damage to existing facilities in accordance with the �- Contract or as directed. Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be laid for except as provided below. - , 15.1. (Reimbursable Repair. Except for damage to appurtenances listed in Section 7.17.2.1.,"Unreimbursed Repair,"the Contractor will be reimbursed for repair of damage caused by: - ■ motor vehicle,watercraft,aircraft,or railroad-train incident; ei"k, u vandalism;or • Acts of God,such as earthquake,tidal wave,tornado,hurricane,or other cataclysmic phenomena of nature. -- 15.2. Appurtenances. 15.2.1. Unreimbursed Repair. Except for destruction(not reusable)due to hurricanes,reimbursement will not be , --- made for repair of damage to the following temporary appurtenances,regardless of cause: • signs, • barricades, • changeable message signs,and • other work zone traffic control devices. (Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.17.2.2.,"Reimbursed Repair." For the devices listed in this section,reimbursement may be made for damage due to hurricanes.Where the --_ Contractor retains replaced appurtenances after completion of the project,the Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project. 15.2.2. Reimbursed Repair.Reimbursement will be made for repair of damage due to the causes listed in Section 7.15.1.,"Reimbursable Repair,"to appurtenances(including temporary and permanent crash cushion attenuators and guardrail end treatments). 15.3. Roadways and Structures.Until final acceptance,the Contractor is responsible for all work constructed under the Contract.The Owner will not reimburse the Contractor for repair work to new construction,unless the failure or damage is due to one of the causes listed in Section 7.17.1.,"Reimbursable Repair." The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 15.4. Detours.The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract,unless the failure or damage is due to one of the causes listed in Section 7.17.1.,"Reimbursable Repair."The Engineer may consider failures beyond the Contractor's control when determining ---.. reimbursement for repairs to detours constructed.The Owner will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. __. 15.5. Relief from Maintenance.The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this section.This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. 15.5.1. Isolated Work Locations.For isolated work locations,when all work is completed,including work for Article 5.11.,"Final Cleanup,"the Engineer may relieve the Contractor from responsibility for maintenance. 15.5.2. Work Except for Vegetative Establishment and Test Periods.When all work for all or isolated work --• locations has been completed,including work for Article 5.11.,"Final Cleanup,"with the exception of vegetative establishment and maintenance periods and test and performance periods,the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 15.5.3. Work Suspension.When all work is suspended for an extended period of time,the Engineer may relieve P' the Contractor from responsibility for maintenance of completed portions of work during the period of --. suspension. 15.5.4. When Directed by the Engineer.The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 15.6. Basis of Payment.When reimbursement for repair work is allowed and performed,payment will be made in accordance with pertinent items or Article 4.4.,"Changes in the Work." 16. ELECTRICAL REQUIREMENTS 16.1. Definitions. --- 16.1.1. Electrical Work. Electrical work is work performed for: • Item 610,"Roadway Illumination Assemblies," • Item 614,"High Mast Illumination Assemblies," • Item 616,"Performance Testing of Lighting Systems," • Item 617,"Temporary Roadway Illumination," • Item 618,"Conduit," • Item 620,"Electrical Conductors," Y � • Item 621,"Tray Cable," (s°1*,1 1,1 ■ Item 622,"Duct Cable," a Item 628,"Electrical Services," a Item 680,"Highway Traffic Signals," • Item 681,"Temporary Traffic Signals," a Item 684,"Traffic Signal Cables," a Item 685,"Roadside Flashing Beacon Assemblies," - ■ other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, a the installation of conduit and wiring associated with Item 624,"Ground Boxes,"and Item 656, "Foundations for Traffic Control Devices,"and - ■ the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of communications or fiber optic cable,or the connections for --- low voltage and inherently power limited circuits such as electronic or communications equipment.Assembly end placement of poles,structures,cabinets,enclosures,manholes,or other hardware will not be considered ielectrical work as long as no wiring,wiring connections,or conduit work is done at the time of assembly and placement. 16.1.2. Specialized Electrical Work.Specialized electrical work is work that includes the electrical service and --feeders,sub-feeders,branch circuits,controls,raceways,and enclosures for the following: ■ pump stations, ■ moveable bridges, P"' ■ ferry slips, a motor control centers, a facilities required under Item 504,"Field Office and Laboratory," a rest area or other public buildings, a weigh-in-motion stations, a electrical services larger than 200 amps, ■ electrical services with main or branch circuit breaker sizes not shown in the Contract,and a any 3-phase electrical power. 16.1.3. Certified Person.A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations,"or other courses as approved by the Owner. Submit a current and valid certification upon request. 16.1.4. licensed Electrician.A licensed electrician is a person with a current and valid unrestricted master electrical license,or unrestricted journeyman electrical license that is supervised or directed by an inrestricted master electrician.An unrestricted master electrician need not be on the work locations at all dimes electrical work is being done,but the unrestricted master electrician must approve work performed by ihe unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas (Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states'electrical licenses.Submit documentation of the requirements for �^ obtaining that license.Acceptance of the license will be based on sufficient evidence that the license was issued based on: a passing a test based on the NEC similar to that used by Texas licensing officials,and ■ sufficient electrical experience commensurate with general standards for an unrestricted master and —unrestricted journeyman electrician in the State of Texas. 'oak\ 16.2. Work Requirements.The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. Table 2 Work Requirements Type of Work Qualifications to Perform Work Licensed electrician,certified person,or --- Electrical work with plans workers directly supervised by a licensed electrician or certified person Electrical work without plans Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly ...,, supervised by a licensed electrician Replace lamps,starting aids,and changing Licensed electrician,certified person,or fixtures workers directly supervised by a licensed electrician or certified person `-` Conduit in precast section with approved Inspection by licensed electrician or certified working drawings person Conduit in cast-in-place section Inspection by licensed electrician or certified person All other electrical work(troubleshooting, Licensed electrician or workers directly LL repairs,component replacement,etc.) supervised by a licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may install conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification,the requirements of Table 2 will still apply to the installation of the conduit,ground boxes,electrical services,pole grounding,and electrical conductors installed under Item 620,"Electrical Conductors." Item 8L Prosecution and Progress --- 1. PROSECUTION OF WORK Unless otherwise shown in the Contract,begin work within 60 calendar days after the authorization date to begin work as shown on the Notice to Proceed.Prosecute the work continuously to completion within the (ailk, working days specified.Unless otherwise shown in the Contract documents,work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is pproved. Notify the Engineer at least 24 hr.before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to tragic. 2. LJBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval.A subcontract goes not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work omplies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a ,,,..., subcontractor that is debarred or suspended by the Owner,or any state or federal agency. (011*, For federally funded Contracts,ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements. 1 For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts,submit a copy of the executed subcontract agreement. Submit a copy of the executed non-DBE subcontracts including all tiered non-DBE subcontracts when equested. 2.1. Construction Contracts.Perform work with own organization on at least 30%of the total original Contract cost(25%if the Contractor is an SBE on a wholly State or local funded Contract)excluding any items determined to be specialty items.Specialty items are those that require highly specialized knowledge, .--- abilities,or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. J o'is', pecialty items will be shown on the plans or as directed by the Engineer.Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the tow,equired amount of work to be performed by the Contractor's own organization. he term"perform work with own organization"includes only: a workers employed and paid directly by the Contractor or wholly owned subsidiary; ,�►, a equipment owned by the Contractor or wholly owned subsidiary; a rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees; a materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization,including a wholly owned subsidiary's organization;and • labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide materials or equipment,they are considered subcontractors. In these instances,submit staff leasing firms for approval as a subcontractor. Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section. 2.2. Payments to Subcontractors.Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner. 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request,the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only.The schedules assume generic resources,production rates,sequences of _.. construction and average weather conditions based on historic data.The Owner will not adjust the number of working days and milestones,if any,due to differences in opinion regarding any assumptions made in the •--- preparation of the schedule or for errors,omissions,or discrepancies found in the Owner's conceptual time schedule. The number of working days is established by the Contract.Working day charges will begin 30 calendar days after the date of the written authorization to begin work.Working day charges will continue in accordance with the Contract.The Engineer may consider increasing the number of working days under extraordinary --- circumstances. 3.1. Working Day Charges.Working days will be charged in accordance with Section 8.3.1.4.,"Standard ..-... Workweek,"unless otherwise shown in the Contract documents.Working days will be computed and charged in accordance with one of the following: 3.1.1. Five-Day Workweek.Working days will be charged Monday through Friday,excluding national holidays, regardless of weather conditions or material availability.The Contractor has the option of working on Saturdays.Provide sufficient advance notice when scheduling work on Saturdays.Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday,Sunday,or national holiday,and weather and other conditions permit the --- performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.2. Six-Day Workweek.Working days will be charged Monday through Saturday,excluding national holidays, --� regardless of weather conditions or material availability.Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Sunday or a national holiday,and weather or other conditions permit the performance of work for 7 hr.between ,..., 7 A.M.and 6 P.M.,a working day will be charged. 3.1.3. Seven-Day Workweek.Working days will be charged Monday through Sunday,excluding national holidays, regardless of weather conditions or material availability.Work on national holidays will not be permitted without written permission. If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a _ . working day will be charged. 3.1.4. Standard Workweek.Working days will be charged Monday through Friday,excluding national or state holidays,if weather or other conditions permit the performance of the principal unit of work underway,as determined by the Engineer,for a continuous period of at least 7 hr.between 7 A.M.and 6 P.M.,unless otherwise shown in the Contract.The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays.Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be (#1"*, present is performed on a Saturday,Sunday,or holiday,and weather or other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.5. calendar Day.Working days will be charged Sunday through Saturday,including all holidays,regardless of (019k' veather conditions,material availability,or other conditions not under the control of the Contractor. 3.1.6. ether.Working days will be charged as shown in the Contract documents. row., 3.2. Restricted Work Hours.Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this article unless otherwise shown in the Contract documents. (41"', 3.3. Nighttime Work.Nighttime work is allowed only when shown in the Contract documents or as directed. ighttime work is defined as work performed from 30 min.after sunset to 30 min.before sunrise. - -- 3.3.1. Five-,Six-,and Seven-Day Workweeks.Nighttime work that extends past midnight will be assigned to the ollowing day for the purposes of approval for allowing work on Sundays or national holidays. - - 3.3.2. tandard Workweek. 0'1*., 3.3.2.1. ighttime Work Only.When nighttime work is allowed or required and daytime work is not allowed,working ay charges will be made when weather and other conditions permit the performance of the principal unit of ork underway,as determined by the Engineer,for a continuous period of at least 7 hr.for the nighttime eriod,as defined in Section 8.3.3.,"Nighttime Work,"unless otherwise shown in the Contract documents. 3.3.2.2. ighttime Work and Daytime Work Requiring Inspector.When nighttime work is performed or required end daytime work is allowed,working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway,as determined by the Engineer,for a continuous (4", period of at least 7 hr.for the nighttime period,as defined in Section 8.3.3.,"Nighttime Work,"or for a Continuous period of at least 7 hr.for the alternative daytime period unless otherwise shown in the Contract documents.Only one day will be charged for each 24-hr.time period.When the Engineer agrees to restrict - work hours to the nighttime period only,working day charges will be in accordance with Section 8.3.3.2.1., X _ "Nighttime Work Only." (*l.'s', 4. TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES The Engineer may suspend the work,wholly or in part,and will provide notice and reasons for the Suspension in writing.Suspend and resume work only as directed in writing. when part of the work is suspended,the Engineer may suspend working day charges only when conditions ot under the control of the Contractor prohibit the performance of critical activities.When all of the work is uspended for reasons not under the control of the Contractor,the Engineer will suspend working day harges. (0"*., - 5. PROJECT SCHEDULES ,,...., repare,maintain,and submit project schedules.Project schedules are used to convey the Contractor's i tended work plan to the Owner.Prepare project schedules with a level of effort sufficient for the work being erformed. Project schedules will not be used as a basis to establish the amount of work performed or for the reparation of the progress payments. 5.1. roject Scheduler.Designate an individual who will develop and maintain the progress schedule.The roject Scheduler will be prepared to discuss,in detail,the proposed sequence of work and methods of Aeration,and how that information will be communicated through the Progress Schedule at the reconstruction Meeting.This individual will also attend the project meetings and make site visits to prepare, evelop,and maintain the progress schedules. 5.2. Construction Details.Before starting work,prepare and submit a progress schedule based on the ,,.., sequence of work and traffic control plan shown in the Contract documents.At a minimum,prepare the progress schedule as a Bar Chart or Critical Path Method(CPM),as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements,known utility relocations,and other activities that may affect the completion of the Contract in the progress schedule.Show a beginning date,ending date,and duration in -- whole working days for each activity. Do not use activities exceeding 20 working days,except for agreed upon activities.Show an estimated production rate per working day for each work activity. 5.3. Schedule Format.Format all project schedules according to the following: a Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project; • Show the sequence and interdependence of activities required for complete performance of the work. If --- using a CPM schedule,show a predecessor and a successor for each activity;and • Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also include: --- • Clearly and accurately identify the critical path as the longest continuous path; • Provide a legend for all abbreviations,run date,data date,project start date,and project completion date in the title block of each schedule submittal;and • Through the use of calendars,incorporate seasonal weather conditions into the schedule for work(e.g., earthwork,concrete paving,structures,asphalt,drainage,etc.)that may be influenced by temperature or precipitation.Also,incorporate non-work periods such as holidays,weekends,or other non-work days as identified in the Contract. 5.4. Activity Format.For each activity on the project schedule provide: a A concise description of the work represented by the activity; • An activity duration in whole working days; • Code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed. 5.5. Schedule Types. 5.5.1. Critical Path Method.Prepare and submit the schedule using the CPM. 5.5.1.1. Preliminary Schedule.Seven calendar days before the preconstruction meeting,submit both the plotted and electronic copies of the project schedule showing work to be performed within the first 90 calendar days of the project. 5.5.1.2. Baseline Schedule.The baseline schedule will be considered the Contractor's plan to successfully construct the project within the time frame and construction sequencing indicated in the Contract.Submit both plotted --- and electronic copies of the baseline schedule.Submit 2 plots of the schedule:one organized with the activities logically grouped using the activity coding;and the other plot showing only the critical path determined by the longest path,not based on critical float. Develop and submit the baseline schedule for review within the first 45 calendar days of the project unless the time for submission is extended. 5.5.1.2.1. Review.Within 15 calendar days of receipt of the schedule,the Engineer will evaluate,and inform the Contractor if the schedule has been accepted. If the schedule is not accepted,the Engineer will provide comments to the Contractor for incorporation.Provide a revised schedule based on the Engineer's comments,or reasons for not doing so within 10 calendar days.The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility for meeting the interim milestone dates(if specified)or the contract completion date.Review and acceptance does not expressly or by implication warrant, cknowledge,or admit the reasonableness of the logic or durations of the project schedule. If the Contractor rails to define any element of work,activity,or logic and the Engineer's review does not detect this omission r error,the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th calendar day of the project unless the time for Submission is extended. 5.5.1.3. (Progress Schedule.Maintain the project schedule for use by both the Contractor and the Engineer.Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods(such as olidays,weekend,or interference from temperature or precipitation),then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity or activities,based on the number of interruptions)similarly numbered with successive alpha character as -ecess ary.The original duration of the subsequent activity will be that of the remaining duration of the riginal activity.Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained.Once established,the original durations and actual dates f all activities must remain unchanged. Revisions to the schedule may be made as necessary. he project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur.Any revisions to the schedule must be (isted in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date.Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: a The actual start dates for activities started; Iii The actual finish dates for activities completed; ii The percentage of work completed and remaining duration for each activity started but not yet completed;and pi The calendars to show days actual work was performed on the various work activities. The cut-off day for recording monthly progress will be the last day of each month.Submit the updated project Schedule no later than the 20th calendar day of the following month.The Engineer will evaluate the updated Schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted. If the Schedule is not accepted,the Engineer will provide comments to the Contractor for incorporation.Provide a evised schedule based on the Engineer's comments,or reasons for not doing so within 5 calendar days. rovide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource-leveling is being used. 5.5.1.3.1. project Schedule Summary Report(PSBR).When shown on the plans,provide the PSBR instead of the narrative required in Section 8.5.5.1.3.,"Progress Schedule."The PSBR includes a listing of major items that Dave impacted the schedule as well as a summary of progress in days ahead or behind schedule. Include an xplanation of the project progress for the period represented on the form provided by the Owner. 5.5.2. Motive of Potential Time Impact.Submit a"Notice of Potential Time Impact'when a Contract time ----. extension or adjustment of milestone dates may be justified or when directed. failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates finless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. ,. ........... 5.5.3. Time Impact Analysis.When directed,provide a time impact analysis.A time impact analysis is an evaluation of the effects of impacts on the project.A time impact analysis consists of the following steps: • Step 1.Establish the status of the project immediately before the impact. • Step 2.Predict the effect of the impact on the schedule update used in Step 1. • Step 3.Track the effects of the impact on the schedule during its occurrence. • Step 4.Establish the status of the project after the impact's effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact(Step 1)to the prediction of the effect of the impact(Step 2),if requested,and to actual effects of the impact once it is complete(Step 4). Unless otherwise approved,Steps 1,3,and 4,must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided.Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. -.---_ Submit Step 4 no later than 15 calendar days after the impact's effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis,but before its approval,indicate in writing the need for any modification to the time impact analysis. -ry The Engineer will review the time impact analysis upon completion of step 4. If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative,the Engineer may reject the time impact analysis. If the Engineer is in agreement with the time impact analysis,a change order may be issued to grant additional working days,or to adjust interim milestones.Once a change order has been executed,incorporate the time impact analysis into the project schedule.The time impact analysis may also be used to support the settlement of disputes and claims.Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. ,...,, The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of working days specified,working days will continue to be charged.Failure to complete the Contract,a separate work order,or callout work within the number of working days specified,including any approved additional working days,will result in liquidated damages for each working day charged over the number of working days specified in the Contract.The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract remains incomplete.This amount will be assessed not as a penalty but as liquidated damages. 7. DEFAULT OF THE CONTRACT 7.1. Declaration of Default.The Engineer may declare the Contractor to be in default of the Contract if the LL�' Contractor: • fails to begin the work within the number of days specified, • fails to prosecute the work to assure completion within the number of days specified, • is uncooperative,disruptive or threatening, • fails to perform the work in accordance with the Contract requirements, • neglects or refuses to remove and replace rejected materials or unacceptable work, N discontinues the prosecution of the work without the Engineer's approval, r0.1 0 makes an unauthorized assignment, -- fails to resume work that has been discontinued within a reasonable number of days after notice to do tow, so, p fails to conduct the work in an acceptable manner,or �pi commits fraud or other unfixable conduct as determined by the Owner. ,.., If any of these conditions occur,the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 10 days after he notice,the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to e in default of the Contract.The Owner will also provide written notice of default to the Surety. If the contractor provides the Owner written notice of voluntary default of the Contract,the Owner may waive the 0 day notice of intent to declare the Contractor in default and immediately provide written notice of default to he Contractor and the Surety.Working day charges will continue until completion of the Contract.The wner may suspend work in accordance with Section 8.4.,"Temporary Suspension of Work or Working Day harges,"to investigate apparent fraud or other unfixable conduct before defaulting the Contractor.The contractor may be subject to sanctions under the state and/or federal laws and regulations. the Owner will determine the method used for the completion of the remaining work as followils Contracts without Performance Bonds.The Owner will determine the most expeditious and efficient " way to complete the work,and recover damages from the Contractor. I■ Contracts with Performance Bonds.The Owner will,without violating the Contract,demand that the Contractor's Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety.The Owner reserves the right to approve or reject proposed subcontractors.Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3.4.3.,"Insurance."Certificates of Insurance may be issued in the name of the completing Contractor.The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract.The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable.Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety. from the time of notification of the default until work resumes(either by the Surety or the Owner),the Owner pill maintain traffic control devices and will do any other work it deems necessary,unless otherwise agreed upon by the Owner and the Surety.All costs associated with this work will be deducted from money due to the Surety. The Owner will hold all money earned but not disbursed by the date of default.Upon resumption of the work P'"� after the default,all payments will be made to the Surety.All costs and charges incurred by the Owner as a result of the default,including the cost of completing the work under the Contract,costs of maintaining traffic control devices,costs for other work deemed necessary,and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the um that would have been payable under the Contract,the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract price. In case the costs incurred by the Owner are less than folk,he amount that would have been payable under the Contract if the work had been completed by the ontractor,the Owner will be entitled to retain the difference. comply with Article 8.2.,"Subcontracting,"and abide by the DBE/HUB/SBE commitments previously approved by the Owner. I10 markups as defined in Article 9.7.,"Payment for Extra Work and Force Account Method,"will be allowed or the Surety. 7.2. Wrongful Default.Submit a written request to the Owner within 14 calendar days of receipt of the notice of default for consideration of wrongful default. �" The Owner will determine if the Contractor has been wrongfully defaulted,and will proceed with the following: • If the Owner determines the default is proper,the default will remain. If the Contractor is in disagreement,the Contractor may file a claim in accordance with Article 4.7.,"Dispute or Claims Procedure." • If the Owner determines it was a wrongful default,the Owner will terminate the Contract for ,�•� convenience,in accordance with Article 8.8.,"Termination of the Contract." 8. TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever: a the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; a the Contractor is prevented from proceeding with the work due to a national emergency,or when the work to be performed under the Contract is stopped,directly or indirectly,because of the freezing or diversion of materials,equipment or labor as the result of an order or a proclamation of the President of the United States; a the Contractor is prevented from proceeding with the work due to an order of any federal authority; a the Contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor;or a the Owner determines that termination of the Contract is in the best interest of the Owner or the public. This includes,but is not limited to,the discovery of significant hazardous material problems,right of way acquisition problems,or utility conflicts that would cause substantial delays or expense to the Contract. .—_ 8.1. Procedures and Submittals.The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date.Upon notice,immediately proceed in accordance with the following: --- a stop work as specified in the notice; a place no further subcontracts or orders for materials,services,or facilities,except as necessary to complete a critical portion of the Contract,as approved; • terminate all subcontracts to the extent they relate to the work terminated; a complete performance of the work not terminated; a settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; a create an inventory report,including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated(include in the inventory report a description,quantity,location,source,cost,and payment status for each of the acceptable materials and products);and a take any action necessary,or that the Engineer may direct,for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest. --- 8.2. Settlement Provisions.Within 60 calendar days of the date of the notice of termination,submit a final termination settlement proposal,unless otherwise approved.The Engineer will prepare a change order that reduces the affected quantities of work and adds acceptable costs for termination.No claim for loss of ,,•., anticipated profits will be considered.The Owner will pay reasonable and verifiable termination costs including: a all work completed at the unit bid price and partial payment for incomplete work; a the percentage of Item 500,"Mobilization,"equivalent to the percentage of work complete or actual cost .__ that can be supported by cost records,whichever is greater; • expenses necessary for the preparation of termination settlement proposals and support data; • the termination and settlement of subcontracts; • storage,transportation,restocking,and other costs incurred necessary for the preservation,protection, or disposition of the termination inventory;and • other expenses acceptable to the Owner. Item 9L Measurement and Payment 1. MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures,unless otherwise specified. 1.1. Linear Measurement. Unless otherwise specified,all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally.No deduction will be made for structures in the roadway with an area of 9 sq.ft.or less. For all transverse measurements for areas of base courses, surface courses,and pavements,the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans,unless otherwise directed. 1.2. Volume Measurement.Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle.The Engineer may require verification of volume through weight measurement.Use body shapes that allow the capacity to be verified.Load and level the load to the equipment's approved capacity.Loads not hauled in approved vehicles may be rejected. ---- 1.3. Weight Measurement.Transport materials measured for payment by weight or truck measure in approved hauling vehicles.Furnish certified measurements,tare weights,and legal gross weight calculations for all haul units.Affix a permanent,legible number on the truck and on the trailer to correspond with the certified ._. information.Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery.The cost of supplying these volume and weight capacities is subsidiary to the pertinent item.For measurement by the ton,in the field,provide measurements in accordance with Item 520,"Weighing and Measuring Equipment,"except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1.3.1. Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public,the net weight of the load will be calculated as follows: • If the gross vehicle weight is less than the maximum allowed by state law,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. • If the gross vehicle weight is more than the maximum allowed by state law,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to the Traveling Public.For payment purposes on haul routes that are .., not accessible to the traveling public where advance permission is obtained in writing from the Engineer: • If the gross vehicle weight is less than the maximum allowed,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. • If the gross vehicle weight is more than the maximum allowed,the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. ., __ , _ 2. FLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved,handled, Or placed during the execution of the Contract.The estimated bid quantities are designated as final payment quantities,unless revised by the governing specifications or this article. ,--- if the quantity measured as outlined under"Measurement"varies by more than 5%(or as stipulated under Measurement"for specific Items)from the total estimated quantity for an individual item originally shown inthe Contract,an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner,by change order,or to correct an - error on the plans,the plans quantity will be increased or decreased by the amount involved in the change, and the 5%variance will apply to the new plans quantity. ,*°*', f the total Contract quantity multiplied by the unit bid price for an individual item is less than$250 and the item is not originally a plans quantity item,then the item may be paid as a plans quantity item if the Engineer tom', and Contractor agree in writing to fix the final quantity as a plans quantity. .. For Contracts with callout work and work orders,plans quantity measurement requirements are not applicable. (0"., 3. ADJUSTMENT OF QUANTITIES tot-, he party to the Contract requesting the adjustment will provide field measurements and calculations Showing the revised quantity.When approved,this revised quantity will constitute the final quantity for which '411w, ayment will be made.Payment for revised quantity will be made at the unit price bid for that item,except as .- . rovided for in Article 4.4.,"Changes in the Work." (4'4, 4. SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials,equipment,labor,tools,and supplies necessary to complete the item of work under the Contract.Until final acceptance in accordance with --- Article 5.12.,"Final Acceptance,"assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the µ elements,infringement of patent,trademark,or copyright,except as provided elsewhere in the Contract. --- The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any _ defective parts in the construction or to replace any defective materials used in the construction and to be ___, responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 5. PROGRESS PAYMENTS (0., the Engineer will prepare a monthly estimate of the amount of work performed,including materials in place. ncomplete items of work may be paid at an agreed upon percentage as approved.Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the --9ontract. Progress payments may be withheld for failure to comply with the Contract. 6. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD (.,--,, I ayment for extra work directed,performed,and accepted will be made in accordance with Article 4.4., 'Changes in the Work."Payment for extra work may be established by agreed unit prices or by Force iAccount Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same ,..., character of work.These unit prices may be established without additional breakdown justification. When using Force Account Method,determine an estimated cost for the proposed work and establish labor and equipment rates and material costs.Maintain daily records of extra work and provide copies of these records daily,signed by the Contractor's representative,for verification by the Engineer.Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost of less than$10,000,submit for approval and payment an invoice of actual cost for materials,equipment, labor,tools,and incidentals necessary to complete the extra work. 6.1. Markups.Payment for extra work may include markups as compensation for the use of small tools, overhead expense,and profit. 6.1.1. Labor.Compensation will be made for payroll rates for each hour that the labor,foremen,or other approved ---_ workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category.An additional 25%of this sum will be paid as compensation for overhead,superintendence,profit,and small tools. 6.1.2. Insurance and Taxes.An additional 55%of the labor cost,excluding the 25%compensation provided in Section 9.7.1.1.,"Labor,"will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non-project-specific liability(excluding vehicular)insurance,workers compensation insurance,Social Security,unemployment insurance taxes,and fringe benefits. 6.1.3. Materials.Compensation will be made for materials associated with the work based on actual delivered invoice costs,less any discount.An additional 25%of this sum will be paid as compensation for overhead and profit. 6.1.4. Equipment.Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work.An additional 15%of this sum will be paid as compensation for overhead and profit not included in the rates. .--_ Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location. 6.1.4.1. Contractor-Owned Equipment.For Contractor-owned machinery,trucks,power tools,or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates.Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book,the Engineer will allow a reasonable hourly rate.This price will include operating costs. --- Payment for equipment will be made for the actual hours used in the work.The Owner reserves the right to withhold payment for low production or lack of progress.Payment will not be made for time lost for equipment breakdowns,time spent to repair equipment,or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work,payment will be made for the duration the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day,nor more ----. than 40 hours per week,nor more than 176 hours per month,except when time is computed using a six-day or seven-day workweek.When using a six-day workweek,no more than 8 hours will be paid during a 24-hour day,nor more than 48 hours per week,nor more than 211 hours per month.When using a seven-day workweek,no more than 8 hours will be paid during a 24-hour day,nor more than 56 hours per week,nor more than 246 hours per month. _ . 6.1.4.2. Equipment Not Owned by the Contractor.For equipment rented from a third party not owned by the Contractor,payment will be made at the invoice daily rental rate for each day the equipment is needed for the work.The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. hen the invoice specifies that the rental rate does not include fuel,lubricants,repairs,and servicing,the ental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. When the invoice specifies equipment operators as a component of the equipment rental,payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 6.1.4.3. tandby Equipment Costs. Payment for standby equipment will be made in accordance with ection 9.7.1.4.,"Equipment,"except that: 6.1.4.3.1. ntractor-Owned Equipment. For Contractor-owned machinery,trucks,power tools,or other equipment: Standby will be paid at 50%(to remove operating cost)of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. I■ Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 6.1.4.3.2. equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the ontractor: Standby will be paid at the invoice daily rental rate,excluding operating cost,which includes fuel, lubricants,repairs,and servicing.The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. r Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby. Standby costs will not be allowed during periods when the equipment would have otherwise been idle. ''"*.' 6.1.5. Subcontracting.An additional 5%of the actual invoice cost will be paid to the Contractor as compensation ,111*., or administrative cost,superintendence,and profit. 6.1.6. aw Enforcement.An additional 5%of the actual invoice cost will be paid as compensation for administrative costs,superintendence,and profit. 6.1.7. Railroad Flaggers.An additional 5%of the actual invoice cost will be paid as compensation for administrative cost,superintendence,and profit. 6.1.8. Bond Cost.An additional 1%of the total compensation provided in Article 9.7.,"Payment for Extra Work and Force Account Method,"will be paid for the increase in bond. 7. RETAINAGE The Owner may withhold retainage on the Contractor. The Contractor may withhold retainage on - subcontractors in accordance with state and federal regulations. 8. PAYMENT PROVISIONS FOR SUBCONTRACTORS 'or the purposes of this article only, the term subcontractor includes suppliers and the term work includes aterials provided by suppliers at a location approved by the Engineer. hese requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all ..ubcontract or material purchase agreements. "ay subcontractors for work performed within 10 days after receiving payment for the work performed by the ..ubconUactor.Also,pay any retainage on a subcontractor's work within 10 days after satisfactory completionof all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, aintenance,performance,and other similar periods that are the responsibility of the subcontractor. For the purpose of this section,satisfactory completion is accomplished when: ■ the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work,including the submittal of all information required by the specifications and the Owner;and • the work done by the subcontractor has been inspected,approved,and paid by the Owner. Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete.Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. _.� The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Article 7.17.,"Contractor's Responsibility for Work." The Owner may pursue actions against the Contractor,including withholding of estimates and suspending the work,for noncompliance with the subcontract requirements of this section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations. 4 tl 9 FINAL PAYMENT • - When the Contract has been completed,all work has been approved,final acceptance has been made in accordance with Article 5.12.,"Final Acceptance,"and Contractor submittals have been received,the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the ,.., money owed the Contractor.The final payment will reflect the entire sum due,less any sums previously paid. FHWA-1273 Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (''''''', I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for � III. Nonsegregate,. Facilities withholding of progress payments,withholding of final IV. Davis-Bacon -nd Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or A.ssigning the Contract VII. Safety:Accide t Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Stateme ts Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. ImpIementatio i of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Cont of Act highway unless it is labor performed by convicts who are on X. Compliance w h Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment R .uirements highway does not include roadways functionally classified as Xl. Certification R garding Use of Contract Funds for local roads or rural minor collectors. f°114*, Lobbying ATTACHMENTS II. NONDISCRIMINATION (4.16', A.Employment and aterials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highw y System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(incl ded in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply n,- 1. Form FHWA-127 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contra funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contract solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subco tractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and furt er require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders, rental agreements Parts 200,230,and 633. and other agreemen s for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by refe ence for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreem-nt or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor sha I be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. �- subcontractor, lower tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 ust be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services) The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by a y subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencie- may reference Form FHWA-1273 in bid proposal or request or proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 gust be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all co tracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. ° subcontracts(excluding purchase orders, rental agreements and other agreemen Is for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contra i). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the ap licability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these cont ct provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the co tract by the contractor's own organization and orders of the Secretary of Labor as modified by the NNE and with the assists ce of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superinte dence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative . w contract by piecewo ,station work,or by subcontract. action standards for the contractor's project activities under this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. e .ou so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national uoumN , cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then MM not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve µ � such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the `W µ° policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon M M completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. e'll'*', and as permissible Oder Federal and State regulations,the contractor shall maki0 full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials �.. apprenticeship,and n-the job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, -- special provision for raining is provided under this contract, national origin,age or disability in the selection and retention this subparagraph wi I be superseded as indicated in the of subcontractors,including procurement of materials and -_ special provision. TIe contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the --µ in accordance with 2 U.S.C. 140(a). administration of this contract. c. The contractor ill advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of avail ble training programs and entrance suppliers and lessors of their EEO obligations under this requirements for eac contract. d. The contractor ill periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential f employees who are minorities and subcontractor compliance with their EEO obligations. rc ` women and will enc urage eligible employees to apply for such training and pr motion. to**, 10. A ssurance Re qu ired by 49 C FR 26.13(b): 7.Unions:If the con ractor relies in whole or in part upon unions as a source o employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportuniti s for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting a agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out -NN a. The contractor grill use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying mo e minorities and women for membership contractor to carry out these requirements is a material breach in the unions and in easing the skills of minorities and women of this contract,which may result in the termination of this so that they may qu lift'for higher paying employment. contract or such other remedy as the contracting agency 1 deems appropriate. .w b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contra ually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,Oolor, religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. j three years following the date of the final payment to the contractor for all contract work and shall be available at u c. The contractor i to obtain information as to the referral reasonable times and places for inspection by authorized practices and policie of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and uch labor union refuses to furnish such a. The records kept by the contractor shall document the (411k, information to the co tractor,the contractor shall so certify to following: the contracting agen y and shall set forth what efforts have - been made to obtain such information. (1)Th e n u mber and wo r k hou rs of m i nor i t y an d non- minoritygroup members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flo of referrals within the time limit set forth in the collective barg ining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without re and to race,color, religion,sex,national opportunities for minorities and women;and origin,age or disabili ;making full efforts to obtain qualified (''''''''s, and/or qualifiable mi orities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, toprovide sufficient ferrals(even thoughit is obli ated to training, g qualifying,and upgrading minorities and women; provide exclusive ref rrals under the terms of a collective bargaining agreeme t)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual (A114%\ requirements of this aragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents th contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executiv Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,s ch contractor shall immediately notify the classification required by the contract work. This information is contracting agency. � to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accçmmodation for Applicants I the last payroll period preceding the end of July. If on-the job Employees with DiabiIities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not .... all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be c onst ructi v el y made or i nc u r red duri ng suc h we ekly per i o d. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe ben efits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification P �p� $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this d- use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1 321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other storage or dressing areas,parking lots,drinking fountains, laborers or mechanics,including helpers,which is not listed in recreation or entertainment areas,transportation,and housing the wage determination and which is to be employed under the provided for employees. The contractor shall provide separate contract shall be classified in conformance with the wage determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contr=ding officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is n-cessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rat- (including fringe benefits where plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the appropriate)deter fined pursuant to paragraphs I.b.(2)or costs anticipated or the actual cost incurred in providing such I.b.(3)of this secti•n,shall be paid to all workers performing work in the classifi,ation under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the inimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the (4"'\ contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not=xpressed as an hourly rate,the contractor , shall either pay the benefit as stated in the wage determination b.(I)The contractor shall submit weekly for each week inor shall pay another'•ona fide fringe benefit or an hourly cashw � equivalent thereof. which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any labore or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to �.,.. reasonably anticipat d in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or prog am,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,up n the written request of the contractor, number).The required weekly payroll information may be that the applicable s ndards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secr tary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a sep rate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh3471nstr.htm _ obligations under th plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. - a 2. Withholding , Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting age cy shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labo,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage (4°14', the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the sa e prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and (41' assisted contract su o jest to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. �- much of the accrued payments or advances as may be considered necessa to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentice-,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or ("."' contractor or any su',contractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the cont=ct. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or orking on the site of the work,all or part of the wages require,. by the contract,the contracting agency may,after written no ice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance, •r guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and ..--.m complete; 3. Payrolls and ba-is records (4'''' a. Payrolls and ba-is records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly, ('''''"', and mechanics work ng at the site of the work.Such records and that no deductions have been made either directly or shall contain the na e,address,and social security number of indirectly from the full wages earned,other than each such worker,hi- or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR of wages paid(inclu.ing rates of contributions or costs part 3; anticipated for bona ide fringe benefits or cash equivalents thereof of the types .escribed in section 1(b)(2)(B)of the Davis-Bacon Act),d-ily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made an. actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor h:s found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any lab.rer or mechanic include the amount of as specified in the applicable wage determination (gs*, any costs reasonabl anticipated in providing benefits under a incorporated into the contract. plan or program des.ribed in section 1(b)(2)(B)of the Davis- (4"'" 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer ° ry c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable FHWA, or the Department of Labor,and shall permit such Program is approved. representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be .,.� greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall qL. w� a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job , rate who is not registered and participating in a training plan papproved by the Employment and Training Administration shall site in any craft classification shall not be greater than the rato permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the Job site in employedexcess of the ratio permitted under the registered program as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices anc Trainees(programs of the U.S.DOT). Apprentices and trai ees working under apprenticeship and V. HOURS AND SAFETYskill training program which have been certified by theACORK NDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid high ay construction programs are not The following clauses apply to any Federal-aid construction subject to the requir ments of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time ho rly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such rograms will be established by the Standards Act.These clauses shall be inserted in addition to particular programs. he ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular progra include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall corn ly with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorpo ted by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to 6.Subcontracts. T e contractor or subcontractor shall insert work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less (4%1*N subcontractors to inc ude Form FHWA-1273 in any lower tier than one and one-half times the basic rate of pay for all hours subcontracts.The prime contractor shall be responsible for the worked in excess of forty hours in such workweek. compliance by any s bcontractor or lower tier subcontractor with all the contract •lauses in 29 CFR 5.5. -µ 2.Violation;liability for unpaid wages;liquidated 7.Contract terming ion:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 2! CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any subcontractor responsible therefor shall be liable for the of the contract,and fi.r debarment as a contractor and a unpaid wages.In addition,such contractor and subcontractor subcontractor as pro ided in 29 CFR 5.12. shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All r lings and interpretations of the Davis-. liquidated damages shall be computed with respect to each Bacon and Related A its contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and -' are herein incorporatd by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concer ing labor standards.Disputes arising calendar day on which such individual was required or out of the labor stan ards provisions of this contract shall not Permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)ofth is section. disputes shall be res Ived in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within th meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contrac or(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,t e U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their r presentatives. Department of Labor withhold or cause to be withheld,from , any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any 10.Certification of ligibility. other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into th s contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or s e)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contra, or's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Govern ent contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as °T the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. (Ast.' b.No part of this con ract shall be subcontracted to any person N or firm ineligible for- and of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier -w c.The penalty for m-king false statements is prescribed in the subcontracts.The prime contractor shall be responsible for U.S.Criminal Code, 8 U.S.C. 1001. compliance by any subcontractor or lower tier subcontractor ry with the clauses set forth in paragraphs(1.)through(4.)of this section. (411.11, 7 �.... evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance w u 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T his pro visio n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws Nm governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a u N employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into „uwv M contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary .,.,u of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the ° contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth -°, in paragraph(1)of Section VI is computed includes the cost of T his pro visio n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. .......e, purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1 022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is .NN 8 i sd 'Whoever,being a !officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any Stage or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association, irm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,fals= representation,or false report as to the considered in connection with the department or agency's character,quality,q lantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quan ity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on a ty highway or related project submitted for approval to the Secrtary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowing) makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered ('''''''N character,quality,q !antity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or ma erials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the ••nstruction of any highway or related may terminate this transaction for cause of default. project approved by he Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowing) makes any false statement or false immediate written notice to the contracting agency to whom mm` representation as to aterial fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. .v Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATI N OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTIO CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is app icable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all r lated subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a ,.w:w...., By submission of thi bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontr ct,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier (41"* Federal-aid constru ion contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be eemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower ,... Tier Participants(such as subcontractors and suppliers). 1.That any person ho is or will be utilized in the performance of this ontract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a viola ion of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be e#4*\ or Section 306 of th Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contra r agrees to include or cause to be covered transaction with a person who is debarred, included the require ents of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,a d further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agen y may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," 'µ EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is app icable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-bu Id contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purch se orders,lease agreements,consultant contracts or any oth r covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is e timated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Pa s 180 and 1200. transaction that is not debarred,suspended,ineligible,or (4°6\ voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and ubmitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.govl),which is b.The inability of person to provide the certification set out compiled by the General Services Administration. below will not neces arily result in denial of participation in this i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" , Na 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). �mm debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by ... bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and --r civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. ➢ paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a to/ft., (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended, ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httDs:I/www.eDls.gov/),which is �N (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or a ena with which this transaction on inatedagency 9 may pursue availably remedies,including suspension and/or debarment. ***** Certification Regar ing Debarment,Suspension, Ineligibility and Vol ntary Exclusion--Lower Tier Participants: 1.The prospective tower tier participant certifies,by submission of this pr posal,that neither it nor its principals is presently debarred, uspended,proposed for debarment, declared ineligible,o voluntarily excluded from participating in covered transaction by any Federal department or agency. 2.Where the prospective lower tier participant is unable to µ ° certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. ***** Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is app icable to all Federal-aid construction contracts and to all r lated subcontracts which exceed $100,000(49 CFR 2 ). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her (4.6' knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for -NN.NN influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or � .w.. employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal ,r... contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, ._ and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submision of this certification is a prerequisite for making or enterin into this transaction imposed by 31 U.S.C. 1352. Any prson who fails to file the required certification shall be ubject to a civil penalty of not less than $10,000 and not motethan$100,000 for each such failure. 3.The prospective participant also agrees by submitting its _F bid or proposal that tie participant shall require that the language of this certi ication be included in all lower tier subcontracts,which xceed$100,000 and that all such recipients shall certi and disclose accordingly. _N 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work t#00 HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor -h undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective Mr.i..wwM bargaining contract,provided that the number of nonresident persons employed under this subparagraph(Ic)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform a.. the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment .,.n.;.e, Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the "-' contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(Ic) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 COUNTY: WILLIAMSON PROJECT: UNIVERSITY BLVD. EXPANSION CONTROL: 0914-05493 HIGHWAY: UNIVERSITY BLVD. LIMITS FROM: FM 1460 "', LIMITS TO: SH 130 --- Right-of-Way Status This is to certify that acquisition of right-of-way was not required for this project. eift., Relocation Status This is to certify that this project did not cause any displacement and the steps relative to relocation advisory assistance and payments under the current FHWA directive(s)covering the ewa, administration of the Highway Relocation Assistance Program were not required. Utility Stators -- This is to certify that utility adjustments were not required or have been completed for this project. All of the utiIit companies have been contacted and it has been determined that the above listed dates are valid. The adjustment of utilities in accordance with the above dates will not impede or delay the Contactor in construction of this project. Encroachment Status This is to certify that no right-of-way encroachments existed within the limits of this project or all removals of fight-of-way encroachments have been completed. `J Railroad Status This is to certify that no railroad work was required for this project. Recommended by: Gary D. Hudder,pe Director of Transportation Date 8/19/2020 Ili, //,/ / /..-/ Page 1 of 2 WILLIAMSON ��o •w, COUNTY: PROJECT: BLVD. CONTROL: HIGHWAY: BLVD. LIMITS FROM: LIMITS TO: �uNUW�:;•rn,old� District EnEngineer Austin District �v oMwv; . Date 4/07/2020 ,I�nsuvnn:�v�,pig,ryy vmv��aw�. asb'�••a���•rn nas n!4'r'rr r�4 �'^c•g�rasiafs�... bwNv`�v Nvs� �»l i r'nriy.:l �rqp fiw•aa�HamW�ipSj�, vvdn�. gv¢�aygsarv,e .,ffrro,mww�^v^i^1P'10 FdNrd�aro,•iyr .6�'sdlµ�,i n,•r'4'f i Page 2 of 2 ��o>r•s lyS N�Mo .A+�wwvvrr'�, • . 000-001 L Special Prvision to Item 000 Schedule Of Liquidated Damages The dollar amount of daily contract administration Liau� dated Dama esper Da is owrrr,,,o^ i f{pauwmi•,�aamaNdk •V7Jf 1�'e NNmNU� rrw i •r�..awys•*woail�y�5. •�r��a dea+• Ali ,gar,,�,s•a.a:�� II �y,�u rHT „w a�,:mwats�dg• to"P' (0'1*, (411*, (ow, �a�tNw�•u,N�.,.�.vr�+a7�,, 1 09-14 (01%, Statewide 000-003L Special Provision to Item 000 Certification of Nondiscrimination in Employment 1. GENERAL By signing this proposal,the Bidder certifies that Bidder has participated in a previous contract or subcontract _._., subject to the equal opportunity clause,as required by Executive Orders 10925, 11114,or 11246,or if Bidder has not participated in a previous contract of this type,or if Bidder has had previous contract or subcontracts and has not filed,Bidder will file with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Note-The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by Bidders and proposed subcontractors only in --- connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5.(Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.Department of Labor. 1 09-14 Statewide (01*, 000-005L r..., 1 Special Prevision to Item 000 Standard federal Equal Employment Opportunity Construction --- Contract specifications (Executive Order 11246) '....., 1. GENERAL 1.1. � 4s used in these specifications: ,■ "Covered area"means the geographical area described in the solicitation from which this Contract resulted;IN "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; • "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. ■ "Minority"includes: • Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic(all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish Culture or origin,regardless of race); • Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and • American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any Construction trade,it will physically include in each subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables)will be in accordance with that plan for those trades which have unions participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under -he equal employment opportunity(EEO)clause,and to make a good faith effort to achieve each goal under he Plan in each trade in which it has employees.The overall good faith performance by other Contractors or ubcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or ubcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1.4. The Contractor will implement the specific affirmative action standards provided in Section 1.7.1.through ..Section 1.7.16.of these specifications.The goals set forth in the solicitation from which this Contract resulted ire expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.Covered construction Contractors performing Contracts in geographical areas where they o not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of federal Contract Compliance Programs office or any Federal procurement contracting officer.The 000-005L Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training M-- programs approved by the U.S.Department of Labor. 1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity.The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 1.7.1. Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or more women to each construction project.The Contractor will specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the - - Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. -- 1.7.2. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. 1.7.3. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union,a recruitment source or community organization ,�•., and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this will be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. 1.7.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral Process has impeded the --- Contractor's efforts to meet its obligations. 1.7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the U.S. Department of Labor.The Contractor will provide notice of these programs to the sources compiled under 7b ---.- above. 1.7.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and Collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1.7.7. Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other 2 000-005L employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents,General Foremen,etc.,before the initiation of construction work at any job site.A written _ .. ecord must be made and maintained identifying the time and place of these meetings,persons attending, Subject matter discussed,and disposition of the subject matter. 1.7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, Specifically including minority and female news media,and providing written notification to and discussing the contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 1.7.9. direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations Serving the Contractor's recruitment area and employment needs.Not later than one month before the date -or the acceptance of applications for apprenticeship or other training by any recruitment source,the contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. _-- 1.7.10. encourage present minority and female employees to recruit other minority persons and women and,where easonable,provide after school,summer and vacation employment to minority and female youth both on the ._. Site and in other areas of a Contractor's workforce. 1.7.11. alidate all tests and other selection requirements where there is an obligation to do so under 41 CFR dart 60-3. 1.7.12. conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. 1.7.13. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1.7.14. insure that all facilities and company activities are non-segregated except that separate or single-user toilet Ond necessary changing facilities will be provided to assure privacy between the sexes. 1.7.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. 1.7.16. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 7.1.through Section 7.16.).The efforts of a contractor ssociation,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under Section 7.1. through Section 7.16.of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's ry minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken On behalf of the Contractor.The obligation to comply,however,is the Contractor's and failure of such a group tlo fulfill an obligation will not be a defense for the Contractor's noncompliance. 1.9. A single goal for minorities and a separate single goal for women have been established.The Contractor, '--' (however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority.Consequently,the Contractor 3 --. 000-005L may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1.11. The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246,as •• amended. 1.13. The Contractor,in fulfilling its obligations under these specifications,will implement specific affirmative action --. steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1.14. The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records must at least include for each employee the name,address,telephone numbers,construction trade,union affiliation if any,employee identification number when assigned,social security number,race,sex,status(e.g.,mechanic,apprentice,trainee,helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and --ry locations at which the work was performed.Records must be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,Contractors shall not be required to maintain separate records. 1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area ,,..� residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1.16. In addition to the reporting requirements set forth elsewhere in this Contract,the Contractor and the subcontractors holding subcontracts,not including material suppliers,of$10,000 or more,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR,Part 230),and in accordance with the included instructions. 406%, 000-394L Special Prevision to Item 000 Disadvantaged Business Enterprise in Federal-Aid Contracts �-LL 1. ESCRIPTION The purpose of this Special Provision is to carry out the U.S. Department of Transportation's(DOT)policy of nsuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level laying field on which firms owned and controlled by individuals who are determined to be socially and conomically disadvantaged can compete fairly for DOT-assisted Contracts. , . 2. ISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1. Policy. It is the policy of the DOT and the Texas Department of Transportation(Department)that DBEs,as -° efined in 49 CFR Part 26,Subpart A,and the Departments DBE Program,will have the opportunity to participate in the performance of Contracts financed in whole or in part with federal funds.The DBE requirements of 49 CFR Part 26,and the Departments DBE Program,apply to this Contract as follows. -Fhe Contractor will solicit DBEs through reasonable and available means,as defined in 49 CFR Part 26, ' ppendix A,and the Department's DBE Program,or show a good faith effort to meet the DBE goal for this Contract. he Contractor,subrecipient,or subcontractor will not discriminate on the basis of race,color,national origin, r sex in the performance of this Contract.Carry out applicable requirements of 49 CFR Part 26 in the award end administration of DOT-assisted Contracts.Failure to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the recipient _. deems appropriate. The requirements of this Special Provision must be physically included in any subcontract. y signing the Contract proposal,the Bidder is certifying that the DBE goal as stated in the proposal will be et by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good aith effort to meet the commitment. 2.2. definitions. ,ov*', 2.2.1. dministrative Reconsideration.A process by which the low bidder may request reconsideration when the epartment determines the good faith effort(GFE)requirements have not been met. 2.2.2. commercially Useful Function(CUF).A CUF occurs when a DBE has the responsibility for the execution Of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. roll*, 2.2.3. isadvantaged Business Enterprise(DBE).A for-profit small business certified through the Texas Unified certification Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially nd economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 1%of the stock is owned by one or more socially and economically disadvantaged individuals,and whose anagement and daily business operations are controlled by one or more of the individuals who own it. 2.2.4. CBE Joint Venture.An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills,and knowledge,and in which the DBE is responsible for a distinct,clearly defined portion of the work of the Contract and whose ,01""'f, 1 -7 000-394L share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 2.2.5. DOT.The U.S.Department of Transportation,including the Office of the Secretary,the Federal Highway Administration(FHWA),the Federal Transit Administration(FTA),and the Federal Aviation Administration (FAA). 2.2.6. Federal-Aid Contract.Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7. Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. --- 2.2.8. North American Industry Classification System(NAILS).A designation that best describes the primary business of a firm.The NAILS is described in the North American Industry Classification Manual-United States,which is available on the Internet at the U.S.Census Bureau website: http:llwww.census.90v/eos/www/naics/. 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including ..� women-owned businesses. -�` 2.2.10. Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11. Texas Unified Certification Program(TUCP)Directory.An online directory listing all DBEs currently certified by the TUCP.The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1. DBE Liaison Officer.Designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. --- 2.3.2. Compliance Tracking.Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner.This includes,but is not limited to,commitments,payments, substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner. 2.3.3. Apparent Low Bidder.The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. 2.3.4. DBE Contractor.A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs. In the event a DBE subcontracts to a non-DBE,that information must be reported monthly. 2.3.5. DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Directory can be accessed at the following Internet address: https://txdot.bcdotcros.tom/FrontEndNendorSearchPublic.asp?TN=txdot&XID=2340. A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is ----_. the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. 2-7 000-394L --- The Bidder is responsible to ensure that all submittals are checked for accuracy.Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of .__. the bidder. r"*, Commitments in excess of the goal are considered race-neutral commitments. _. 2.3.6. food Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in r _ 49 CFR Part 26,Appendix A. 2.3.6.1. Administrative Reconsideration.If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. -- The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Owner. If a reconsideration request is timely received,the reconsideration decision will be made by the Owner's DBE liaison officer or,if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements,an Owner employee who holds a senior leadership position and deports directly to the executive officer,and who did not take part in the original determination will act as an e"*e, administrative hearing officer.The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts INere made to obtain the commitments to meet the Contract goal. the meeting must be held within 7 days of the date of the request submitted under this section. If the Bidder s unavailable to meet during the 7-day period,the reconsideration decision will be made on the written information provided by the Bidder. he Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did ot meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal,within ?days of the date of the notice issued in this section. -— The reconsideration decision is final and not subject to administrative appeal. 2.3.7. betermination of DBE Participation.The work performed by the DBE must be reasonably construed to be ncluded in the work area and NAICS work code identified by the Contractor in the approved commitment. -- Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. payments made to a DBE that was not on the original commitment may be counted toward the Contract goal ithat DBE was certified as a DBE before the execution of the subcontract and has performed a commercially Useful Function. The total amount paid to the DBE for work performed with its own forces is counted toward the DBE goal. (00."*^ When a DBE subcontracts part of the work of its Contract to another firm,the value of the subcontracted (011%, 1,tork may be counted toward DBE goals only if the subcontractor is itself a DBE. CBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the ontractoror its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the ontractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. , „_ 3-7 ---. 000-394L If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal. If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer.According to 49 CFR 26.55(e)(1)(i),a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces,on the premises,the materials,supplies,articles,or equipment required under the Contract and of the general character described by the specifications. The Contractor may count only 60%of its expenditure to a DBE regular dealer.According to 49 CFR 26.55(e)(2)(i),a DBE regular dealer is a firm that owns,operates,or maintains a store,warehouse, or other establishment in which the materials,supplies,articles,or equipment of the general character described by the specifications and required under the Contract are bought,kept in stock,and regularly sold or leased to the public in the usual course of business.A firm may be a regular dealer in such bulk items as ---. petroleum products,steel,cement,gravel,stone,or asphalt without owning,operating,or maintaining a place of business if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or ,., contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. _._ With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the Contractor may count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies,or fees or transportation charges for the delivery of materials or supplies required on a job site. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct,clearly defined portion of the work of the Contract performed by the DBE. 2.3.8. Commercially Useful Function.It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF. Under the terms established in 49 CFR 26.55,a DBE performs a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing,managing,and supervising the work involved. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price, determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.The DBE may lease trucks from another DBE firm,including an owner-operator who is certified as a DBE.The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.The DBE may also --- lease trucks from a non-DBE firm,including from an owner-operator.The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE o trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, Contract,or project through which funds are passed in order to obtain the appearance of DBE participation. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. 4-7 000-394L If a DBE does not perform or exercise responsibility for at least 30%of the total cost of its Contract with its pwn work force,or the DBE subcontracts a greater portion of the work than would be expected on the basis .--- f normal industry practice for the type of work involved,the Owner will presume that the DBE is not performing a CUF. If the Owner determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.The denial period of time may occur before or after a determination has been made by the Owner. In case of the denial of credit for non-performance,the Contractor will be required to provide a substitute r^^ pBE to meet the Contract goal or provide an adequate good faith effort when applicable. ,,.,, 2.3.8.1. ebuttal of a Finding of No Commercially Useful Function.Consistent with the provisions of 49 CFR LL 6.55(c)(4)&(5), before the Owner makes a final finding that no CUF has been performed by a DBE,the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Owner approval.To - - obtain approval,the Contractor must submit a completed Form 2178,"DBE Joint Check Approval,"to the Owner. The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE's ability to perform a CUF.When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). 1 bong-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in he lack of participation towards the Contract goal requirement if DBE independence cannot be established. ,Joint checks will not be allowed simply for the convenience of the Contractor. f the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will e used toward the Contract goal requirement,and the Contractor will need to make up the difference ,Isewhere on the project. 2.3.10. BE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will te terminated for convenience,in whole or part,without the Owner's approval.This includes,but is not - limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. J nless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. the Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Owner on the Notice of fii"*., Intent to terminate. he DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the owner of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor's request for termination. the Owner may provide a shorter response time if required in a particular case as a matter of public riecessity. 1 5-7 000-394L The Owner will consider both the Contractor's request and DBE's stated position prior to approving the request.The Owner may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE. If the Owner does not approve the LL � request,the Contractor must continue to use the committed DBE firm in accordance with the Contract. For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which LL may be extended for an additional 7 days if necessary at the request of the Contractor.The Owner will ----- provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11. Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed.Negative payment reports are _. .r required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Owner,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must be available at reasonable times and places for inspection by authorized representatives of the Owner,Texas b� Department of Transportation or the DOT. Provide copies of subcontracts or agreements and other --- documentation upon request. 2.3.12. Failure to Comply. If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Owner. " - A Contractor's failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract. In such a case,the Owner reserves the right to terminate the Contract;to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor;or to secure a refund,not as a penalty but as liquidated damages,to the Owner or such other remedy or remedies as the Owner deems appropriate. 2.3.13. Investigations.The Owner may conduct reviews or investigations of participants as necessary.All participants,including,but not limited to, DBEs and complainants using DBE Subcontractors to meet the Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 2.3.14. Falsification and Misrepresentation. If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable,or if LL the Contractor engages in repeated violations,falsification,or misrepresentation,the Owner may: m refuse to count any fraudulent or misrepresented DBE participation; • withhold progress payments to the Contractor commensurate with the violation; • refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or 6-7 000-394L • seek any other available contractual remedy. ( \ ( ) P , ( ) ( \ 7-7 --, 002-OOIIL Pam►, Special Provision to Item 2 --� Instructions to Bidders Item 2,"Instructions to Bidders,"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 2.3., Issuing Proposal Forms," second paragraph,is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply: U the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project,but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise (DBE),"is prohibited from rebidding that specific project. Article 2.7.,"Nonresponsive Bid," is supplemented by the following: 4� The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: • the Bidder failed to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise(DBE)." Article 2.14.,°Disadvantaged Business Enterprise(DBE)," is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days(as defined in 49 CFR Part 26,Subpart A)of bid opening.For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe,the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work.The Owner may recommend: .__ • reject all bids,or • award the Contract to the new apparent low Bidder,if the new apparent low Bidder submits DBE information within one calendar day of notification by the Owner. If the new apparent low Bidder is unable to submit the required DBE information within one calendar day: • the new apparent low Bidder will not be deemed nonresponsive, I the Bidder's guaranty will not be forfeited, ---- • the Owner will reject all bids,and I the Bidder will remain eligible to receive future proposals for the same project. 1 -1 INSTRUCTIONS TO BIDDERS 1. Prior tosubmitting any bid,bidders are required to read all drawings(plans),specifications, _-- and all other Project Manual and/or Contract Documents carefully; to inform themselves by them independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the Work and all attending circumstances affecting the cost of doing the Work and the time required for its completion and obtain all information required to make a bid. The aforementioned documents may only be obtained from the City's website at the following web address: http://www.roundrocktexas.gov/transsolicit . Bidders shall be responsible '^' for prii*ting or obtaining prints of the aforementioned documents as necessary. (", 2. Should the bidder find discrepancies in, or omissions from the drawings (plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning, he should notify at once the City and obtain clarification or (^ addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the web address mentioned in 1 above no later than two business days prior to the Bid Opening Date.Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions (ow, required in any addenda issued. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders in the Project Manual. Bids received after the scheduled opening time will be returned unopened. -- 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project,the job number if applicable, and the opening date and time. (..6., 5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond Form, and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock,or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 15 below, within ten (10) days after notice of award f contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretin of the City. Page 1 00100 2-2016 Instructions to Bidders 00090650 7. If awarded the bid,the bidder must complete a Form 1295 electronically on the Texas Ethics Commission (TEC) Website at htt s://www,ethics.statetx.us/whatsnew/eIf info form1295.htm and submit the signed and notarized Form 1295 within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit "A" to the --- Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to - - investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible •--. for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened,except those which the City elects to hold until the successful bidder --- has executed the Agreement. Thereafter,all remaining securities, including security of the successful bidder, will be returned within sixty (60)days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to waive technicalities; to advertise for new bids; or to do the work otherwise when the best ,�.., interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves - ' the right to consider the most favorable analysis thereof,or to reject the bid. Unreasonable ---- and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded,will be made within sixty (60) days after opening of the -- • bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. --- 15. Within ten (10) days after written notification of award of the contract, the successful ,...,, bidder must furnish a performance bond and a payment bond in the amount of one hundred Page 2 00100 2-2016 Instructions to Bidders 00090650 percent (100%) of the total Contract Amount. Said performance bond and payment bond em., shall be from an approved surety company holding a permit from the State of Texas, ---- indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00,the surety must also (1)hold a certificate of authority from the United tates secretary of the treasury to qualify as a surety on obligations permitted or require under federal law; or (2) have obtained reinsurance for any liability in excess of$100,0 0.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the hlder of a certificate of authority from the United States secretary of the treasury to qualify las a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 16. Failure Ito execute the Agreement within ten (10) days of written notification of award or failure o furnish the performance bond and payment bond as required by item 15 above, shall be just cause for the annulment of the award. In case of annulment of the award,the bid security shall become the property of the City, not as a penalty, but as liquidated damages. --- 17. No contract shall be binding upon the City until it has been signed by its Mayor after having ,...., been duly authorized to do so by the City Council. 18. The Coitractor shall not commence Work under the Agreement until he has furnished ,0.•., certification of all insurance required and such has been approved by the City,nor shall the Contractor allow any Subcontractor to commence work on his subcontract until proof of all simi]ar insurance that is required of the subcontractor has been furnished and approved. "- The Contractor's insurer shall use the certificate of insurance form included in the bid -- documnts or the standard ACORD form. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder,a performance bond in accoidance with Section 2253.021(b), Texas Government Code, and a payment bond in accord cc with Section 2253.021(c). ',Ps.' 20. Any quantities given in any portion of the Bid Documents, including the drawings (plans), --- are estimates only, and the actual amount of work required may differ somewhat from the (ow., estimates. The basis for payment shall be the actual amount of work done and/or material furnished as specified in the General Conditions. (tiffi*N 21. Bids sht11 be submitted on a separated contract basis. No Texas sales tax shall be included in the plices bid for materials consumed or incorporated into the Work. This contract is issued 1:3T an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to esw., the Contractor. The Contractor must then issue a resale certificate to the material supplier Page 3 00100 2-2016 Instructions to Bidders 00090650 for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; ,..., 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical,the materials will be labeled as the property of the City. 22. The Contractor, after execution of the contract and pursuant to Internal Revenue Service ---- (IRS)regulations, shall furnish its Taxpayer Identification Number(TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct ^►, Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s)to,and deducting the amount of the selected Deduct Alternates) from the Base Bid or the selected Alternate bid. Page 4 00100 22O16 Instructions to Bidders 00090650 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to newly enacted Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity ntering into a contract with a local government that requires approval of the governing body must subnit a disclosure of interested parties to the local governmental prior to the execution of the contract. The Txas Ethics Commission(TEC) has adopted a form for the disclosure of interested parties (Form 1295)an has created a website application for business entities to submit the required information. The City of Round Rock may not enter into a contract that requires the approval of the City Council 'A' until the business entity that is a party to the contract files a Form 1295 with the City Clerk. The instructions to complete Form 1295 and file it with the City Clerk are as follows: fog*, 1. Upon being notified of a bid award,the award recipient("business entity")must go to the following website: htt s://www.ethics.statetx.us/whatsnew/e1:f info form 1 295.htrn and follow the login directions on the website application to complete a Form 1295. If this is a business entity's first time lojing on to the website application, the business entity must create a login Username and PassworJ and then follow the application's instructions to complete a Form 1295. 2. The Cit) does not have a Contract ID Number System. Please insert the project name in this box. 3. Even if to business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. eow., 4. Once confirmation is received that the information has been submitted,the business entity MUST . print,sin and notarize the printed out completed Form 1295. 5. The signed and notarized Form 1295 must be filed with the Clerk of the City of Round Rock within ten (10) business days of the date of notification of the award. The signed and notarized Form 1295 may be scanned and e-mailed to swhite(à:,roundrocktexas ov OR mailed ir band-delivered to the address below. tow., 6. Once the City Clerk receives the signed and notarized Form 1295, the City Clerk will submit confirmation of receipt through the TEC website application within thirty(30)days of the filing of Form 1295. -- 7. This process must be followed for each contract a business entity enters into with the City of Round Rock. r^, 8. A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. 9. If you hive any questions regarding the filing of Form 1295, please contact: Iara White,City Clerk - - 21 East Main Street tound Rock,Texas 78664 hone: (512)218-5404 fax: (512)218-7097 '^E-mail: svhiteaioundrockteas gov 5',•r'asormnyR xgyvyNN f S,N v�iµ�t4wa�,r•Y'f'�NQ ,a,vs,a,i IfhN�n1'v'6ioi Sf�Aj'i`f 111 1Ndk. •awi'I .xermmm- „, �jNNo,a,s•i•s, 00200 BID BOND • __ tl'WA"V'uN6�,•,m yyr�AUN,hNNNi4'r���. ��f6rc'a•r•r•,c,s k�unrrrow Vrylfjsae ens f•15f ,f�f'IYI'fr•il 1'1'jy 51of5i'S'7•rrJ�. �9yafiVrcrY'� .i/1'Na#dda t iy i�lt�lf5'r 1•fvNyro, .VNaTM^NVNNNW'05�� WNNNnry,t�o . 1 7 Y s BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That J. D.Abrams, LP of the City of Austin County of Travis State of Texas as Principal, and Cgntinental Insurance Company authorized under the laws of the State of Texas to act as Lierty Mutual insurance Company surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"), in the penal sum of Five Percent (5%) of the total amount of the Bid of the Principal submitted to the Owner,for the Work described below;for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed the sum of( five percent of the greatest amount bid Dollars ($ 5% ). THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of UNIVERSITY BOULEVARD EXPANSION for which Bids are to be opened at the office of Owner on the 2nd day of December , 20 20 . NOW, THEREFORE, if the Principal is awarded the Contract, and within the time and manner required under the "Instructions to Bidders," after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. In the event that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF,the said Principal and Surety have signed this instrument on this the 2nd day of the month of December 20 20 . Continental Insurance Company J. D.Abrams. LP Liberty Mutual Insurance Company Principal Surety Martin Poduska Barbara A.Shamard Printed Na e Printed Nam By: By: Title: Vice President Title: `Attorney-In-Fact Address: 5811 Trade Center Drive. Bldg 1 Address: 3506 E Palm Valley Blvd,Ste 3 Austin,TX 78744 Round Rock,TX 78665 00200 9-2015 Page 1 Bid Bond 00090652 Resident Ag of urety: Signature Barbara A. Shamard Printed Name 3500 E Palm Valley Blvd, Ste 3 Street Address Round Rock,TX 78665 City, State, Zip Page 2 00200 9-2015 Bid Bond 00090652 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Peter Pincoffs,John S Burns Jr,Chris Brandt,Barbara A.Shamard,Individually of Austin,TX,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of June,2020. ••''""''' The Continental Insurance Company 4,4‘ Iffl4",14% 149' ;4 CA : �1, wo*I yo. :z 4(. 'VA o: to .•; "IF doe Paul T.Bruflat ice President State of South Dakota,County of Minnehaha,ss: On this 5th day of June,2020,before me personally came Paul T. Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.MOHR posomycza (:/:7)9eLfl/L ) My Commission Expires June 23,2021 J.Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 2nd day of December,2020. t.tdek "�'• The Continental Insurance Company t :g "mit:"P.0 :M 4:* 0: 4.4,; am ir• ("1"NaL • jut Mak IVO. D.Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012. "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively, "Electronic Signatures"),Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent, Wortham Insurance at: 512-453-0031 You may call CNA Surety Company's toll-free telephone number for information or to make a complaint at: 1-800-331-6053 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write to the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 PREMIUM AND CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part or condition of the attached document. „ , , -, - •10, ThisIrdAttomeyHnitsthedthcenmdherein,an d they have no authority to e..., bind the Conpany except in the rterna and to the octal herein stated ‘\) , Liberty Liberty Mutual Insurance Company rAk Mutual® The Ohio Casualty Insurance Company Csfflicate No: 8203822-976136 West American Insurance Company SURETY POWER OF ATTORNEY FQ1 ALL PEIONS BY PSENTS:That The ono Cuty Inirare Ccnny is a corporation duly«gEnizea Linder the Ia of the Stated new Harrpshire,that Liberty M1u In ce Gbrtpany is a corporation duly organized axis the IaisdtheStaeo Mchust and VMcai InsmoeCcnyisacarporacnthycrgaried under the lam of the Sage of Ina a called the"Carpaiied),pursjanttoand byathotyhernsfcrth,does herebyrne,constitute Chris Brandt,Rob Bridges,John S.Burns,Jr.,Peter Pincoffs,Barbara A.Shamard,George S.Sykes,Jr. all of the city d Austin dated TX each inthduytherebe more than one naffed,its true and Ia&d 2ttomey-in-fad to make, eaeaute,sea,adanWedge and deliver,for and on its behfas suety and as its ad and deed,any and all undertakings,bonds,reoogrirdnoes and other suety obligations,in puraianoe d these presents and shall be as bincing upon the Conanies as if they have been du signed by the presdent and attested by the secretary of the COnTBes in their awn proper Persons. INWTIESSW-EIOF,this Rawer d Attorney has been absaibed by an authorized dflcercxoffid of the Ccnaes and the corporate seals of the Ccnes have been affixed therothis 2nd dayct June 2020 Uberty Mitu IrsuraiceCcrrpaiy :_o �1NSUp ZV INV \NS UR ThE a110 y IfU1'd102 COfT�/• �roy�F QJ r°oavo"to ro�tri, �4P?oaP°Res>�y�, V\ MInnoeConJany � 1912 �it 0 1919 V 1991 � y N a) p l'�84CHUSui '%”-1' �,ds y�Z�hAMPS�e • aD4 O �s �NDIANP ,aa 40;(117; •....., Z 41P/7 * ),N. .4),(iti * 441 * ),* By. = _Fl.. Ceid M Carey,Assistant Secretary T " ip Sate d PEN�5VLVANIA a -o 2� CxxrntycMO1'ffGOIVERY� co w j Qiths 2nd day d June 2020 before me personally appaanBd CeAd M Carey,WacMecjed himselftobetheAaitSecraryofUbertyu Insurance To o �co Qxrry,The Cho(malty Company,and Vktst American Insurance Ccrriy,and that h as such,berg autho►izeti so to do,eaeade the foregoing instrument for Cie pirposes—� a? > therncontakied by signing on behfdecorporaUneffadiilyauthohzeddficer. c w Id 76 - INWTNESSW-IEFEOF,I Florae hereuntosubscribed mynils andaffixed crrarial seal at IGngofFhssia,�ylvaa,onthedayandy fiRwritten. c a)>'�__„„. D O co y i, P q S =ce) 0 � ,-�k,75 4, s ti*oNyy�.rCr! COMMONWEALTH OF PENNSYLVANIA J Q�O O ,iits'\ �oZ y Notarial Seal � rgJellit) � C� OF Teresa Pastella,Notary Public NC16_ Upper Merlon Twp.,Montgomery County B�/: E � A�LV4,7r,' My Commission Expires March 28,2021 �Pla, �� � �p • Member.Pennsylvania Association of Not Notary a O � y .CRY N.'.., � c/1 O � 6 .... Ths Ri€r of Attorney IS made and executed pursuant to and by 31U1Q1ty of the fdloMng Bais 31d A 'zaor of The Cho Casually Inarance CcnarTy, Uberty Mitual, C o C IriraicCcniy,and V1k5t Arrerican In oe QRp0f1�/VY�'IC11 1290l1$10(15 are am in full fcrceaidfec f�fl9 as follow 0 a) N E w AR11QE 1V—OFFICEI :Section 12 R,€rcfAftomei. .4"w Et! My dilcer or other df1dalalCaporabcn d the authorized for that pirpose in writing bi the Charnn or the Predent,and subject to such Iinitatkn the Cmn or the' ii; Resident may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf d the Corporation to crake,exeaite,seal,advianiedge and deliver as suety>;,:?. �� ay and all undertakings,bonds,reoo�izdrbes aid other surety obligations.Such atta�,ya 2 rirrfact,subject to the Iinitatknss forth in their respedprsi�e of attorney,shall s o L. have fill parer to bind the Qxporatkn by their sig�u ue e and eafim of any such irnirrents and to attach thereto the seal of the Corporation.Wien so malted,such E cv z c�i inniments shall be as bincing as if spied by the R'edent and attested to by the Secnataty.Any pr or authority granted to any representative or adtarey-infact under the, aMo pthdsarde may be revoked at any time by the Boyd,theChahiTai,theftde bythefficerorcersgrantingsrch �o AII1LE) II—Ex3cudon d Contracts:Section 5.&iryBondsand Uidertdr9a two Myofficercthe Compaiyaiuioiizedforthat purpose inwibng bythechrrTai presdent,or the and subject to such IinitaUcrasthechawnnor the predent rra Rabe,I— appcnt such attorneys-in-fact,as trey be necessary to act in behalf d the Qnnyto make,ecearte,seal,2dvianiedge and deliver as suety any and all uidataldrrs., bats,rvavnizances axi other surety obligations.Such attortws-inrfact subject to the limitations set forth in their respective pones of aRtorrey,shall have fill power to bind the Ccnpaiy by thr sgaue and execution daly such irnxnents and to attach thero the seal of the Ccrrny.Wien so eceaated such irnnients shall be as bincing as if aged by bythesecrary. Certificatedaticn—The RedentofIIieCoripaiy,sting pirsuanttothe Bylaws of the Carpay,auUprizes David M Carey,A I to appoint such attorneys-ir- fad as rusty be necessary to ad on behalf of the Corrnyto make,execute,seal,advianiedge and di suety any and all undertakings,bond recoglaances and a4ler surety obligations. Authorization—By unanimous consent of theCcnai/s Boa'd dDreccrs,theCoyconsensthatfileorchIyreproduoedsgrturedanyassantsecraydllie Ccrry,wherever tvon a certified copy d any pcierof attorney issued bytheCnpany in connection with sorely bards,shall be valid at tncir9 upon the Cxrpaiywth the sate force and effect as though manually affueed. I,Renee C.Ueiyn,the uidersgned,Assart Seaay,The Cho Cuty Insurance Ccnny,liberty Mit 1nsuran2 CcrTpany,and Wast Miencar Insiraice Carpany do herebycerfylliat theohg pdaUcrneydWich theforang isafull,tne aid correct copy of the R, ofAftomajeewted by said Ccne is in fill forceand effect aid Eras rot been revolced. INTES11MONYW-EFEOF,I have hereunto set cry hand aid axed the seals of said Ccrrpariesths 2nd day of December 2020 ,u4Sijk o'd IN3�j �\NS(/R j Q�a av o�oti�m �Ji4o avo�yr�y� vP raaroRyr'gyc+ rF � 'p to � ; 1912 e o 0 1919 � � 1991 2 -+..�—�y.. .Yd�1 BsgCNU'� des %zF r�' ° A ,� BY�ej� * ,,,ylAMPs��aa 'es�,��*�*aaa Renee C.Uanellyn,Assstant Sec�y LMS-12873 LMIC OCIC WAIC Multi Co 12/19 410, VitiffLibertyj� ` Mutual.. Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 .�aAtN�^•Hh'•'. .�vti.aw•rs va[. �'rdro�a�olo s r•(�Albs, a 'sWS �l1rcS.l�4 fn r,.vv o w•gr sa>}>! ,Bh'f'7..,i 1'fY'I`fillryry �3pipa<wsiNr..H.r'mT b3vrwN �p•Nov^Nlpa ,^yr1Tu.6lcealu MTtM1Yr� ,/�i116ia16 alnirJ¢r1 .U�wwwuovrmaWv6grg .�'7'r'r r r rrs'NNfib� re v e`•aa+�k•Y U1436v. ,q�••�^iavHH r r'r{''Ila �g1pGr�r r�v� NNa� 1 MINUTES OF THE SPECIAL MEETING OF THE BOARD DIRECTORS OF ABRAMS MANAGEMENT COMPANY A special meeting of the Board of Directors of ABRAMS MANAGEMENT COMPANY, a Texas corporation, being the General Partner of J.D. ABRAMS,L.P.("the Partnership"),a Texas Limited Partnership, was held at 8:30 a.m.at the corporate office 5811 Trade Center Dr,Austin,Texas on March 13th,2020. The following Directors were present: Jon F.Abrams Brad Everett-Chairman Kelly Gallagher—Secretary& Treasurer Alfonso Fernandez—Asst. Secretary Before commencing the meeting,all Directors waived notice of the meeting and agreed that all actions taken at the meeting would constitute valid actions by and on behalf of the Company. After discussion, a quorum being present and upon motion made and seconded,the Directors present unanimously voted to adopt the following resolution: RESOLVED,that the following officers be authorized to sign contractual documents for J.D. Abrams, L.P., including contracts and contract bonds,change orders,forms and proposals on behalf of Partnership to any federal,state, county, city or private entity. Brad Everett Martin Poduska Alfonso Fernandez J. Kelly Gallagher Amadeo Saenz Jesus Anguiano Steven Zbranek Ken Kincaid Bryan Villas Charles Webb III There being no further business, upon motion duly made and seconded,the Directors present unanimously voted to adjourn. Execute. this 13th day of March 2020 4/1 • J. = ly Gall •r, Secreta . t BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC1 WITH UNIT PRICES IN WORDS QUANTITY MEASURE PREPARING ROW 1 101 01006002 189 STA $ 3,000.00 $ 567,600.00 at Three Thousand Dollars and Zero Cents per STA 2 1000 01056029 REMOVE STAB BASE&ASPH PAV(24") 1187 SY $ 15.00 $ 17,805.00 at Fifteen Dollars and Zero Cents per SY OBLITERATING ABANDONED ROAD 3 1000 01066002 492 SY $ 5.00 $ 2,460.00 at Five Dollars and Zero Cents per SY EXCAVATION(ROADWAY) 4 1000 01106001 43219 CY $ 5.00 $ 216,095.00 at Five Dollars and Zero Cents per CY . . 5 1000 01106003 EXCAVATION(SPECIAL) 13246 CY $ 15.00 $ 198,690.00 at Fifteen Dollars and Zero Cents per CY , , EMBANKMENT(FINAL)(ORD COMP)(TY B) 6 1000 01326003 34450 CY $ 10.00 $ 344,500.00 at Ten Dollars and Zero Cents per CY FURNISHING AND PLACING TOPSOIL(4") 7 1000 01606003 123268 SY $ 1.00 $ 123,268.00 at One Dollars and Zero Cents per SY BROADCAST SEED(PERM)(RURAL)(CLAY) 8 1000 01646003 123268 SY $ 0.16 $ 19,722.88 at Zero Dollars and Sixteen Cents per SY VEGETATIVE WATERING 9 1000 01686001 3698 MG $ 12.00 $ 44,376.48 at Twelve Dollars and Zero Cents per MG SOIL RETENTION BLANKETS(CL 1)(TY A) 10 1000 01696001 607 SY $ 3.00 $ 1,821.00 at Three Dollars and Zero Cents per SY FL BS(CMP IN PLC)(TY A GR 5)(FNAL POS) 11 1000 02476366 52384 CY $ 39.00 $ 2,042,962.60 at Thirty Nine Dollars and Zero Cents per CY 'Refer to the Technical Specifications section for a description of the specific reference number. Page 1 of 15 . ‘ BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE LIME(HYDRATED LIME(SLURRY)) 12 1000 02606002 4217 TON $ 0.01 $ 42.17 at Zero Dollars and One Cents per TON LIME TRT(EXST MATL)(8") 13 1000 02606027 192300 SY $ 0.01 $ 1,923.00 at Zero Dollars and One Cents per SY , . PRIME COAT(MULTI OPTION) 14 1000 03106001 26912 GAL $ 3.95 $ 106,301.91 at Three Dollars and Ninety Five Cents per GAL 15 1000 03166004 ASPH(TIER I) 19319 GAL $ 4.60 $ 88,867.40 at Four Dollars and Sixty Cents per GAL 16 1000 03166193 AGGR(TY-D GR-5 SAC-B) 598 CY $ 130.00 $ 77,740.00 at One Hundred Thirty Dollars and Zero Cents per CY . , D-GR HMA(SQ)TY-B OR D PG64-22(LVL-UP) 17 1000 03406242 93 TON $ 125.00 $ 11,625.00 at One Hundred Twenty Five Dollars and Zero Cents per TON PLAN&TEXT ASPH CONC PAV(0"TO 2") 18 1000 03546002 5220 SY $ 3.75 $ 19,575.00 at Three Dollars and Seventy Five Cents per SY CUT&RESTORE ASPH PAVING 19 1000 04006008 88 SY $ 150.00 $ 13,200.00 at One Hundred Fifty Dollars and Zero Cents per SY 20 1000 04026001 TRENCH EXCAVATION PROTECTION 523 LF $ 3.00 $ 1,569.00 at Three Dollars and Zero Cents per LF 21 1000 04036001 TEMPORARY SPL SHORING 925 SF $ 35.00 $ 32,375.00 at Thirty Five Dollars and Zero Cents per SF DRILL SHAFT(TRF SIG POLE)(36 IN) 22 1000 04166032 14 LF $ 215.00 $ 3,010.00 at Two Hundred Fifteen Dollars and Zero Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 2 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE DRILL SHAFT(TRF SIG POLE)(48 IN) 23 1000 04166034 88 LF $ 370.00 $ 32,560.00 at Three Hundred Seventy Dollars and Zero Cents per LF 24 1000 04206029 CL C CONC(CAP) 81 CY $ 500.00 $ 40,500.00 at Five Hundred Dollars and Zero Cents per CY RIPRAP(CONC)(CL B) 25 1000 04326006 5 CY $ 1,200.00 $ 6,000.00 at One Thousand Two Hundred Dollars and Zero Cents per CY .. 26 1000 04326009 RIPRAP(GONG)(CL B)(4") 50 CY $ 550.00 $ 27,500.00 at Five Hundred Fifty Dollars and Zero Cents per CY RIPRAP(STONE PROTECTION)(24 IN) 27 1000 04326035 200 CY $ 175.00 $ 35,000.00 at One Hundred Seventy Five Dollars and Zero Cents per CY 28 1000 04326045 RIPRAP(MOW STRIP)(4 IN) 86 CY $ 575.00 $ 49,277.50 at Five Hundred Seventy Five Dollars and Zero Cents per CY CONC BOX CULV(8 FT X 8 FT) 29 1000 04626023 198 LF $ 1,000.00 $ 198,000.00 at One Thousand Dollars and Zero Cents per LF 30 1000 04626034 CONC BOX CULV(10 FT X 10 FT) 529 LF $ 1,200.00 $ 634,800.00 at One Thousand Two Hundred Dollars and Zero Cents per LF 31 1000 04646003 RC PIPE(CL III)(18 IN) 464 LF $ 85.00 $ 39,440.00 at Eighty Five Dollars and Zero Cents per LF RC PIPE(CL III)(24 IN) 32 1000 04646005 20 LF $ 135.00 $ 2,700.00 at One Hundred Thirty Five Dollars and Zero Cents per LF RC PIPE(CL III)(36 IN) 33 1000 04646008 633 LF $ 110.00 $ 69,630.00 at One Hundred Ten Dollars and Zero Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 3 of 15 s . BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE RC PIPE(CL V)(18 IN) 34 1000 04646025 371 LF $ 70.00 $ 25,970.00 at Seventy Dollars and Zero Cents per LF INLET(COMPL)(TY H) 35 1000 04656163 13 EA $ 4,000.00 $ 52,000.00 at Four Thousand Dollars and Zero Cents per EA 36 1000 04666101 HEADWALL(CH-PW-0)(DlA=36 IN) 1 EA $ 10,000.00 $ 10,000.00 at Ten Thousand Dollars and Zero Cents per EA WINGWALL(PW-1)(HW=10 FT) 37 1000 04666171 1 EA $ 65,000.00 $ 65,000.00 at Sixty Five Thousand Dollars and Zero Cents per EA - , 38 1000 04666173 WINGWALL(PW-1)(HW=12 FT) 2 EA $ 80,000.00 $ 160,000.00 at Eighty Thousand Dollars and Zero Cents per EA SET(TY II)(18 IN)(RCP)(6:1)(P) 39 1000 04676363 12 EA $ 1,700.00 $ 20,400.00 at One Thousand Seven Hundred Dollars and Zero Cents per EA . . SETP-PD(TYII)(36") 40 1000 04676363 3 EA $ 4,700.00 $ 14,100.00 at Four Thousand Seven Hundred Dollars and Zero Cents per EA 41 1000 04966002 REMOV STR(INLET) 3 EA $ 800.00 $ 2,400.00 at Eight Hundred Dollars and Zero Cents per EA REMOV STR(SET) 42 1000 04966004 28 EA $ 400.00 $ 11,200.00 at Four Hundred Dollars and Zero Cents per EA REMOV STR(WINGWALL) 43 1000 04966005 4 EA $ 5,000.00 $ 20,000.00 at Five Thousand Dollars and Zero Cents per EA - . REMOV STR(HEADWALL) 44 1000 04966006 2 EA $ 900.00 $ 1,800.00 at Nine Hundred Dollars and Zero Cents per EA 'Refer to the Technical Specifications section for a description of the specific reference number. Page 4 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC1 WITH UNIT PRICES IN WORDS QUANTITY MEASURE 45 1000 04966007 REMOV STR(PIPE) 806 LF $ 22.00 $ 17,732.00 at Twenty Two Dollars and Zero Cents per LF . . 46 1000 05006001 MOBILIZATION 1 LS $ 775,000.00 $ 775,000.00 at Seven Hundred Seventy Five Thousand Dollars and Zero Cents per LS 47 1000 05026001 BARRICADES,SIGNS AND TRAFFIC HANDLING 18 MO $ 10,000.00 $ 180,000.00 at Ten Thousand Dollars and Zero Cents per MO ROCK FILTER DAMS(INSTALL)(TY 2) 48 1000 05066002 1240 LF $ 30.00 $ 37,200.00 at Thirty Dollars and Zero Cents per LF ROCK FILTER DAMS(REMOVE) 49 1000 05066011 1240 LF $ 10.00 $ 12,400.00 at Ten Dollars and Zero Cents per LF 50 1000 05066020 CONSTRUCTION EXITS(INSTALL)(TY 1) 312 SY $ 17.00 $ 5,304.00 at Seventeen Dollars and Zero Cents per SY CONSTRUCTION EXITS(REMOVE) 51 1000 05066024 312 SY $ 8.00 $ 2,496.00 at Eight Dollars and Zero Cents per SY BEADING WORK(EROSION&SEDMT CONT) 52 1000 05066032 200 HR $ 100.00 $ 20,000.00 at One Hundred Dollars and Zero Cents per HR 53 1000 05066038 TEMP SEDMT CONT FENCE(INSTALL) 2365 LF $ 5.25 $ 12,416.25 at Five Dollars and Twenty Five Cents per LF TEMP SEDMT CONT FENCE(REMOVE) 54 1000 05066039 2365 LF $ 0.50 $ 1,182.50 at Zero Dollars and Fifty Cents per LF 55 1000 05066041 BIODEG EROSN CONT LOGS(INSTL)(12") 660 LF $ 6.00 $ 3,960.00 at Six Dollars and Zero Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 5 of 15 , . BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC WITH UNIT PRICES IN WORDS QUANTITY MEASURE BIODEG EROSN CONT LOGS(REMOVE) 56 1000 05066043 660 LF $ 0.25 $ 165.00 at Zero Dollars and Twenty Five Cents per LF CONSTRUCTING DETOURS 57 1000 05086001 1071 SY $ 75.00 $ 80,325.00 at Seventy Five Dollars and Zero Cents per SY PORT CTB(FUR&INST)(F-SHAPE)(TY 1) 58 1000 05126005 750 LF $ 45.00 $ 33,750.00 at Forty Five Dollars and Zero Cents per LF PORT CTB(MOVE)(F-SHAPE)(TY 1) 59 1000 05126029 1170 LF $ 6.00 $ 7,020.00 at Six Dollars and Zero Cents per LF PORT CTB(REMOVE)(F-SHAPE)(TY 1) 60 1000 05126053 750 LF $ 6.00 $ 4,500.00 at Six Dollars and Zero Cents per LF COLORED TEXTURED CONC(5") 61 1000 05286008 1512 SY $ 95.00 $ 143,640.00 at Ninety Five Dollars and Zero Cents per SY , , CONC CURB&GUTTER(TY II) 62 1000 05296008 2133 LF $ 20.00 $ 42,660.00 at Twer:_q_ Dollars and Zero Cents per LF CONCRETE GUTTER(MODIFIED) 63 1000 05296032 259 LF $ 42.00 $ 10,878.00 at Forty Two Dollars and Zero Cents per LF CONC SIDEWALKS(5") 64 1000 05316002 28 SY $ 90.00 $ 2,520.00 at 1iay.. Dollars and Zero Cents per SY 65 1000 05316004 CURB RAMPS(TY 1) 3 EA $ 1,900.00 $ 5,700.00 at One Thousand Nine Hundred Dollars and Zero Cents per EA 66 1000 05316016 CURB RAMPS(TY 21) 1 EA $ 3,100.00 $ 3,100.00 at Three Thousand One Hundred Dollars and Zero Cents per EA 'Refer to the Technical Specifications section for a description of the specific reference number. Page 6 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC1 WITH UNIT PRICES IN WORDS QUANTITY MEASURE 67 1000 05406001 MTL W-BEAM GD FEN(TIM POST) 801 LF $ 23.00 $ 18,423.00 at Twenty Three Dollars and Zero Cents per LF 68 1000 05406016 DOWNSTREAM ANCHOR TERMINAL SECTION 3 EA $ 1,162.50 $ 3,487.50 at One Thousand One Hundred Sixty Two Dollars and Fifty Cents per EA 69 1000 05446001 GUARDRAIL END TREATMENT(INSTALL) 3 EA $ 3,123.75 $ 9,371.25 at Three Thousand One Hundred Twenty Three Dollars and Seventy Five Cents per EA CRASH CUSH ATTEN(MOVE&RESET) 70 1000 05456003 6 EA $ 1,350.00 $ 8,100.00 at One Thousand Three Hundred Fifty Dollars and Zero Cents per EA 71 1000 05456005 CRASH CUSH ATTEN(REMOVE) 4 EA $ 750.00 $ 3,000.00 at Seven Hundred Fifty Dollars and Zero Cents per EA 72 1000 05456019 CRASH CUSH ATTEN(INSTL)(S)(N)(TL3) 4 EA $ 10,000.00 $ 40,000.00 at Ten Thousand Dollars and Zero Cents per EA 73 1000 05526003 WIRE FENCE(TY C) 81 LF $ 15.00 $ 1,215.00 at Fifteen Dollars and Zero Cents per LF 74 1000 06186046 CONDT(PVC)(SCH 80)(2") 1626 LF $ 10.50 $ 17,073.00 at Ten Dollars and Fifty Cents per LF 75 1000 06186047 CONDT(PVC)(SCH 80)(2")(BORE) 904 LF $ 26.25 $ 23,730.00 at Twenty Six Dollars and Twenty Five Cents per LF CONDT(PVC)(SCH 80)(3") 76 1000 06186053 4794 LF $ 12.60 $ 60,404.40 at Twelve Dollars and Sixty Cents per LF CONDT(PVC)(SCH 80)(3")(BORE) 77 1000 06186054 2712 LF $ 27.30 $ 74,037.60 at Twenty Seven Dollars and Thirty Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 7 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC WITH UNIT PRICES IN WORDS QUANTITY MEASURE 78 1000 06206007 ELEC CONDR(NO.8)BARE 4034 LF $ 1.58 $ 6,373.72 at One Dollars and Fifty Eight Cents per LF 79 1000 06206008 ELEC CONDR(NO.8)INSULATED 2982 LF $ 1.26 $ 3,757.32 at One Dollars and Twenty Six Cents per LF 80 1000 06206010 ELEC CONDR(NO.6)INSULATED 62 LF $ 3.15 $ 195.30 at Three Dollars and Fifteen Cents per LF ALUMINUM SIGNS(TY A) 81 1000 06366001 1 SF $ 100.00 $ 100.00 at One Hundred Dollars and Zero Cents per SF , ' IN SM RD SN SUP&AM TYIOBWG(1)SA(T) 82 1000 06446004 1 EA $ 535.00 $ 535.00 at Five Hundred Thirty Five Dollars and Zero Cents per EA IN SM RD SN SUP&AM TY10BWG(1)SA(U) 83 1000 06446007 9 EA $ 745.00 $ 6,705.00 at Seven Hundred Forty Five Dollars and Zero Cents per EA 84 1000 06446060 IN SM RD SN SUP&AM TYTWT(1)WS(P) 39 EA $ 360.00 $ 14,040.00 at Three Hundred Sixty Dollars and Zero Cents per EA RELOCATE SM RD SN SUP&AM TY IOBWG 85 1000 06446068 9 EA $ 420.00 $ 3,780.00 at Four Hundred Twenty Dollars and Zero Cents per EA REMOVE SM RD SN SUP&AM 86 1000 06446076 13 EA $ 105.00 $ 1,365.00 at One Hundred Five Dollars and Zero Cents per EA 87 1000 06586001 INSTL DEL ASSM(D-SW)SZ t(FLX)GND 24 EA $ 50.00 $ 1,200.00 at Fifty Dollars and Zero Cents per EA 88 1000 06586047 INSTL OM ASSM(OM-2Y)(WC)GND 18 EA $ 58.00 $ 1,044.00 at Fifty Eight Dollars and Zero Cents per EA 'Refer to the Technical Specifications section for a description of the specific reference number. Page 8 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC WITH UNIT PRICES IN WORDS QUANTITY MEASURE WK ZN PAV MRK NON-REMOV(W)4"(BRK) 89 1000 06626001 1840 LF $ 0.37 $ 680.80 at Zero Dollars and Thirty Seven Cents per LF 90 1000 06626004 WK ZN PAV MRK NON-REMOV(W)4"(SLD) 25173 LF $ 0.29 $ 7,300.17 at Zero Dollars and Twenty Nine Cents per LF WK ZN PAV MRK NON-REMOV(W)8"(SLD) 91 1000 06626012 2384 LF $ 0.72 $ 1,716.48 at Zero Dollars and Seventy Two Cents per LF WK ZN PAV MRK NON-REMOV(W)24"(SLD) 92 1000 06626016 206 LF $ 7.12 $ 1,466.72 at Seven Dollars and Twelve Cents per LF WK ZN PAV MRK NON-REMOV(Y)4"(SLD) 93 1000 06626034 47133 LF $ 0.29 $ 13,668.57 at Zero Dollars and Twenty Nine Cents per LF 94 1000 06626063 WK ZN PAV MRK REMOV(W)4"(SLD) 1334 LF $ 1.37 $ 1,827.58 at One Dollars and Thirty Seven Cents per LF WK ZN PAV MRK REMOV(W)8"(SLD) 95 1000 06626071 380 LP $ 2.42 $ 919.60 at Two Dollars and Forty Two Cents per LF 96 1000 06626095 WK ZN PAV MRK REMOV(Y)4"(SLD) 1241 LF $ 1.37 $ 1,700.17 at One Dollars and Thirty Seven Cents per LF REFL PAV MRK TY I(W)4"(BRK)(IOOMIL) 97 1000 06666003 9235 LF $ 0.39 $ 3,601.65 at Zero Dollars and Thirty Nine Cents per LF REFL PAV MRK TY I(W)4"(LNDP)(090M1L) 98 1000 06666008 36830 LF $ 0.44 $ 16,205.20 at Zero Dollars and Forty Four Cents per LF REFL PAV MRK TY I(W)8"(DOT)(O9OMIL) 99 1000 06666029 44 LF $ 0.78 $ 34.32 at Zero Dollars and Seventy Eight Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 9 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC1 WITH UNIT PRICES IN WORDS QUANTITY MEASURE REFL PAV MRK TY I(W)8"(SLD)(O9OMIL) 100 1000 06666035 12075 LF $ 0.71 $ 8,573.25 at Zero Dollars and Seventy One Cents per LF 101 1000 06666041 REFL PAV MRK TY I(W)12"(SLD)(090M1L) 451 LF $ 2.26 $ 1,019.26 at Two Dollars and Twenty Six Cents per LF REFL PAV MRK TY I(W)24"(SLD)(O9OMIL) 102 1000 06666047 379 LF $ 4.52 $ 1,713.08 at Four Dollars and Fifty Two Cents per LF REFL PAV MRK TY I(W)(UTURN ARW)(100MIL) 103 1000 06666063 50 EA $ 195.00 $ 9,750.00 at One Hundred Ninety Five Dollars and Zero Cents per EA REFL PAV MRK TY I(W)(SYMBOL)(090MIL) 104 1000 06666095 48 EA $ 175.00 $ 8,400.00 at One Hundred Seventy Five Dollars and Zero Cents per EA REF PAV MRK TY I(V)18"(YLD TRI)(090MIL) 105 1000 06666098 108 EA $ 79.00 $ 8,532.00 at Seventy Nine Dollars and Zero Cents per EA REFL PAV MRK TY I(Y)12"(SLD)(090MlL) 106 1000 06666140 37832 LF $ 0.39 $ 14,754.48 at Zero Dollars and Thirty Nine Cents per LF 107 1000 06666167 REFL PAV MRK TY 11(W)4"(BRK) 9235 LF $ 0.16 $ 1,477.60 at Zero Dollars and Sixteen Cents per LF 108 1000 06666170 REEL PAV MRK TY II(W)4"(SLD) 36830 LF $ 0.16 $ 5,892.80 at Zero Dollars and Sixteen Cents per LF 109 1000 06666176 REFL PAV MRK TY II(W)8"(DOT) 44 LF $ 0.42 $ 18.48 at Zero Dollars and Forty Two Cents per LF REFL PAV MRK TY II(W)8"(SLD) 110 1000 06666178 12075 LF $ 0.42 $ 5,071.50 at Zero Dollars and Forty Two Cents per LF 'Refer to the Technical Specifications section for a description of the specific reference number. Page 10 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC WITH UNIT PRICES IN WORDS QUANTITY MEASURE REFL PAV MRK TY II(W)12"(SLD) 111 1000 06666180 451 LF $ 1.28 $ 577.28 at One Dollars and Twenty Eight Cents per LF 112 1000 06666182 REFL PAV MRK TY 11(W)24"(SLD) 379 LF $ 2.55 $ 966.45 at Two Dollars and Fifty Five Cents per LF REFL PAV MRK TY II(VV)(ARROW) 113 1000 06666184 50 EA $ 79.00 $ 3,950.00 at Seventy Nine Dollars and Zero Cents per EA 114 1000 06666192 REFL PAV MRK TY II(W)(WORD) 48 EA $ 90.00 $ 4,320.00 at Ninety Dollars and Zero Cents per EA 115 1000 06666198 REFL PAV MRK TY II(W)18"(YLD TRI) 108 EA $ 27.00 $ 2,916.00 at Twenty Seven Dollars and Zero Cents per EA REFL PAV MRK TY II(Y)4"(SLD) 116 1000 06666207 37832 LF $ 0.16 $ 6,053.12 at Zero Dollars and Sixteen Cents per LF REFL PAV MRKR TY I-C 117 1000 06726007 440 EA $ 3.31 $ 1,456.40 at Three Dollars and Thirty One Cents per EA REFL PAV MRKR TY Il-A-A 118 1000 06726009 295 EA $ 3.25 $ 958.75 at Three Dollars and Twenty Five Cents per EA REFL PAV MRKR TY II-C-R 119 1000 06726010 635 EA $ 3.25 $ 2,063.75 at Three Dollars and Twenty Five Cents per EA ELIM EXT PAV MRK&MRKS(4") 120 1000 06776001 9292 LF $ 0.60 $ 5,575.20 at Zero Dollars and Sim Cents per LF ELIM EXT PAV MRK&MRKS(8") 121 1000 06776003 825 LF $ 1.20 $ 990.00 at One Dollars and Twenty Cents per LF 1Refer to the Technical Specifications section for a description of the specific reference number. Page 11 of 15 BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE ELIM EXT PAV MRK&MRKS(12") 122 1000 06776005 341 LF $ 4.00 $ 1,364.00 at Four Dollars and Zero Cents per LF ELIM EXT PAV MRK&MRKS(24") 123 1000 06776007 60 LF $ 7.00 $ 420.00 at Seven Dollars and Zero Cents per LF ELIM EXT PAV MRK&MRKS(ARROW) 124 1000 06776008 3 EA $ 128.00 $ 384.00 at One Hundred Twenty Eight Dollars and Zero Cents per EA ELIM EXT PAV MRK&MRKS(WORD) 125 1000 06776012 3 EA $ 130.00 $ 390.00 at One Hundred Thirty Dollars and Zero Cents per EA INSTALL HWY TRF SIG(ISOLATED) 126 1000 06806002 2 EA $ 7,800.00 $ 15,600.00 at Seven Thousand Eight Hundred Dollars and Zero Cents per EA 127 1000 06816001 TEMP TRAF SIGNALS 1 EA $ 15,700.00 $ 15,700.00 at Fifteen Thousand Seven Hundred Dollars and Zero Cents per EA VEH SIG SEC(12")LED(GRN) 128 1000 06826001 16 EA $ 260.00 $ 4,160.00 at Two Hundred Sixty Dollars and Zero Cents per EA VEH SIG SEC(12")LED(GRN ARW) 129 1000 06826002 6 EA $ 205.00 $ 1,230.00 at Two Hundred Five Dollars and Zero Cents per EA VEH SIG SEC(12")LED(YEL) 130 1000 06826003 16 EA $ 263.00 $ 4,208.00 at Two Hundred Sixty Three Dollars and Zero Cents per EA VEH SIG SEC(12")LED(YELARW) 131 1000 06826004 6 EA $ 205.00 $ 1,230.00 at Two Hundred Five Dollars and Zero Cents per EA .. VEH SIG SEC(12")LED(RED) 132 1000 06826005 16 EA $ 260.00 $ 4,160.00 at Two Hundred Sixty Dollars and Zero Cents per EA 'Refer to the Technical Specifications section for a description of the specific reference number. Page 12 of 15 , c BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE 133 1000 06826006 VEH SIG SEC(12")LED(RED ARW) 6 EA $ 200.00 $ 1,200.00 at Two Hundred Dollars and Zero Cents per EA PED SIG SEC(LED)(COUNTDOWN) 134 1000 06826018 2 EA $ 450.00 $ 900.00 at Four Hundred Fifty Dollars and Zero Cents per EA BACK PLATE(12")(3 SEC) 135 1000 06826023 22 EA $ 158.00 $ 3,476.00 at One Hundred Fifty Eight Dollars and Zero Cents per EA TRF SIG CBL(TY A)(12 AWG)(3 CONDR) 136 1000 06846008 840 LF $ 1.58 $ 1,327.20 at One Dollars and Fifty Eight Cents per LF TRF SIG CBL(TY A)(14 AWG)(4 CONDR) 137 1000 06846030 431 LF $ 1.68 $ 724.08 at One Dollars and Sixty Eight Cents per LF TRF SIG CBL(TY A)(14 AWG)(5 CONDR) 138 1000 06846031 885 LF $ 1.79 $ 1,584.15 at One Dollars and Seventy Nine Cents per LF TRF SIG CBL(TY A)(14 AWG)(7 CONDR) 139 1000 06846033 907 LF $ 2.10 $ 1,904.70 at Two Dollars and Ten Cents per LF TRF SIG CBL(TY A)(14 AWG)(20 CONDR) 140 1000 06846046 1437 LF $ 3.15 $ 4,526.55 at Three Dollars and Fifteen Cents per LF TRF SIG CBL(TY A)(16 AWG)(3 CONDR) 141 1000 06846049 1674 LF $ 0.11 $ 184.14 at Zero Dollars and Eleven Cents per LF 142 1000 06846081 TRF SIG CBL(TY C)(16 AWG)(2 CONDR) 889 LF $ 1.70 $ 1,511.30 at One Dollars and Seventy Cents per LF 143 1000 06866052 INS TRF SIG PL AM(S)1 ARM(48')LUM&ILSN 1 EA $ 15,000.00 $ 15,000.00 at Fifteen Thousand Dollars and Zero Cents per EA 1Refer to the Technical Specifications section for a description of the specific reference number. Page 13 of 15 • BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC WITH UNIT PRICES IN WORDS QUANTITY MEASURE 144 1000 06866064 DNS TRF SIG PL AM(S)1 ARM(60')LUM&ILSN 2 EA $ 25,000.00 $ 50,000.00 at Twenty Five Thousand Dollars and Zero Cents per EA PED POLE ASSEMBLY 145 1000 06876001 2 EA $ 2,940.00 $ 5,880.00 at Two Thousand Nine Hundred Forty Dollars and Zero Cents per EA 146 1000 06876003 RELOCATE PED POLE ASSEMBLY 4 EA $ 2,205.00 $ 8,820.00 at Two Thousand Two Hundred Five Dollars and Zero Cents per EA PED DETECT PUSH BUTTON(APS) 147 1000 06886001 2 EA $ 714.00 $ 1,428.00 at Seven Hundred Fourteen Dollars and Zero Cents per EA DITCH CLEAN/RESHAPING(CU YD IN VEHICLE) 148 1000 07606003 5009 CY $ 9.00 $ 45,081.00 at Nine Dollars and Zero Cents per CY D-GR HMA TY-B PG64-22 149 1000 30766001 23683 TON $ 65.00 $ 1,539,387.87 at Sixty Five Dollars and Zero Cents per TON D-GR HMA TY-D PG76-22 150 1000 30766048 24957 TON $ 75.00 $ 1,871,754.96 at Seventy Five Dollars and Zero Cents per TON GEOGRID BASE REINFORCEMENT(TY I) 151 1000 50016001 105919 SY $ 1.50 $ 158,878.50 at One Dollars and Fifty Cents per SY VIVDS COMMUNICATION CABLE(COAXIAL) 152 1000 60026005 1674 LF $ 4.25 $ 7,114.50 at Four Dollars and Twenty Five Cents per LF RADAR PRESENCE DETECTOR COMM CABLE 153 1000 60256002 784 LF $ 3.15 $ 2,469.60 at Three Dollars and Fifteen Cents per LF 154 1000 60906003 ILSN(LED)(6S) 2 EA $ 2,500.00 $ 5,000.00 at Two Thousand Five Hundred Dollars and Zero Cents per EA 1Refer to the Technical Specifications section for a description of the specific reference number. Page 14 of 15 , , BID FORM SCHEDULE OF RATES AND PRICES WILLIAMSON COUNTY,TEXAS PROJECT: 0914-05-193 UNIVERSITY BOULEVARD EXPANSION Full compensation for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract will be considered as included in the unit prices for the work set forth below,and no separate payment will be made for compliance with each and every provision of the Request for Bids,the Bid,the Specifications,and the Contract,unless separate payment is expressly provided for therein. BID CORR TXDOT DESCRIPTION BID UNIT UNIT COST AMOUNT BID ITEM SPEC SPEC' WITH UNIT PRICES IN WORDS QUANTITY MEASURE 155 1000 60906004 ILSN(LED)(8S) 3 EA $ 2,800.00 $ 8,400.00 at Two Thousand Eight Hundred Dollars and Zero Cents per EA 156 1000 61856002 TMA(STATIONARY) 200 DAY $ 100.00 $ 20,000.00 at One Hundred Dollars and Zero Cents per DAY OPTICOM CABLE-GTT MODEL 138 157 1000 314 LF $ 5.25 $ 1,648.50 at Five Dollars and Twenty Five Cents per LF 0.00 158 1000 0 0 0 $ - at Dollars and Cents per ' " 0.00 159 1000 0 0 0 $ - at Dollars and Cents per 0.00 160 1000 0 0 0 $ - at Dollars and Cents per 0.00 161 1000 0 0 0 $ - at Dollars and Cents per 0.00 162 1000 0 0 0 $ at Dollars and Cents per 0.00 163 1000 0 0 0 $ - at Zero Dollars and Zero Cents per TOTAL AMOUNT OF BID Eleven Million One Hundred Four Thousand Eight Hundred Ninety Dollars and Forty Nine Cents $ 11,104,890.49 'Refer to the Technical Specifications section for a description of the specific reference number. Page 15 of 15 TOTAL BASE BID (Items 1 thru 161 11, 10 Z90•49 N�at��riMaterials:ls: 2 9 72 000.00 � All Other Charges: g, 132, 890.4'1 * Total: $U, iO4, 8'1D-H`t * Note: This total must be the same amount as shown above for "Total Base Bid" It this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, S. e 5811 Trade Center Drive, Bldg 1 Martin Poduska Austin, Texas 78744 Print Name Address Chief Estimator 512-322-4000 Title Telephone J.D. Abrams, L.P. Name of Firm December 2, 2020 Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 1 of 1 Bid Form .; BID PORM PROJECT NAME: University Boulevard--FM 1460 east to SH 130 PROJECT LOCATION: Round Rock,Williamson County, Texas OWNER: City of Round Rock, Texas DATE: November 20, 2020 Gentlemen; Pursuant to the foregoing Notice to Bidders and Instructions to Bidders,the undersigned bidder hereby proposes Co do all the Work,to furnish all necessary superintendence, labor, machinery, equipment,tools,materials, insurance and miscellaneous items,to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown an the plan for the construction of University Boulevard-FM 1460 to SH 13Q and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated,for the following prices,to wit: 9 Bidder acknowledges receipt of the following Addenda(provide number and date seared) 'r. Addendum No. 1 Addendum date: November 19,2020 11 Addendum Na. 2 Addendum date: November 24,2020 l Addendum No. 3 Addendum date: % November 30,2020 1.11 } z City of Round Rock, Texas University Boulevard Expansion ADDENDUM #1 To: All Bidders Date: November 19, 2020 From: Gerald Lankes, P.E. Email: glankessig-eng.com Project: University Boulevard Expansion from FM 1460 east to SH 130 Subject: Addendum No. 1 The following is a list of changes made to the plans and specifications. The changes are outlined by item number, as well as section number. The construction plans, specifications and contract documents for university Blvd Expansion in Round Rock, Texas on which bids are scheduled to be received until 2:00 pm on Wednesday December 2, 2020 are hereby modified: CONTRACT DOCUMENTS Project Manual, Section 00200 PLANS, DETAILS, AND NOTES: ITEM 1. Construction Manual - LD's sheet 85 have been updated to $750 & Bid Item updates ITEM 2. Plan Set—Sheet 4 Has been replaced. Multiple updates to the E&Q sheet ITEM 3. Plan Set -Sheets 12 & 13 Have been replaced. Added note regarding Tack Coat. ITEM 4. Plan Set—Sheets 16-18B have been replaced. Various bid items were updated or removed ITEM 5. Plan Set—Sheet 38 Has been replaced. Added typical section for detour ITEM 6. Plan Set - Sheet 67 Has been replaced. Added information on colored textured concrete ITEM 7. Bid Form will be posted in electronic (.xlsx) format on CivCast Attachments: See CivCast for updated documents • General Notes, Plan Set, Bid Form, Cross Section Cadd file for Addendum No. 1 Bidders shall acknowledge receipt of this Addendum No. 1 in the space provided on the Bid For and th envelope of each sealed bid. OF 7.4%1 Gerald Lankes, P.E. �' .'i �••�s� Date: 11/19/2020 Seiler Lankes Group, PLC �f **I 345 Cypress Creek Rd, Ste 101 /................ ;..... Cedar Park,TX 786133'; 107484 'j ,r 5 i Ar ,s,;* 'J /l D lam/ a-lfj t e ./ City of Round Rock, Texas University Boulevard Expansion ADDENDUM #2 To: All Bidders Date: November 24, 2020 From: Gerald Lankes, P.E. Email: glankesslg-eng.com Project: University Boulevard Expansion from FM 1460 east to SH 130 Subject: Addendum No. 2 The following is a list of changes made to the plans and specifications. The changes are outlined by item number, as well as section number. The construction plans, specifications and contract documents for university Blvd Expansion in Round Rock, Texas on which bids are scheduled to be received until 2:00 pm on Wednesday December 2, 2020 are hereby modified: CONTRACT DOCUMENTS Project Manual, Section 00200 PLANS, DETAILS, AND NOTES: ITEM 1. Construction Manual— Bid Items Attachments: See CivCast for updated documents • Bid Form, file for Addendum No. 2 Bidders shall acknowledge receipt of this Addendum No. 2 in the space provided on the Bid Form and on the envelope of each sealed bid. Gerald Lankes, P.E. r% • ....&'1i Date: 11/24/2020 Seiler Lankes Group, LLC c°,.• (,,� :� * 345 Cypress Creek Rd,Ste 101 � * /� ...... Yp �* • � Cedar Park,TX 78613 C,EF�A� .............•.• ,..1i gyp;1 �,�r .r. City of Round Rock, Texas University Boulevard Expansion ADDENDUM #3 To: All Bidders Date: November 30, 2020 From: Gerald Lankes, RE. Email: glankesAsig-eng.com Project: University Boulevard Expansion from FM 1460 east to SH 130 Subject: Addendum No. 3 The following is a list of changes made to the plans and specifications. The changes are outlined by item number, as well as section number. The construction plans, specifications and contract documents for university Blvd Expansion in Round Rock, Texas on which bids are scheduled to be received until 2:00 pm on Wednesday December 2, 2020 are hereby modified: CONTRACT DOCUMENTS Project Manual, Section 00200 PLANS, DETAILS, AND NOTES: ITEM 1. Construction Manual— Bid Items ITEM 2. E&Q Sheet, Sheet 18B Signal Summaries, Traffic Signal Sheets 199, 204, 209 Attachments: See CivCast for updated documents • Excel Bid Form file for Addendum No. 3, Please note Changes include addition of items 416- 6032, 416-6034 and quantity changes for bid items 686-6052 and 686-6064. Bidders shall acknowledge receipt of this Addendum No. 3 in the space provided on the Bid Form and on the envelope of each sealed bid. Gerald Lankes,P.E. 1 Date.• 11/30/2020 011%V"...••••• 4:9 Seiler Lankes Group, LLC Ar oV ,j 345 Cypress Creek Rd,Ste 101 S \ %**## Cedar Park,TX 78613 p GERALD A. LANKES ...... ...—74 V-3)% 107484 :41;0, Sti<ks,.`=1.Cotig..4NSS,„?';-'7 / 411° _A/c,/e/toto/e01,e0/ ":9PC/5/t-i•f' } } } } } {{1 { } 1 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE } } } } } } } } } } } } Page • � Experience Statement Qf Badder s Safe82O14 � 00410 00090654 } } } Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Com an Name: J. D. Abrams, L. P. p Y 5811 Trade center Drive, Bldg. 1 Austin, Texas 7844 Phone: (512) 322-4000 Address: Y Coen leted b Martin Poduska Date: 12/02/2020 P 1. Does the company have a written construction Safety program? ®Yes 0 No 2. Does the company conduct construction safety inspections? Yes ❑No 3. Does the company have an active construction safety-training program? ®Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past Dyes 0 No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, EYes ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. - copies attached 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ElYcs DNo ON/A B. Excavation [l Yes ONo ON/A C. Cranes Yes ONo ON/A D. Electrical ®Yes ONo ❑N/A E. Fall Protection ®Yes ONo ❑N/A F. Confined Spaces E1Yes ONo ON/A I hereby certify that the a ve information is true and correct. Signature Title Chief Estimator Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 . . • OSHA's Form 300A Summary of Work-Related Injuries I.S.Department of Labor Occupational Safety and Health Administration :,v:�S'-.O.T«rLM«,e,.. .. -:.: w ,w.,..,,w..a:wN•: :,....Y:..w:�w:•::•r..r .•w.w ++ rd,x71rNMKOtM!!v1!mv.-�r•T.tM9 ,-. . .I,• Y:,T.,= :<._mT.w -,•?=l�rw7vi.rwtf.w�/«-w sw•r`�..•a rr.-•-.,r..a.- .1•.••.••-;•..a,,,,.=� �r .vwT,_e,wR!v �w�-v�, � � . .T�l7„.,wvlw !�m4MiLiN-R!i+•p-►1 4,:«•�L �?�i,sr,wv w+wvw��Lr w,,,,wN„,,iw!.!M„:„ Form approved ON'S no 1218�w0176 All establishments covered by fart 19a4 must complete this Summary page,even if no injuries or illnesses occurred during the year.Remember to review the Log to vent,That the entries are complete -- - ---- ---- • Using the Log,count the individual entries you made for each category. Then write the totals below, Establishment information . making sure you've added the entries from every page of the log.If you had no cases write"0.' Employees former employees,and their representatives have the right to review the OSHA Form 300 in Your establishment name JD ABRAM S LP ifs entirety. They also have limited access to the OSHA Form So f or its equivalent;See 29 CF�4 ---_____________ 1904,35,in O SHA's Recordkeeping rule,for further details on the access provisions for these forms. Street 5811 TRADE C E NTTE R BLVD BLDG I ... i•:l•,;.7 7 33:•i:i::.:.•:,./2:•2•,:.::t S::i':•'t.i.t i::.i:..'..i:+i::.:.../.�.:i.i:::":..�.1:« ;�7.:•:M; 's::+♦c:'.:rr�w. I ..:.�%:,++,•O.�.;••r♦•«•,+y;r r•�nl•1T:..:;:�Z.;:.::.;--Y - .' City ___ State TEXAS Mww.irr --� wSt.�iw ��� ..iw..w.: ►-.i..�1 �..:� - - -- ---.ir�►•+�.++� �w w,,..••2wrn•ewe�wN w �wnww:ti nr :w:•�. 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Employment information :,.•:i•i�•I:I•=irit.2 I:„i+,.:,i.t:/!:!.:ifI:.<i:I .:.: 1..//It.1':«: ./N♦i Nt l»y r l Ng:'•N+1;•I•::+'/_''•." jfg N♦ t ♦ Ci:.: !.....•<•i: { 5.:•:�'j::::. ;•-2::,.:..:::G t•..•i::,•,, :+_2♦ •it tti iI�/•g y..ii:•r y:w:i♦,.•i:.L.:i„i.:.:.... .L� '<::::c...:+,.,y..:t:,♦ :♦«;rj.p.I.:7•.I•. Y.'4:<�/L•.•.,.:.,,...S:2•e ivvrii'iI . , Total number of Total number of days of days away from job transfer or restriction Annual average employees e number b er of a rrt I o ees 92 - _ wnrk , 1 Total hours worked by all employees last 0 74 year 399 093 (K) (L) 4�.�aww .,,7,K�1�;��•..�~��;a .•�v•. .:.•• w ..'S S:. ./.•a i as..��.�a. •;�•�!S ;!'•!�!+�M�•y+��1rMOw�i!�sl►►w►t<.+���..�AI<►wA. • .lei�� :.�ndti!•eds"�"•� .es .. «:i .. i••.i�: .< .%i• . ..�w' •. L�.�t 5. Y..Y��Arrv,�r•++�rr�ri�f•i�: v�:���r►:Tl.�•Ywv/.wn••i����a ♦N+y+rr•i':w i:i?ww�ga9wigg-.A .��Y.,:iffig Sign here �. Total number of... Knowingly falsifying this document may result in a fine. (M) (1) injury 11 (4) Poisoning 0 ..._________________ _ __ (2) Skin Disorder 5 (6) Heating Loss 0 ____,.. (3) Respiratory . I certify that 1 have examined this do cu me nt a n d that to the best of my knowledge the entries are true,accurate,a n d complete• CofldTtiOfl o (6)All Other Illnesses •0 I— U ...1") ,....... ...„ • _,LL___ ,.y,,ry -" �,�,�:�1.-fly executive Title .... d 9000__ Post this Summary page from February I to AprU 3 0 of the year following the year covered by the form -18 __�__ _��__ ,.,phone -. Date, • Public reporting burden for this collection of information is estimated to average 5B minutes per response,including time to review the instruction,search and _ gaper the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number,If you have any comments about these estimates or any aspects of this data collection,contact US Department of Labor,OSHA Oft fire of Statistics,Room 144E44,200 Constitution Ave,NW,Washington,DC20210.Do not send the completed forms to this office. a. [, �. ♦-.�•. .!�^a• \^ 1 •>'•\- <• •.I.7 is� /I^�a• < -•)•'^�i.•T^♦.'.,��_�•., � r), •.a'a•I al,�I•' •if �7` 4 f � '•I ate•'a' 1•�• . t. � i ♦:� \•''Y" `> .t; .�.. r•.•?.� •> �. .� ,...�... �,.t�7 1. •1.1 Y � �'Lr �1 `S+ L >r r Z a \ ti: .;•.�....\' - ♦•:..�-• •r -�-�•..• '..�'•- ._4'�F.Y•'�._.. � -� i'G 2� S•t�•. �1 f < `� �r�t•ti'?-�r.-r'�Ff-� y..a ( '•�. .�. 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'_+4••-a.-`�a��T.']`._J�. � �•..�l..a'\.Lj. ,`•�� •1 r���Y�2 Y i.j•1a( �{�'J'a a`a tL\'t�l\.rtil"r}...�•'.���.��1.ti '•''-�t !_a `���.-��t�v1�-1:7��1t:t-.�L�..�..� f OSHAvs Form 300A Year 2018 Summary of Work R I urges and IIIres sus U.S. Department of Labor Occupational Safety and Health Administration ,.. ,w..wz....w:bx+w...+.,eiVY',..;........G'.::.Ww..�y8. ,... .. ........ .... ...,.w..-___y„�,,,,,,�,...«...�.....«,...... nwdw .w..«....wr ervw.rr.«.n.✓uw+r. .nw..«..r.e-....�..«.....�...�.........w.••�x•w.............:r....n-.•+.w.w.r.«ww.»«...�n.;xxw.x.:.�xx.r.+4wr. .. .i:'✓',µ'.,: +Kn s'v e All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during Form approved OittB no.1218-0176 the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the log. if you had no cases write"0." Establishment information Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for Your establishment name JD ABRAMS,LP further details on the access provisions for these forms. Street 5811 Trade Center Blvd Bldg 1 Number of Cases Total number of deaths Total number of cases Total number of cases with job Total number of other City Austin State TX Zip 78744 with days away from transfer or restriction recordable cases industry description(e.g.,Manufacture of motor truck trailers) work Highway,Street,and Bridge Construction 0 2 10 3 (G) (H) (I) (J) North American Industrial Classification(NAICS),if known(e.g.,36212) Number of Days 2 3 7 3 1 a Total number of days Total number of days of job away from work transfer or restriction Employment information Annual average number of employees 178 69 186 Total hours worked by all employees last year 674,397 (K) (L) Injury and Illness Types Sign here Knowingly falsifying this document may result in a fine. Total number of... (M) I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and complete. (1) Injury 14 (4) Poisoning 0 (2) Skin Disorder 1 (5) Hearing loss 0 (3) Respiratory 0 i-- Condition (6) All other illnesses Q ?tZu t 4'U Corm any ex utive Title Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this collection of information is estimated to average 50 minutes per response,including time to review the instruction,search and gather the data needed,and c 1Z..3z7 Uitr` '-2- l tct complete and review the collection of inforrnation. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have anyG� 11Lf comments about these estimates or any aspects of this data collection,contact: US Department of Labor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington, Phone Da#e DC 20210. Do not send the completed forms to this office. OSHA's Form 300A (:). Year 2019 Summary of Work Related Injuries and Illnesses U.S.Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page,even if no injuries or illnesses occurred during Form approved OMB no.1216-0176 the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log,count the individual entries you made for each category. Then write the totals below,making sure you've added the entries from every page of the log. If you had no cases write"0." Establishment information Employees,former employees,and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35,in OSHA's Recordkeeping rule,for Your establishment name JD ABRAMS LP further details on the access provisions for these forms. --- Street 5811 TRADE CENTER DR BLDG 1 Number of Cases Total number of deaths Total number of cases Total number of cases with job Total number of other City AUSTIN State TX Zip 78744 with days away from transfer or restriction recordable cases Industry description(e.g.,Manufacture of motor truck trailers) work HIGHWAY CONTRACTOR 0 2 11 6 , (G) (H) (I) (J) North American Industrial Classification(NAICS),if known(e.g.,36212) Number of Days-: :::. :::: :.:-:::: ;;: 3 ......::........ :......... ...:.......:........ .............. .....: ................ Total number of days Total number of days of job away from work transfer or restriction Employment information 92 606 Annual average number of employees 465 Total hours worked by all employees last year 1,014,134 (K) (L) ... :.:.. .......... .. ... eIn ury;and IIlness Types :'::::::... ::" : here Knowingly fal sifying this document may r sult in a fine. Total number of... (M) I certify that I have examined this document and that to the best of my knowledge the entries are true,accurate,and complete. (1) Injury 19 (4) Poisoning 0 t (2) Skin Disorder 0 (5) Hearing loss 0 (3) Respiratory 0 Condition '- - "�...... �"� .,- (6) All other illnesses 0 �-J' ,,,,,____SgFhpany executive Title Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this collection of information is estimated to average 50 minutes per response,including lime to review the Instruction,search and gather the data needed,and complete and review the collection of information.Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.If you have any , t `�t �0 comments about these estimates or any aspects of this data collection,contact: US Department of Labor,OSHA Office of Statistics,Room N-3644,200 Constitution Ave,NW,Washington, Phone Date DC 20210, Do not send the completed forms to this office. ruumra snuv.Wp, .�da�a�wNP•sv+� y.w�Nwa� �Iwa�>Tt 6�6�rpf'p'fp WVNNN�M1 9J6N4''t'r'r'r i•i'auuk� �dnV3,wrvas,7,sy, qll•f f�l'f'i'i••Irjp1"„y„ys. .�1 flan V/o+N N W ry�xi i5A r���hS�nu�r•rn . Yqy� �ymiaiNNyg�. •aNVw' �wre,arr�uNyxw.mS. ,�•vvvvssNa 00500 AGREEMENT - , 'i S f'1"1'f11NN�y - Nypwpyv�WA]N .gI°Svl'Aa1.�NHn•N�„fr. fP'Vvf'sP'NNP��h tNkv�1N ' City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of theI'%1We/'tl1711'day of 41 in the year 20 24. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor J.D.Abrams,L.P ("Contractor") 5811 Trade Center Drive,Bldg 1 Austin,TX 78744 The Project is described as: University Boulevard Expansion-For the construction of the earthwork,grading,drainage structures,base course, asphaltic concrete pavement,signals and signing and pavement markings The Engineer is: Seiler Lankes Group,LLC 345 Cypress Creek Rd,Suite 101 Cedar Park,Texas 78613 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 2.Dz.iDo9 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than Five hundred sixty (560 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Five hundred sixty ( 560 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of Seven hundred and fifty dollars and No/100 Dollars($ 750.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Five hundred sixty 560 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Eleven million,one hundred four thousand,eight hundred ninety dollars and forty eight cents ($ 11,104,890.48 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .Ifyes,please provide details below: 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated September 2020 7.1.4 The Specifications are those contained in the Project Manual dated September 2020 7.1.5 The Drawings,if any,are those contained in the Project Manual dated September 2020 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated September 2020 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated September 2020 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Afrn ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Dawn Scheel,PE City of Round Rock 3400 Sunrise Road Round Rock,Texas 78665 8.3 Contractor's representative is: Jake Woehr-Project manager jwoehr@jdabrams.com 512-922-3176 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY O 'OUND ROCK, EXAS J.D . ABRAMS , LP Printed N:me: M���%� / Printed Name: Alfonso Fernandez Title MCtji ' Title: President �2, i� . aoDate Signed. Date Slaned. F- 7 I ATTEST:giff0/44.Vj City Clerk FOR C Y. APPROVED • S TO FORM: I I rip/—' ri I, k I I -t £tto '-y 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 d.cU�•a�w+vsw�w� H§�svvn,w w,a<,�y e�M1fR„kuNN"�rh� oure"r�uaNW µw^NNWr NWovyrp�. .q$'gpa�a•,urW,yrt.fll NW�ns]0 1 1'f S'f'��ply� y'rvHHN"t'i f� c ,Ns��e vFli� ry�p..n N mwimg...'Trt e•e•Ap. �¢'Vkwe d•aF•r,i• . aakr�1Grap{{� .a�jaw�Nu���>NNsrarg�y • �¢VHa1a1HNr au `a>svaaw� BOND NOS 30110391/022223519 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That J.D. Abrams, L.P. of the City of Austin County of Travis and State of Texas as Principal, and Continental Insurance Company p Liberty Mutual Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Eleven million, one hundred four thousand, eight hundred and ninety dollars & forty eight cents Dollars ($ 11,104,890.48 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Pri cipal has entered into a certain written Agreement with the Owner dated the --� - day of e,y. , 20 21 to which the Agreement is hereby referred to and made a part hereof as ully and to the same extent as if copied at length herein consisting of: University Boulevard Expansion Project (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 Performance Bond 00090656 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of January , 20 21 • Continental Insurance Company J. D.Abrams.LP Liberty Mutual Insurance Company Principal Surety if tram o Felfrerleirt4 t Barbara A.Shamard Printed Name Printed Na By: By: Title: j7v'-t ; i.c.r 1- Title: Atto ney-In-Fact Address: 5811 Trade Center Drive, Bldg 1 Address: 151 NlvFranklin St. Chicago. IL 60606 Austin,TX 78744 8350 N Central Exp, Ste 850, Dallas,TX 75206 Resident A le► : Surety: iiii Signature Barbara A.Sh. and Printed Name 3500 E Palm Valley Blvd,Suite 3 Street Address Round Rock,TX 78665 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 BOND NOS 30110391/022223519 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That J.D. Abrams , of the City of Austin , County of Continental Insurance Company Travis , and State of Texas as Principal, and Liberty Mutual Insurance authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held Company and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Eleven million, one hundred four thousand, eight hundred ninety dollars & forty eight Dollars ($ 11,104,890.48 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the day o , 20 21 , to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: University Boulevard Expansion Project (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 7-2009 Paymcnt Bond 00090656 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 21st day of January , 20 21 Continental Insurance Company J. D.Abrams, LP Liberty Mutual Insurance Company Principal A r, Surety 0115O F:G ire 4 r le.Z Barbara A. Shamard Printed Name Printed Nam g--6- By: By: Title: Pifte I 2(e ti Title: Attor y-In-Fact Address: 5811 Trade Center Drive, Bldg 1 Address: 151 N ranklin St,Chicago, IL 60606 Austin,TX 78744 8350 N entral Exp,Ste 850, Dallas,TX 75206 Resident f Surety: Signature Barbara A. Sha and Printed Name 3500 E Palm Valley Blvd, Suite 3 Street Address Round Rock,TX 78665 Page 2 00620 7-2009 Payment Bond 00090656 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Peter Pincoffs,John S Burns Jr,Chris Brandt,Barbara A.Shamard,Individually of Austin,TX,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of June,2020. .% 4 The Continental Insurance Company •4 P f� « • � w :g """..? nt i/w � 1 Oi *I 0 i :s,v ems /bAtai lIr �r 74?:Z se•.es r oo... Paul T. Bruflat ice President State of South Dakota,County of Minnehaha,ss: On this 5th day of June,2020,before me personally came Paul T. Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. Jii !ci C):7)9AllA My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 21st day of January,2021. t41- The Continental Insurance Company •P A. • • fLII1ZS • %.....M....- D. Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012. "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively, "Electronic Signatures"),Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent, Wortham Insurance at: 512-453-0031 You may call CNA Surety Company's toll-free telephone number for information or to make a complaint at: 1-800-331-6053 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write to the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 PREMIUM AND CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become part or condition of the attached document. .. , This Pouter afAttorney n►,;is n,eact dthose s namedherein, � a�and no to!`r bind the Carrpery eooept in the rterner and to the aderk herein stated ‘‘. . Liberty Liberty Mutual Insurance Company r**k Mutual.. The Ohio Casualty Insurance Company CertffkBteNo: 8203822-976136 West American Insurance Company SURETY POWER OF ATTORNEY IQ MI PBONS BY PSB'1TS:That The CIio Cty Inaraice Ccnrry is a corporation thy organmea uxfer the laAs of the stye of Mew - Tpthr that UbertyMti InsaiceQn isaccrporacndidycrriz1 under the lams d theofand Wast Arteri=Irsranne Company is a corporation diY orgariaeci Ada the lass d the State of Indiana(herein collectively called the"Gbrrpenied).puraialtoand byañtyhernforth,does heretyrwie,constitute and appoird, Chris Brandt,Rob Bridges,John S.Burns,Jr.,Peter Pincoffs,Barbara A.Shamard,George S.Sykes,Jr. all of the City d Austin dated TX eat indhd be more than one Hared,its true and'avid altartey-in-fad to rrelce, eaeake,seal,adviowfedge and deliver,foraidon its behf as suety aditsaaiddd,any and all uiderfaldngs,bands,reaogimnoes and other suretyyotf. or inpiraiaixe of these pets and shall be as brdng upon the Ccrrpares as if they have been dLJy sgred by the presdert and attested by the secretary of the Ccni in thr ann proper persons. INWT1€SSVWEJOF,tlis R Attcmjh been sbeaibed by an adhaiaed dhrrdfid d the Ccnpaesand the corporate seals of the Corrpaiies have been affixed ttrothis 2nd daycf June 2020 UbertyMtu Iroecorrpa'ry P%,\NSUg9 P�,TY INgV a\NSU/i+q The Cio Gatty lriraioe QrTpaiy ��oaP O1ev r�4 nm Uy,f?r�oa°O�4 T�ym �a�o�°W rQy p� Wast AIT1EiICd1 1n51f3r102 Q7fT�JB11y y g 1912 0 ui 0 0 1919 � g 1991 0 �J/� y .- 0 4 4. a � 0 a) ~d��sACHUg4 4+ �da it y-�hANPS�,aD 'es 4NDIAN�' ,era N j7 * 1 * M * � By: � a m Reid M Ca ,AaitSecray >+ co StatedP1SvtVPJsJLA c 7:3 p. � Qxa�ty d MONff(30WBtY� as c tz j Qiflls 2nd thyci June 2020 bcrerrepersorlyappeared( dM Carey,WioxjMeced himself to be the Assistant Secretay of liberty MituEd Inairaice_� °ii Ccrrpaiy,The CFo casualty Ccnaiy,aid V America,lnaiaioe Qnpaiy,and mat he,as such,berg anhaized so to do,eaeade the foregoing iniument ror the puposes Til Cl) ,Zij > Urncontned by befdthecorporationsffaduhjatheddticer.hal y E 46 76 _.o IN I haeherantosubscr1bed rty one and aGFoced rty notaial seal at lIng of Fuia„,...,,_,....,,,,,„,._ ,Frrsy1vaa,on the day and year first above vKiUen. E a tC0 N P A �M O� SPST ` 7,-.4-0,---N-vv----€-,,,,,,,,,,,,,,,,,, COMMONWEALTH OF PENNSYLVANIA Q 4 6 ��. le,;',,,��, Notarial Seal � O O J C o� OF Teresa Pastella,Notary Public rd,J1110) � �C� -' Upper Marion Twp.,Montgomery County By: E 6.-- � "� `vP4P My Commission Expires March 28,2021 Pla �� O (p 0)y q��4, Ylino Notay O•.Q Member,Pennsylvania Association of Notaries as 22 �4? This Rr of Attorney is made and executed pisart a to d by aW'iaity d the fdloMng By-laws aid Authorizations of The Co lrrraxsety e Ccrrny,Liberty Mutual�Oi �c Irrra,ceCcniy,and V\ Mñcan In e Company which resaktiors are no+v in fill force and effect rearing as ralo�us: o y � AI1CLEIV-OFACG :Seccn 12 RdercfMorry. :o w� Any officer or other dfiad of the Corporation auUnriaed far that purpose in v�ri6ng by the Chairman or the President,and ailed to such limitation as the Chairman or the'�a 72 8, rt may prescribe,shall appoirt such attorneys-in-fact,as may be necessary to act in behalf of theCcrporaUcn to rte.eaeaitee,seal,admowiede and dier as >sun* Nr 7>y any and all undertakings,bonds,reoogiz�rnes aid other surety�i9��Such��e11�+�fad,subject to the'irritations set forth in their respective popes d attorney,shall�oNo O� f1aYF3 11.11 pr to tind U Ccrparcn by tr 9�U�2 and ewtkn of a1�/SUCH irnrnnts and to�12d1 ttrero the 9E�of the Qxparaticn Wren so�4BQlt�,such E N z � instrunents shall be as bincing as if signed by the Resident and atested to by the Sacretay.any raw a authority wanted to ay remeertathe a dtomey-in-fact u,der the i=o psademaybereidcedataiytrebytheBoard,theChniar,the �c A' I1cLEXIII-E�afionofCContacts:Section 5.Suretyandely Bord d Undertkingso AnydficerdheCnyatharizedfa'tet purpose inwiling bythechrrrai or the presdent,and subject to such un crs as the chairman or the President nay prccnb I- shl appoint such aAtomeys-infad,as may be necessary to apt in beJf of the Ccnny to male,execute,seal,advianledge and deliver as suety ay and all undertakings, taxis,reoognizance;and other suety obligations Such attomeysirrfact subject to the linitations set forth in their repecUve Panes d atorney,shall have fill power to bind the Ccnry by thr sgEhne and e9aeauGon of any such inn.inents and to Mali thereto the seal of the Ccnrry.Men so sealed such irrurerits shall be as tinting as if spied by the president and attested by the secretary. Certificate d Desigiadon-The R-Esident d the Oorrpany,ac6n9 pir&ianttothe law theCcrrpaiy,aWhoriaes David M Carey,AsistatSecrEaytOXintsUch attaneysirr fact as may be necessary to ad on behalf of the Ccrrriyto make,execute,seal, lcmMecje and deliver as suety any and all undertakings,taxis,reoogi¢anoes and other aaelY obligations. Authorization-By urrirras consent d the Carpanys Board d Drectors,the Corrpany oasts that famirrile or mechanically reproduced sgrffiire d any assistant seaetay d the Qxrpaiy,Wiereierappeaing uponac opy d any pcA€rdattorrey issued bytheCcnnyincomecnvth suety bards,shall be valid and tirdrg upon the Carpary with the rrsnaly affoaed. I.Fre C.LIen,the undersigned,Assistant Seaway,The Ohio Cualty Inaraice QxTparTy,Uberty M1i Inairaice Ccnny,and Wast Areñcai Inaraic Cxxrpany do herebycerlifyUttheongnal parer of atom ch the foregoing is a fill,tnjeardcorreccopjcfthe RMerOfAliOmaJeewted by said Ccrrpae s in fill fcrceandfect aid hr1 been revoked INTES11MONYW-EIOF,I haverry Fund and affixed the seals of said Cortparies this 21st day of January 2021 Pv 1NSU,� P�tV IN3U �\NS(/R4 is oaaogyr o�c� ���µPo�T�y� VP oaror�yr y� � U r m W 45' t � By. `�' a 1912 0 o Z 1919� 0 6 1991 0 ��,ty.,. ),.. I. 0 4* 0,7 * ),, HPL 'S �DIAP �a FneeC.Uedlyn,As9sta1tSeaay Seattay . LMS-12873 LMIC OCIC WAIC Multi Co_12/19 - V •Li berty r•im Mutual.. Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED-Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE - TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.-Company Lookup. Note:Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE- CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance- (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE&EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website-www.tdi.state.tx.us-A2ent Lookup. DATE(MM/DD/YYY1) AD® CERTIFICATE OF LIABILITY INSURANCE 1/20/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ACIG Insurance Agency, Inc. NAME: 2600 N.Central Expy.Suite 800 JN0 ,Ext): 972-702-9004 FAX Richardson,TX 75u8u E-MAIL (A/C,No): 9726870601 ADDRESS: accountmanagersaacig.com INSURER(S)AFFORDING COVERAGE NAIC# www.acig.com INSURER A: American Contractors Ins.Co.RRG 12300 INSURED INSURER e: ACIG Insurance Company 19984 J.D.Abrams, L.P. 5811 Trade Center Drive Bldg. 1 INSURER C: Austin TX 78744 INSURER D: INSURER e: Berkley Assurance Company 39462 INSURER F COVERAGES CERTIFICATE NUMBER: 59791634 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A / COMMERCIALGENERALLIABILITY GL20A00001 6/1/2020 6/1/2021 EACH OCCURRENCE $10,000,000 A GL2OB0000I (GL Excess) 6/1/2020 6/1/2021 DAMAGE TO RENTED A CLAIMS-MADEPREMISES(Ea occurrence) $100,000 �/ OCCUR GL20000001 (GL Excess) 6/1/2020 6/1/2021 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY' ✓ E a LOC PRODUCTS-COMP/OP AGG s-io,000,000 OTHER: $ A AUTOMOBILE LIABILITY 1 • AL20000002 ° 6/1/2020 6/1/2021 INGLE LIMIT 5,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY . AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY ✓ STATUTE OTH- ER B ANYPROPRIETOR/PARTNER/EXECUTIVE YEN WCA000004520 6/1/2020 6/1/20216/1/2021E.L.EACH ACCIDENT $'I,000,OOO OFFICERIMEMBEREXCLUDEDT N N,A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Contractors Professional Pollution PCAB-5012523-0620 6/1/2020 6/1/2021 $10,000,000 each claim Liability $10,000,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Round Rock is named as additional insured with respect to all policies except WC/EL and PL. See Addendum for additional information. We have issued an industry-standard ACORD certificate of insurance for our customer.Texas state law(S.B.425)prohibits us from adding special wording to the certificate that would(1)alter,amend or extend coverage or terms&conditions provided by the insurance policy;or (2)provide false or misleading information concerning the insurance policy;or(3)refer to a legal or insurance requirement contained in a contract Where applicable endorsements are attached. CERTIFICATE HOLDER CANCELLATION STP 2021(278)MM I 0914-05-193 I University Blvd.Expansion SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Manager, City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664 AUTHORIZED REPRESENTATIVE /1) -e 47, � Michael J.O'Neill ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 59791634 ABRAMS 20/21 GL AL WC PL I Kristi Carlson 1/20/2021 5:59:03 PM (CST) Page 1 of 7 This certificate cancels and supersedes ALL previously issued certificates. AGENCY CUSTOMER ID: ABRAMS LOC#: r-, ACCORD' ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED J.D.Abrams,L.P. ACIG Insurance Agency,Inc. 5811 Trade Center Drive Bldg.1 POLICY NUMBER Austin TX 78744 GL20A00001 CARRIER NAIC CODE American Contractors Ins.Co.RRG 12300 EFFECTIVE DATE:6/1/2020 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: City Manager,City of Round Rock ADDRESS:221 E.Main Street Round Rock TX 78664 Per attached endorsements: The City of Round Rock is named as an additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability' . Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder. Professional/Pollution *Aggregate limit is total insurance available for all claims presented within the policy period for operations of insured. Limit will be reduced by payments of indemnity and/or expenses. General Liability Additional Insureds) is/are included when required by written contract & per attached endorsement. If contract requires primary non-contributory coverage see para D. If contract requires specific AI endorsements see para C. If contract requires ongoing & completed operations see para B.1. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 59791634 ABRAMS 20/21 GL AL WC PL I Kristi Carlson 1/20/2021 5:59:03 PM (CST) Page 2 of 7 This certificate cancels and supersedes ALL previously issued certificates. 933 ADDITIONAL INSURED -AUTOMATIC STATUS AS REQUIRED BY CONTRACT- BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed prior to the loss. A. Who is an Insured(Section II)is amended to include as an insured any person or organization shown in the above SCHEDULE (called additional insured),but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury" arising out of your premises or your operations for the additional insured,and only to the extent and for the minimum limits required in the written contract. B. The insurance provided to the additional insured is subject to the following limitations: 1. Unless required by written contract,this insurance does not apply to"bodily injury"or"property damage"occurring after "your work"for the additional insured has been completed or after that portion of"your work"out of which the"bodily injury" or"property damage"arises has been put to its intended use by any person or organization,whichever occurs first. 2. Unless specifically required by written contract,this insurance does not apply to"bodily injury"or"property damage"arising out of the sole negligence,act or omission of the additional insured. 3. This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury"for which the additional insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement. 4. This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury"arising out of the rendering or failure to render any professional services by any insured or on any insured's behalf,including: a) The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,field orders,change orders,drawings or specifications;and b) Supervisory,inspection,architectural or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury"or "property damage",or the offense which caused the"personal and advertising injury",involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services. 5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy specifically applies to that person or organization. 6. The insurance afforded herein only applies to the extent permitted by applicable state law,including statutes governing additional insured coverage in the construction industry. 7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract. C. In no event shall the insurance provided to the additional insured exceed the scope of coverage,including minimum limits,required by the contract. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037,then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and limitations in Sections A.and B.of this endorsement.In the event that CG2010 and/or CG2037 are required but no edition dates are specified,the 04/13 editions shall apply. D. This insurance is excess to any other insurance,whether primary,excess,contingent or on any other basis,available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However,this insurance is always excess to other insurance,whether primary,excess,contingent or on any other basis,when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary,alter,waive or extend any of the terms,conditions,provisions,agreements or limitations of the mentioned Policy,other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:Same as policy effective date unless otherwise indicated above. Policy Effective:611/2020 Policy No.: GL20A00001 Endorsement No.: Insured: J.D.Abrams, L.P. Premium$ Insurance Company: American Contractors Insurance Co. RRG 59791634 ABRAMS 20/21 GL AL WC PL I Kristi Carlson 1/20/2021 5:59:03 PM (CST) Page 3 of 7 This certificate cancels and supersedes ALL previously issued certificates. 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty(60)days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium,we will only provide the certificate of insurance holders shown in the schedule below with ten (10)days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:Same as policy effective date unless otherwise indicated above. Policy Effective:6/1/2020 Policy No.:GL20A00001 Endorsement No.: Insured: J.D.Abrams, L.P. Premium$ Insurance Company: American Contractors Insurance Co RRG 59791634 I AS RAMS I 20/21 GL AL WC PL j Kriati Carlson � 1/202021 5:59:03PM (CST) � Page 4 of 7 This certificate cancelsandsupesedes ALL previously issued certificates. 596 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART Any person or organization you are required by contract to include as an additional insured on this policy is an "insured"but only with respect to liability arising out of the ownership, maintenance or use of an"auto" in the operations incidental to the contract and to the extent set forth below: (1) The limit of insurance will not be greater than that required by such contract. (2) The coverage provided to the additional insured will not be greater than that customarily provided by the policy forms specified in and required by the contract. (3) All insuring agreements, exclusions and conditions of this policy will apply. (4) In no event shall the coverage or limit of insurance in this coverage form be increased by such contract. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter,waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: same as policy eff.date unless otherwise indicated above. Policy Effective: 6/1/2020 Policy No.: AL20000002 Endorsement No.: Insured: J.D.Abrams, L.P. Premium$ Insurance Company: American Contractors Insurance Co RRG 59791634 I ABRAMS 20/21 GL AL WC PL I Kristi Carlson 1/20/2021 5:59:03 PM (CST) Page 5 of 7 This certificate cancels and supersedes ALL previously issued certificates. 335 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty(60)days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium,we will only provide the certificate of insurance holders shown in the schedule below with ten(10)days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter,waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effective: 6/1/2020 Policy No.: AL20000002 Endorsement No.: Insured: J.D.Abrams, L.P. Premium$ Insurance Company: American Contractors Insurance Co RRG 59791639 i ABRAMS I 20/21 GL AL WC PL � Krieti Carlson 11/20/2021 5:59:03 PM (CST) I Page 6 of 7 This certificate cancels and supersedes ALL previously issued certificates. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed. 01-94) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 days. However,in the case of cancellation or nonrenewal due to nonpayment of premium,only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract,permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is only applicable in the state of Texas. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:Same as Policy Effective Date unless otherwise indicated above. Policy Effective Date: 6/1/2020 Policy No. WCA000004520 Endorsement No. Premium$ Insured J.D.Abrams, L.P. Carrier Name/Code: ACIG Insurance Company WC 420601 (Ed. 01-94) 59791634 ABRAMS 20/21 GL AL WC PL I Kristi Carlson 1/20/2021 5:59:03 PM (CST) ( Page 7 of 7 This certificate cancels and supersedes ALL previously issued certificates. 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Page Number& Title Number 1. DEFINITIIONS.................................................................................................................................................2 1 2. PRELIMINARY MATTERS.............................................................................................................................5 3. CONTRPCT DOCUMENTS: INTENT,AMENDING, REUSE........................................................................7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIJNS; REFERENCE POINTS..........................................................................................................8 5. BONDSIND INSURANCE............................................................................................................................10 6. CONTRACTO ......................................................................16 7. OTHER\kJORK...........................................................................................................................24 24 8. OWNER' RESPONSIBILITIES......................................................................................................................25 25 9. ENGINEER/ARCHITECT' ........... 2 10. CHANGSINTHEWORK 27....... 11. CHANGEOFCONTRACTAMOUNT 28 28 12. CHANGE OF CONTRACT TIMES......................................................................................................... 31 13. TESTS AND INSPECTIONS;AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 32 14. PAYMENOS TO CONTRACTOR AND COMPLETION....................................................................................35................ 15. SUSPEN10N OF WOR TERMINATION 39........................... 16. DISPUTE RESOLUTION..........................................................................................................41..................................................... 17 RIGHT Tc AUDIT 42 18. MISCELLANEOUS..........................................................................................................................................43....................................................................... 43 00700 O4-2O2c Page 1 General Conditions 00443641 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents,the term printed with initial capital letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below or as defined in these General Conditions or other Contract Documents: 1.7 Addenda -Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement,-Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders,the bid form,the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion,or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings, Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 00700 04-2020 Page 2 General Conditions 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect (E/A) - The OWNER's design professional identified as such in the Agreement. The titles of"Architect/Engineer,""Architect"and"Engineer"used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal-The terms"equal"or"approved equal"shall have the same meaning. 1.18 Execution Date-Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance—The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final 'om.letion-The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been corn'leted, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is p •cessing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of Acceptance a•proved by the OWNER. 1.22 lns'e.tor-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Le•al olida s 1.23.1 The fo lowing are recognized by the OWNER: Holld4i Date Observed New Mear's Day January 1 Martin Luther King, Jr.'s Birthday Third Monday in January Presid nt's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor ay First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 00700 04-2020 Page 3 General Conditions 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock,Texas,a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use- Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project.-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal—Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form,the Contract Documents and Addenda. 1.33 Resident Project Representative -The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications -Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards,workmanship, equipment and services in order to render a completed and useful project. 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational and the beneficial use and occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 00700 04-2020 Page 4 General Conditions 1.37 Subcontractor-An individual,firm, or corporation having a direct contract with the CONTRACTOR for the performance df a part of the Work. 1.38 Sub-s.ibcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions frm Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Sulmental General Conditions-The part of the Contract Documents which either amends or supplements tie General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Suppli r-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontr ctor. 1.42 Time I xtension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work f The entire completed construction, or the various separately identifiable parts thereof, required to be furnished u der the Contract Documents. 1.44 Worki Da - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not nder the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, i that event, a Working Day will be counted for each such day. 1.45 Worki • Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representativ , all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as •rovided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Satur.ays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours o utside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11L5 herein. 1.46 Writte Notice,-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. 1 ,1 ARTICLE 2-FRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance,and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificates) and other documentation required for execution of the Contract. 2.2 Copied of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 1 1 1 00700 00020 Page 5 General Conditions 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to Proceed will be given at any time within sixty(60)Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values submitted by the CONTRACTOR should include a reasonable estimation of value of each item included and shall not contain disproportionate values assigned to any item or items; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. 2.5 Preconstruction Conference: Prior to commencement of Work at the site,a preconstruction conference attended by the CONTRACTOR,Owner's Representative and others will be held. 00700 04-2020 Page 6 General Conditions 2.6 Initially Acceptable Schedules: Unless otherw se provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representativ on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress pay ent will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by wner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRALTO 's full responsibility therefor. The CONTRACTOR'S schedule of Shop Drawings and sample submissions rrust provide an arrangement agreeable to the parties for reviewing and processing the required submittals. 2.7 Electrnic Transmittals: 2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR may transmit,end shall except, Project-related correspondence,texts,data,documents,drawings, information,and graphics, inclining but not limited to Shop Drawings and other submittals, in electronic media or digital format,either directly, or through access to a secure Project website. 2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no representation as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages,operating systems,or computer hardware differing from those used in the drafting or transmittal of f the items. ARTICLE 3-9ONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent; 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall b as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Change Orders Modifkations to the Contract Documents made after the Execution Date Signed Agreement Addenia to the Contract Documents Speci I Conditions Supplemental General Conditions Gener I Conditions Other idding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special)Specifications Standard Technical Specifications Drawings(figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: Prior to comrrencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of discovering ary conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the CONTRACTO discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work 00700 04F2020 Page 7 General Conditions or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (I) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4-AVAILABILITY OF LANDS:SUBSURFACE AND PHYSICAL CONDITIONS:REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner,the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement, has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact 00700 04-2020 Page 8 General Conditions the performane of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the site of the proosed work which would adversely impact the performance of Work by the CONTRACTOR. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Confract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed nd in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representativ will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in he CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines tha the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating the reasons. Pny disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section, "public lines"means the utility distribution and supply system within public rights-of-way or easements, ard "utility customer service lines" (service) means any utility line connecting a utility customer to the utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and"One Call"and exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work or storage a eas. The CONTRACTOR'S obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs(including fines that may be levied against he OWNER) that may result from unauthorized or accidental damage to all public lines and utility customer servi e lines in the Work area.The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at he CONTRACTOR's expense. 4.2.4 The C NTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeologi al, paleontological or historical significance. No objects of this nature shall be disturbed without written permis ion of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered un xpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representativ and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written pe mission and permit to do so is granted.All primitive rights and antiquities uncovered on the OWNER'S property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection,that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage worccauses an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points hich, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference oints, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER'S responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 00700 04.2020 Page 9 General Conditions 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. 4.4.4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER,AND ITS COUNCIL MEMBERS, EMPLOYEES,AGENTS,AND CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)ARISING OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. ARTICLE 5-BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code (2005)and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers'Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project,for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, 00700 04-2020 Page 10 General Conditions independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CØNTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and riling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the overage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the�Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with he OWNER showing that coverage has been extended. 5.2.5 The CpNTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven(7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one(1)year thereafter. 5.2.7 The CDNTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of arty person providing services on the Project. 5.2.8 The C NTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that th y are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project,for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 1 .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 00700 04-2020 Page 11 General Conditions .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers'compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10)days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. 00700 04-2020 Page 12 General Conditions 1 1 1 1 .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 , The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry 1 Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense,to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. 1 .8 OWNER reserves the right to review the insurance requirements set forth during the effective 1 period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Proide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following • endrsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: 00700 O42O2O Page 13 General Conditions .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. 5.3.1.3 Workers'Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two(2)copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation,form WC 420304; and b) 30 day Notice of Cancellation,form WC 420601. The minimum policy limits for Employers' Liabilityinsurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 5.3.1.4 Commercial General Liability Insurance. The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground(X, C &U)coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 00700 04-2020 Page 14 General Conditions 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten(10)days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. .4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the CONTRACTOR from the site of the Project and exercise OWNER's suspension and/or termination rights under the Contract Documents. 5.4.2 Perfrmance Bond. .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. 00700 0,2020 Page 15 General Conditions ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated,or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 00700 04-2020 Page 16 General Conditions ,' 6.2.4 Substitutes and"Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a roprietary item or the name of a particular Supplier, the specification or description is intended to establish the ty e,function and quality required. Unless the specification or description contains words reading that no like, equival nt or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished wihout compliance with some or all of the requirements for evaluation of proposed substitute items. Th CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to mike its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6. .4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 1 6.2.4.3 OWNR's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of accepability. No"approved equal"or substitute shall be ordered, installed, or utilized until the OWNER's review is comilete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. TIe OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance g.iarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responble for any delay due to review time for any"approved equal"or substitute. 6.2.4.4 CONTRACTOR'S Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR'S expense. 6.2.5 The CNTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRA TOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppli rs for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 Tte CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in th progress schedule that will not change the Contract Times or Milestones. Such adjustments will coiform generally to the progress schedule then in effect. 00700 04-2020 Page 17 General Conditions .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors,Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to,by Power of Attorney or otherwise,assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization,whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference..Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten(10)Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 00700 04-2020 Page 18 General Conditions 6.5.2 The CNTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereundr and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The C NTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall indemnify and ave the OWNER harmless from any and all claims,costs, losses,expenses and damages(including but not limited o attorneys fees and consultant fees),direct or indirect,arising with respect to the CONTRACTOR's process in the(formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense,with counsel of its own choosing,to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwse provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all constructior permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws Ond Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performin the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER ror E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of fir pollution. 6.7.3 If the CONTRACTOR performs any Work that it is contrary to laws or regulations,then the CONTRACTOR shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages arising therefrm;� however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTO of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRALTO in accordance with the laws and regulations of the State of Texas. 00700 04-2020 Page 19 General Conditions 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Chapter 321, Texas Tax Code. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one(1) record copy of all Drawings, Specifications,Addenda,Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings showing the final "as built" construction of the Project shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 00700 04-2020 Page 20 General Conditions .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss tc any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly empl yed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be responsibl , shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or pecifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by ny of them or anyone for whose acts any of them may be responsible, and not attributable, directly or indirectly, in whole or in part,to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person cbr organization directly or indirectly employed by any of them). The CONTRACTOR'S duties and responsibilitiesfor safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Reprsentative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work i acceptable(except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. At a minimum,the safety representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety representative has received such training within the last five (5) years shall be provided to the OWNER's representative. 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In mergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to (prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant cha6ges in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequerces of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as ecessary to remedy the emergency condition,and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In ,the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOF shall notify Owner's Representative within twenty-four (24) hours of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through 00700 O42O2O Page 21 General Conditions photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight(48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR'S obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. .9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work or any non-conformance of the Work with any requirement of the Contract Documents. CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR under the Contract Documents. 6.14 Indemnification: 00700 04-2020 Page 22 General Conditions 1 ,, 6.14.1 TO THE FULLEST EXTENT PERMITTED BY LAW,AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRA TOR UNDER THE CONTRACT OR OTHERWISE,CONTRACTOR SHALL INDEMNIFY,DEFEND AND HOLD H RMLESS OWNER, ITS COUNCIL MEMBERS , EMPLOYEES, AGENTS,AND CONSULTANTS INCLUDING, UT NOT LIMITED TO THE E/A (THE "INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY", FROM AND GAINST ALL CLAIMS,COSTS, LOSSES,AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES A D CHARGES OF ENGINEERS,ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND OTHER PRO ESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OU OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER SUCH CLAIM , COSTS, LOSSES,AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS, ACTIONS, E RORS OR OMISSIONS OF AN INDEMNIFIED PARTY. BECAUSE OWNER IS A MUNICIPALITY,THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER 151 OF THE TEXAS INSURANCE CODE ("CHAPTER 151") DOES NOT APPLY TO THE OWNER. IF, HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE AND EFFEC+. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE CONTRACT (DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor,',Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employed benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, EtA's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent prepration of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or gents. 1 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survial of Obligations: All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Dcuments,as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losse from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from 00700 O42O2O Page 23 General Conditions unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable,a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations, statute of repose, or any other provision of the Contract Documents. 6.18 Liquidated Damages: At set forth in the Agreement,paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR'S failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7-OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR'S Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR'S Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER'S own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 7.6 If CONTRACTOR damages,delays,disrupts or interferes with the work of any other contractor,or any utility owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions, 00700 04-2020 Page 24 General Conditions inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such other contracto!or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,and(2)INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND AGAINST ANY SUCH CLAIMS,AND AGAINST ALL COSTS,LOSSES,AND DAMAGES(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUTOF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION,OR INTERFERENCE. ARTICLE 8-9WNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The ØWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTO 's means, methods,techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and reguations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOI 's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOI from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foegoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points), Article 7(Other Work)and Article 14(Payments to the CONTRACTOR and Completion). 8.6 Noticed of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 8.7 The 9WNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or the E/A to observe,detect, discover, or object to or condemn any defective Work or material shill not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of the Work on behalf of the CONTRACTOR. ARTICLE 9-ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 EIA's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment 00700 O -2O2O Page 25 General Conditions of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier,or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Work. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14,but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with,the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the 00700 04-2020 Page 26 General Conditions CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not product a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety,the OWNER, at any time or from time to time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. ,, 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Excep in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required befre the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notic of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The O,VNER and the CONTRACTOR shall execute appropriate written Change Orders covering: .1 a Change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract,order changes in the Work within the genral scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount 00700 O4202O Page 27 General Conditions and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the CONTRACTOR only to an equivalent extension of time,the CONTRACTOR'S application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent(25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty(30)calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 00700 04-2020 Page 28 General Conditions 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be Ietermined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by host of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Ctange Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost o Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall perform the Changed Work and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rats established in Section 00900 for each hour that said personnel are actually engaged in such Wsrk, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as corinpensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No se arate charge will be made by the CONTRACTOR for organization or overhead expenses. For the co t of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OVJNER. .2 Thy CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR'S and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken,the actual cost will be the invoice price minus the discount. .3 Fot machinery,trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work,which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one(1)copy being retained by the OWNER and one(1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 00700 O42O2O Page 29 General Conditions 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of"plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%)or more. 11.6.E Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other 00700 04-2020 Page 30 General Conditions party promptly(but in no event later than thirty(30) calendar days)after the start of the occurrence or event giving rise to the dely and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent thatthe adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times(or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Time (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR,then no extension in time will be allowed. 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)die to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or Milestones)in On amount equal to the time lost due to such delay will be considered by OWNER. Any extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall rot be considered justification for extension of Contract Times on Calendar Day contracts, except as provided for inparagraph 12.2. 12.1.4 The O.NNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the Work which justify additional time. .2 Filure of materials or products being at the Project site due to delays in transportation or failures of Suppliers,for which the CONTRACTOR,a Subcontractor or a Supplier is not responsible. The request fort an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to, the CONTRACTOR's, the Subcontractor's or the Supplier's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 W,en acts of the OWNER, EtA, utility owners or other contractors employed by the OWNER delay prOgress of work through no fault of the CONTRACTOR. .4 Wien the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unvoidable cause or causes beyond the CONTRACTOR'S control. 12.2 Calendar Day Contracts: 00700 O42O2O Page 31 General Conditions Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purpoes ontracts, expected normal weather will prevent performance of Work: January...............7 days February............................................... 7 days March................................. .7 days April......................... 7 days May............................... 8 days June...................................... 6 days July..................................... 6 days August......................... .5 days September...................... .7 days October.......... .7 days November...................... 7 days December....................... .7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day"is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule during the entire day. ARTICLE 13-TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 00700 04-2020 Page 32 General Conditions 13.3.3 If laws fir regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, t sted or approved by an employee or other representative of such public body, the CONTRACTOR shall assume f II responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection the ewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRALTO shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, te ts or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated i the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTO 's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any 1Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective,the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resuiting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to *uch uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and the CONTRAC1TOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, r fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however,this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated,or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 00700 04i-2020 Page 33 General Conditions 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others), including but not limited to all consultant, engineering, expert and attorney's fees incurred by the OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary to address or correct the defective Work at CONTRACTOR's sole cost and expense. 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly,without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER)will be paid by the CONTRACTOR. 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents and agreed to by OWNER. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors,E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the 00700 04-2020 Page 34 General Conditions Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of othe s destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work and any nd all consultant,expert and attorneys fees incurred by OWNER as a result of OWNER's correction of defective W RK. The CONTRACTOR shall not be allowed an extension of the Contract Times(or Milestones), or claims of d mage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. 13.9 ACCE'TANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it, OWNER may Oo so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the appropriate mans or methods and work necessary to allow OWNER to accept the defective Work and CONTRACTOF shall pay for all work required to be performed to allow OWNER to accept the defective Work and any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the defective Work„ including any diminution in value of the Project as a result of accepting the defective Work. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall.be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Priced then OWNER may impose a reasonable set-off against payments due under the Contract Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of defective Work. ARTICLE 14-!AYMENTS TO CONTRACTOR AND COMPLETION 1 14.1 Application for Progress Payment: 14.1.1 Not mire than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents or as required by OWNER. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly uthorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance with the Contact Documents. 14.1.5 Where the original Contract Amount is less than$400,000, the OWNER will pay to the CONTRACTOR the total amount o approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be r tamed until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent(5%) of the amount thereo ,which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 00700 04t-2020 Page 35 General Conditions 14.1.E Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR'S Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER,or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules,that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 inspections have been made to check the quality or the quantity of the Work or that the Work has been performed in accordance with the Contract Documents; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount; .3 the CONTRACTOR'S construction means, methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: .1 defective Work not remedied; 00700 04-2020 Page 36 General Conditions .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; .6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract Eocuments; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 t1e CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; oi. .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. .13 qwNER's disagreement with the recommendation of the Owner's Representative, provided the WNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER des not agree with such recommendation. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment with which OWNER agrees and has approved for payment within thirty(30) calendar days after the day on which the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percert (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTO2 growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person,firm or corporation ,ho is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shill affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 00700 O42O2O Page 37 General Conditions 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3)complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules, guarantees, and other documentation required by the Contract Documents; .2 Record documents(as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; 00700 04-2020 Page 38 General Conditions .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in fore after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit(After Construction); and .6 Any other documentation called for in the Contract Documents. 14.11 Final Fayment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby ntify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative, the OWNER wll pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. 14.11.2 As Ccntract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. 14.11.3 Final payment is considered to have taken place when the CONTRACTOR or any of its representatives negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. 14.12 Waiver of Claims: The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled clims, from defective Work appearing after final inspection, from failure to comply with the Contract Dccuments or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15- USPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience,the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The ONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in rticle 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven(7)calendar days'Written Notice to the CONTRACTOR,the OWNER may,without cause and without prejudice to r.ly right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for!completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 00700 O42O2O Page 39 General Conditions .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order language that provides that if the Agreement is terminated without cause, the Subcontractor and Suppliers will only be paid for work performed or materials and equipment supplied and shall not have any other claims against CONTRACTOR or OWNER; CONTRACTOR shall not be paid for any profit or overhead for Work not completed. 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR(and the surety, if any) seven (7)calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere,and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims,costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR'S services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three(3)years. 00700 04-2020 Page 40 General Conditions 15.4 CONTIACTOR May Stop Work or Terminate: If through no ac or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representatives fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60)calendar days after it is submitted t pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOF may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes)Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30)calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOF any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days" Written Notice to the OWNER stop the Work until payment of all such amounts due the CONTRACTOF , including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOF from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherifrise for expenses or damage directly attributable to the CONTRACTOR'S stopping Work as permitted by this paragraph. ARTICLE 16- ISPUTE RESOLUTION 16.1 Filing 13f Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6,9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4,or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or vent giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data,Owner's Representatives and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of ro settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall Iave thirty(30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alterntive Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held bet*een representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 O42O2O Page 41 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, the parties shall initiate the mediation process. The parties agree to select within thirty (30)calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved,whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules,commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include(hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER(all of the foregoing are hereinafter referred to as "records"). In addition,the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 04-2020 Page 42 General Conditions written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in coitracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers,etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in On expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance o this Agreement, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%)of the total contract billings, then he reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the CONTRACTOR. Any adjustments and/or payments,which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time(not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The C4NTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former employees and their relatives. For example,the CONTRACTOR's employees,agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerationsto the OWNER's representatives, employees or their relatives. 17.1.E It is alto understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyore representing the OWNER is to be reported within two (2) business working days to the OWNER at the following;telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—}MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extend of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 00700 O42O2O Page 43 General Conditions 18.4 Severability: If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable,that finding shall only effect such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR,terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer,employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions 00700 04-2020 Page 44 General Conditions 00800 SUPPLEMENTAL GENERAL CONDITIONS City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name(Representative): Gerald Lankes, PE Firm: Seiler Lankes Group, LLC Address: 345 Cypress Creek Rd., Suite 101 City, State,Zip: Cedar Park, Texas 78613 Telephone: 512-785-8564 Facsimile: Email: g1ankes( sh -eng.com 1.27 Owner's Representative: Add the following: Name: Dawn Scheel. PE Title: Project Manager Address: 3400 Sunrise Road City, State,Zip: Round Rock,Texas 78665 Telephone: 512-218-6603 Facsimile: Email: dscheel( roundrocktexas.gov ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF Seven hundred and fifty dollars AND NO/100 DOLLARS $750.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 00900 SPECIAL CONDITIONS SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than two (2) (original signed) sets. The OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract Documents and Specifications unless otherwise requested. 01-02 GOVERNING CODES All construction as provided for under the Contract Documents shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the OWNER. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated in the Contract Documents. 01-04 USAGE OF WATER All water used during construction shall be provided by the OWNER and shall be metered. The OWNER shall specify the location from which the CONTRACTOR is to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water permit from the OWNER and providing all apparatus necessary for procuring,storing, transporting and using water during construction.The CONTRACTOR shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste.The CONTRACTOR will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the CONTRACTOR's responsibility to make arrangements with the owners of utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense,however,where such is not the case,the CONTRACTOR will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The CONTRACTOR will be responsible for providing its own utility services while performing the Work associated with this Contract. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. OO9OO4-2O2O Page 1 Special Conditions 00443643 02-03 WAGE RATES Wage Rates(Information From Chapter 2258,Texas Government Code Title 10) 2288.021.Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a)does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body,or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-4-2020 Page 2 Special Conditions 00443643 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incidental to Highway) http://www.wdol.gov/wdollscafiles/davisbacon/TX33.dvb?v=0 Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The OWNER has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the OWNER may be required to change and/or delete any items which it may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. CONTRACTOR shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the OWNER reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 LIMITS OF WORK AND PAYMENT It shall be the obligation of the CONTRACTOR to complete all work included in this Contract, so authorized by the OWNER, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising las to the limits of work shall be left up to the interpretation of the E/A. 00900-4-2020 Page 3 Special Conditions 00443643 02-06 LAND FOR WORK OWNER provides, as indicated on Drawings, land upon which work is to be done, right- of-way for access to same and such other lands that are designated for the use of the CONTRACTOR.CONTRACTOR provides,at his expense and without liability of OWNER, any additional land and access thereto that may be required for his construction operations,temporary construction facilities, or for storage of materials. 02-07 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on the Drawings, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR will make relocation arrangements with the utility owner. The OWNER will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. 02-08 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Drawings and such staking shall be satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners Representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the CONTRACTOR including but not limited to: paint, flagging,laths,hubs,blue tops,nails,hammers,measuring chains or tapes,transits and levels. The CONTRACTOR shall be responsible for setting and marking control and off-set points for measuring distances and angles,for shooting levels,and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. i 00900-4-2020 Page 4 Special Conditions 00443643 SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the CONTRACTOR shall notify the OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire Department,E.M.S.,Public Works,etc.),residents,and affected parties.If emergency access is required during the work and such access is being hindered by the work,the CONTRACTOR will suspend the work if necessary,and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the E/A, at the end of each day all lanes of traffic shall be opened to the public. The CONTRACTOR shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. 00900-4-2020 Page 5 Special Conditions 00443643 01000 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications" section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction, the CONTRACTOR shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the E/A. The CONTRACTOR shall,at its own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the CONTRACTOR's operations, shall be immediately removed. Page 1 01000-4-2020 Technical Specifications 00443645 2.01.2 BACKWORK The CONTRACTOR shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist,the E/A may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the E/A's satisfaction. 2.02 GRADING The CONTRACTOR shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the E/A. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the E/A, representatives of all governmental entities which have jurisdiction, and the Owner's Representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR'S responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The E/A and the OWNER must be notified a minimum of 24-hours in advance of beginning construction,testing,or requiring presence of the E/A,Owner's or Owner's Representative. 3.03 CONSTRUCTION STAKING The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in the E/A's opinion, provide sufficient information for the CONTRACTOR to perform construction staking. 3.04 PROTECTION OF STAKES.MARKS,ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the CONTRACTOR, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the CONTRACTOR at the CONTRACTOR's sole expense. Page 2 01000-4-2020 Technical Specifications 00443645 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the E/A. 4.02 PROTECTION OF TREES.PLANTS AND SHRUBS The CONTRACTOR shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the CONTRACTOR may remove trees and plants for construction right-of-way but only with approval of the E/A. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the E/A, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The CONTRACTOR shall be responsible for the protection,reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The CONTRACTOR shall at his own expense, make arrangement for the disposal of surplus material, such as rock,trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the E/A in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the CONTRACTOR for ailiy temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the E/A. Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another Page 3 01000-4-2020 Technical Specifications 00443645 manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper"or"equal to"are used,they shall be understood to mean that the item referred to shall be "proper",the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the E/A. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to"or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the E/A, and the E/A will have the right to require the use of such specifically designated material, article or process. Page 4 01000-4-2020 Technical Specifications 00443645 1N's'r nas f uN41 I � • • 02000 PLANS, DETAILS AND NOTES r ,s•a�Nat t tfi3fr „Q(Q[g,�p 6rd ro,p e p i a ��hNrf�l'iAffdt�� J I i�V'N'ey�NlfMhV' p�Ia�O@ ipfFNNNNtW ril}y�ff�ldlf'1"f i fAlrt.nr".u.Nrgled �fQk�ur f'f'IiLN� �yglm+'S•LNHNN^ 'NIfC'PW it i rt r'e"•jam .'kNv�tw•rwNNNj`� p�aycNn•Vtq. N5� CNN • •�f6dwu�ra. .�avwwH'f5f3� F1'r f•S I•,r'Iplf.. ygrNNNH•NygpPp§,1§i` pk„' •'rv�P'SxV�9NMd�y Yi ttrrsra �'t�l+'aw••raNt --m 000-002 Special Provision to Item 000 -_:..:= rt. Nondiscrimination a Transportation 1. DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964,as amended,(Title VI).Title VI forbids discrimination against anyone in the United States on the grounds of race,color,or national origin by any agency receiving federal funds. Texas Department of Transportation,as a recipient of Federal financial assistance,and under Title VI and related statutes,ensures that no person shall on the grounds of race,religion(where the primary objective of the financial assistance is to provide employment per 42 U.S.C.§2000d-3),color,national origin,sex,age or disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any Department programs or activities. 2. DEFINITION OF TERMS Where the term"contractor"appears in the following six nondiscrimination clauses,the term"contractor"is understood to include all parties to contracts or agreements with the Texas Department of Transportation. ---. 3. NONDISCRIMINATION PROVISIONS During the performance of this contract,the contractor agrees as follows: 3.1. Compliance with Regulations.The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,"DOT") Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination.The contractor,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a �► subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 3.4. Information and Reports:The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts, _.._ other sources of information,and its facilities as may be determined by the Recipient or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient,or the Texas Department of Transportation as appropriate,and shall set forth what efforts it has made to obtain the information. 1 09-14 Statewide 000-002 3.5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Recipient shall impose such contract sanctions as it or the Texas Department ._ f Transportation may determine to be appropriate,including,but not limited to: N withholding of payments to the contractor under the contract until the contractor complies,and/or iii cancellation,termination or suspension of the contract,in whole or in part. 3.6. Incorporation of Provisions.The contractor shall include the provisions of paragraphs(1)through(6)in Avery subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Texas Department of Transportation may direct as a neans of enforcing such provisions including sanctions for non-compliance:Provided,however,that,in the vent a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a esuIt of such direction,the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient,and,in addition,the contractor may request the United States to enter into such -Itigation to protect the interests of the United States. (01k, (*.", e°11%, 2 09-14 _ .. Statewide 000-003 Special Provision to Item 000 -_... ---� Certification of Nondiscrimination in Employment Air� 1. GENERAL By signing this proposal,the Bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925, 11114,or 11246,or if he has not participated in a previous contract of this type,or if he has had previous contract or subcontracts and has not filed,he will file with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Note-The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by Bidders and proposed subcontractors only in --- connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract m � subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S.Department of Labor. 1 09-14 Statewide 000-004 (4. Special Prevision to Item 000 Notice of requirement for Affirmative Action to Ensure Appr: -y Equal Employment Opportunity (Executive Order 11246) 1. GENERAL - - fl addition to the affirmative action requirements of the Special Provision titled"Standard Federal Equal employment Opportunity Construction Contract Specifications"as set forth elsewhere in this proposal,the (Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. ''^ 2. GOALS 2.1. foals for minority and female participation are hereby established in accordance with 41 CFR 60-4. 2.2. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate Work force in each trade on all construction work in the covered area are as follows: Goals for minority participation Goals for female participation ineachtrade,% in each trade, See Table 1 6.9 2.3. These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally ---- assisted)performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area,it will apply the goals established for such geographical area where the � work is actually performed.With regard to this second area,the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals.The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract,and in each trade,and the Contractor must make a good faith effort to employ minorities and women evenly on each of its projects.The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals will be a violation of the Contract,the Executive Order and the regulations in 41 CFR Part 0-4. Compliance with the goals will be measured against the total work hours performed. 2.4. A Contractor or subcontractor will be considered in compliance with these provisions by participation in the ---- Texas Highway-Heavy Branch,AGC,Statewide Training and Affirmative Action Plan. Provided that each contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees.The overall good performance of other Contractors end subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or Subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. SUBCONTRACTING The Contractor must provide written notification to the Department within 10 working days of award of any --- construction subcontract in excess of$10,000 at any tier for construction work under the Contract resulting from this solicitation pending concurrence of the Department in the award.The notification will list the names, 1 09-14 Statewide 000•004 address and telephone number of the subcontractor;employer identification number;estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the Contract is to be performed. --� 4. COVERED AREA As used in this special provision, and in the Contract resulting from this solicitation,the geographical area �►, covered by these goals for female participation is the State of Texas.The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance �- Programs(OFCCP)reporting and record keeping requirements as provided for under Executive Order 11246 as amended.OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Minority Participation County Participation,% County Participation, --- Anderson 22.5 Chambers 27.4 Andrews 18.9 Cherokee 22.5 - + Angelina 22.5 Childress 11.0 Aransas 44.2 Clay 12.4 Archer 11.0 Cochran 19.5 _-_ Armstrong 11.0 Coke 20.0 Atascosa 49.4 Coleman 10.9 Austin 27.4 Collin 18.2 Bailey 19.5 Collingsworth 11.0 Bandera 49.4 Colorado 27.4 _._ Bastrop 24.2 Comal 47.8 Baylor 11.0 Comanche 10.9 � Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 --- Bosque 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson 27.4 Denton 18.2 Burnet 24.2 DeWitt 27.4 Caldwell 24.2 Dickens 19.5 Calhoun 27.4 Dimmit 49.4 --- Callahan 11.6 _Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 � Edwards 49.4 •-- Castro 11.0 Ellis 18.2 2 09-14 Statewide , (li**, 000-004 .--- County Participation,% County Participation,% ` y El Paso 57.8 Kenedy _ 44.2 �,,.. Erath 17.2 Kent 10.9 Falls 18.6 Kerr 49.4 Fannin 17.2 Kimble 20.0 Fayette 27.4 King . 19.5 '�'' Fisher 10.9 �Kinney 49.4 Floyd 19.5 Kleberg 44.2 Foard 11.0 Knox 10.9 Fort Bend 27.3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18.6 Frio 49.4 LaSalle 49.4 Gaines 19.5 Lavaca 27.4 ---- Galveston 28.9 �Lee 24.2 Garza 19.5 Leon 27.4 Gillespie 49.4 Liberty 27.3 Glasscock 18.9 Limestone 18.6 Goliad 27.4 Lipscomb 11.0� Gonzales 49.4 Live Oak 44.2 ,Gray 11.0 Llano 24.2 Grayson 9.4 Loving 18.9 Gregg 22.8 h Lubbock 19.6 ,Grimes 27.4 Lynn 19.5 Guadalupe 47.8 Madison 27.4 Hale 19.5 4 Marion 22.5 h,Hall 11.0 Martin 18.9 . Hamilton 18.6 Mason 20.0 Hansford 11.0 Matagorda 27.4 . Hardeman 11.0 Maverick 49.4 Hardin 22.6 McCulloch 20.0 Harris 27.3 McLennan 20.7 .Harrison 22.8 McMullen 49.4 Hartley 11.0 Medina 49.4 Haskell 10.9 Menard 20.0 .Hays 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidalgo 72.8 Mitchell 10.9 Hill 18.6 Montague 17.2 Hockley 19.5 Montgomery 27.3 __. Hood 18.2 Moore 11.0 ,Hopkins 17.2 Morris 20.2 e'*., Houston 22.5 Motley 19.5 ,Howard 18.9 Nacogdoches 22.5 Hudspeth 49.0 Navarro 17.2 Hunt 17.2 Newton 22.6 Hutchinson 11.0 Nolan 10.9 -- Irion 20.0 Nueces 41.7 Jack 17.2 Ochiltree 11.0 Jackson 27.4 Oldham 11.0 Jasper 22.6 Orange 22.6 Jeff Davis 49.0 Palo Pinto 17.2 Jefferson 22.6 Panola 22.5 Jim Hogg 49.4 Parker 18.2 ell**, Jim Wells 44.2 Parmer 11.0 e's*, Johnson 18.2 4 Pecos 18.9 Jones 11.6 Polk 27.4 --- Kames 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 . Kendall 49.4 Randall 9.3 3 09-14 _-- Statewide 000-004 County Participation,% County Participation, Rains 17.2 Reagan 20.0 Real 49.4 Throckmorton 10.9 Red River 20.2 Titus 20.2 Reeves 18.9 Tom Green 19.2 Refugio 44.2 Travis 24.1 Roberts 11.0 Trinity 27.4 Robertson 27.4 Tyler 22.6 •- Rockwall 18.2 Upshur 22.5 Runnels 20.0 Upton 18.9 `-" Rusk 22.5 Uvalde 49.4 Sabine 22.6 w Val Verde 49.4 San Augustine 22.5 Van Zandt 17.2 San Jacinto 27.4 Victoria 27.4 San Patricio * 41.7 Walker 27.4 San Saba 20.0 Waller 27.3 Schleicher 20.0 Ward 18.9 Scurry 10.9 Washington 27.4 .._ Shackelford 10.9 Webb 87.3 Shelby 22.5 �Wharton 27.4 Sherman 11.0 w Wheeler 11.0 Smith 23.5 Wichita 12.4 Somervell 17.2 Wilbarger 11.0 Starr 72.9 Willacy 72.9 Stephens 10.9 Williamson 24.1 Sterling 20.0 Wilson 49.4 Stonewall 10.9 Winkler 18.9 Sutton 20.0 Wise 18.2 Swisher 11.0 Wood 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young 11.0 Terrell 20.0 Zapata _ 49.4 Terry 19.5 Zavala 49.4 4 09-14 Statewide 000.005 -- Special Provision to Item 000 ... Standard federal Equal Employment Opportunity re= Construction Contract SpecificationsAir ansportation (Executive Order 11246) 1. !GENERAL 1.1. tks used in these specifications: ■ "Covered area"means the geographical area described in the solicitation from which this Contract resulted; u "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; ■ "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S.Treasury Department Form 941. si "Minority"includes: • Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic(all persons of Mexican,Puerto Rican,Cuban, Central or South American or other Spanish Culture or origin,regardless of race); • Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, (ow, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and • American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it will physically include in each subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3. (f the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)will be in accordance with that plan " for those trades which have unions participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the equal employment opportunity(EEO)clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees.The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1.4. The Contractor will implement the specific affirmative action standards provided in Section 1.7.1.through Section 1.7.16.of these specifications.The goals set forth in the solicitation from which this Contract resulted ire expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in --the covered area.Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer.The r"^ 1 09-14 Statewide --- 000-005 u � Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity. The evaluation --- of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 1.7.1. Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or more women to each construction project.The Contractor will specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. --- 1.7.2. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions LL have employment opportunities available,and maintain a record of the organizations'responses. 1.7.3. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source or community organization --- and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this will be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. �- 1.7.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has _._ a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. 1.7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor.The Contractor will provide notice of these programs to the sources compiled under 7b -• above. 1.7.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs --.,. and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and Collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. ,.., 1.7.7. Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other 2 09-14 Statewide 000-005 employment decisions including specific review of these items with on-site supervisory personnel such as —� Superintendents,General Foremen,etc.,before the initiation of construction work at any job site.A written r.., record must be made and maintained identifying the time and place of these meetings,persons attending, Subject matter discussed,and disposition of the subject matter. 1.7.8. pisseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the � u Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 1.7.9. Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date -for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 1.7.10. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the ,..., site and in other areas of a Contractor's workforce. 1.7.11. !Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR art60-3. 1.7.12. Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. --- 1.7.13. insure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1.7.14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1.7.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. 1.7.16. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 7.1.through Section 7.16.).The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under Section 7.1. through Section 7.16.of these Specifications provided that the Contractor actively participates in the group, .^ makes every effort to assure that the group has a positive impact on the employment of minorities and Women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken ion behalf of the Contractor.The obligation to comply,however,is the Contractor's and failure of such a group Ito fulfill an obligation will not be a defense for the Contractor's noncompliance. ,.•, 1.9. A single goal for minorities and a separate single goal for women have been established.The Contractor, however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority.Consequently,the Contractor (0/*, 3 09-14 Statewide --- 000-005 may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1.11. The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as --- may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out LL � such sanctions and penalties will be in violation of these specifications and Executive Order 11246,as amended. 1.13. The Contractor,in fulfilling its obligations under these specifications,will implement specific affirmative action - _ steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1.14. The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records must at least include for each employee the --- name,address,telephone numbers,construction trade,union affiliation if any,employee identification number when assigned,social security number,race,sex,status(e.g.,mechanic,apprentice,trainee,helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed. Records must be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1.16. In addition to the reporting requirements set forth elsewhere in this Contract,the Contractor and the subcontractors holding subcontracts,not including material suppliers,of$10,000 or more,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230),and in accordance with the included instructions. ram►, 4 09-14 Statewide 680-006 --- Special Provision to Item 680 = - Texas ��--- Highway Traffic Signals T on Item 680,"Highway Traffic Signals"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 680.3.1.1.2,'Conduit,"The fourth sentence of the first paragraph is voided and replaced by the following. (^ toPik Seal the ends of each conduit with approved sealant,after all cables and conductors are installed. p", r"^ (0m., 1 -1 04-18 . Statewide 6185-002 Special Provision to Special Specification 6185 Truck Mounted Attenuator (TMA) and Trailer irof rejDeParlientsTransportation Attenuator (TA) Item 6185,"Truck Mounted Attenuator(TMA)and Trailer Attenuator(TA)"of the Standard Specifications,is hereby amended ,..., with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Article 4."Measurement",is voided and replaced by the following: 4.1. Truck Mounted Attenuator!Trailer Attenuator(Stationary).This Item will be measured by the day. TMA/TAs must be set up in a work area and operational before a calendar day can be considered measureable. A day will be _._ measured for each TMNTA set up and operational on the worksite. 4.2. Truck Mounted AttenuatorlTrailer Attenuator(Mobile Operation). This Item will be measured by the hour or by the day. The time begins once the TMNTA is ready for operation at the predetermined site and stops when notified by the Engineer. When measurement by the hour is specified,a minimum of 4 hr.will be paid each day for each operating TMA/TA used in a mobile operation. When measurement by the day is specified,a day will be measured for each TMAITA set up and operational on the worksite. 1 08-19 Statewide 247-003 .---. Special Prevision to Item 247 0 Flexible Base i , � - Item 247,"Flexible Base"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Section 2.4.,"CertilFication."This section is added. Personnel certified y the Department-approved soils and base certification program must conduct all sampling,field testing,and laboratory testing required by the following: ■ Section 2.1,"Aggregate," • Section 2.1.3.2,"Recycled Material(Including Crushed Concrete)Requirements," • Section 4.3,"Compaction,"for measuring flexible base depth,and • Section 4.3.2,"Density Control,"for determining the roadway density and moisture content. Supply the Engineer with a list of certified personnel and copies of their current certificates before laboratory and field testing is performed and whe personnel changes are made.At any time during the project,the Engineer may perform production tests as --- deemed necessary n accordance with Item 5,"Control of the Work." Section 2.5.,"Repgrting and Responsibilities."This section is added. Use Department-prcvided templates to record and calculate all test data.Obtain the current version of the templates at http:llwww.txdot.go /inside-txdofJforms-publications/consultants-contractors/forms/site-manager.htmlcontractors/forms/site-manager.html or from the Engineer.The Engineer and the Contractor will provide any available test results to the other party when requested. Record and electronically submit all test results and pertinent information on Department-provided templates. Section 2.6.,"Sampling."This section is added. The Engineer will simple flexible base from stockpiles located at the production site or at the project location in accordance with Tex-400-A,Section .3.The Engineer will label the sample containers as"Engineer,""Contractor"or"Supplier,"and"CST/M&P." Witness the sampling and take immediate possession of the sample containers labeled"Contractor"or"Supplier."The Engineer will maintain custod of the samples labeled"CST/M&P"until testing and reporting is completed. Section 2.7.,"Referee Testing."This section is added. CST/M&P is the referee laboratory.The Contractor may request referee testing when the Engineer's test results fail to meet any of the material requirements listed in Table 1.Make the request via email within 5 working days after receiving test results from r"� the Engineer.Submit test reports signed and sealed by a licensed professional engineer from a commercial laboratory listed on the Department's Ma terial Producer List(MPL)of laboratories approved to perform compaction and triaxial compression testing located at http:11ftp40t.state.tx.us/pub/txdot-info/cmd/mpl/complabs.pdf.Submit completed test reports electronically on to'', Department-provided templates in their original format.The referee laboratory will report test results to the Engineer within the allowable number of working days listed in Table 2 from the time the referee laboratory receives the samples. It is at the '� discretion of the Engineer or the referee laboratory to deny a referee request upon review of the test reports provided by the -- Contractor. 1 06-18 ... Statewide --• 247•003 Table 2 Number of Allowable Working Days to Report Referee Test Results -- Material Property Test Method Working Days Gradation Tex-11O-E,Part I 5 Liquid Limit(Multi-Point Method) Tex-104-E,Part I 5 Plasticity Index Tex-106-E 5 Wet Ball Mill Value Tex-116-E, Wet Ball Mill,%Increase passing#40 sieve Parts I and II 5 Compressive Strengths Tex-117-E,Part II 6 Compressive Strength2 Tex-117-E 12 --- 1. Moisture-Density curve provided by the District 2. Moisture-Density curve determined by the referee laboratory Section 4.6.,"Ride Quality."This section is voided and replaced by the following. Measurement of ride quality only applies to the final travel lanes that receive a 1-or 2-course surface treatment for the final riding --_ surface,unless otherwise shown on the plans. Measure the ride quality of the base course either before or after the application of the prime coat,as directed,and before placement of the surface treatment.Use a certified profiler operator from the Department's MPL.When requested,furnish the Engineer documentation for the person certified to operate the profiler. Provide all profile data to the Engineer in electronic data files within 3 days of measuring the ride quality using the format specified in Tex-1001-S.The Engineer will use Department software to evaluate longitudinal profiles to determine areas requiring corrective action.Correct O.1-mi.sections for each wheel path having an average international roughness index(IRI)value greater than 100 in.per mile to an IRI value of 100 in.per mile or less,unless otherwise shown on the plans. Re-profile and correct sections that fail to maintain ride quality,as directed. Correct re-profiled sections until specification requirements are met,as approved.Perform this work at no additional expense to the Department. 2 06-18 Statewide 300-011 G:t Special Prevision to Item 300 :::"....... , „,,., _ ._. _ Texas Asphalts, Oils, and Emulsions Ar Item 300,"Asphalts,;Oils,and Emulsions,"of the Standard Specifications,is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 300.2.4.,"emulsified Asphalt,"is supplemented by the following. ,..., Table 7A Surface Performance-Grade Emulsified Asphalt Grade Test HFRS.2(SPG xyi) CRS•2(SPG xy) CHFRS-2 SPG xy) - Procedure Min Max Min Max Min 1 Max r,,.., Tests on emulsions: . - Viscosity,Saybolt Furol at 50°C,SFs2 T 72 150 400 150 400 150 400- . Storage stability test,24 h.,%2 T 59 1 4 1 1 Demulsibility,35 mL,0.02 N CaCl2,% T 59 60 --- Demulsibility,35 m4,0.8%dioctyl sodium 159 � 60 60 sulfosuccinate, Particle charge test� � T 59 positive motive Sieve test,%2 159 0.10 0.10 0.10 Residue recovery PP 72, . Residue,% Procedure 65 65 65 B Tests on recovered res�due: . Residue properties Meet the SPG in Table 17A,except the Max phase an le is 843 Solubility in trichloroethylene,% T 44 97.5 97.5 ._. Float test,60°C,sec.4 150 1,200 I I I I 1,200 1. X is the average 7-0ay maximum pavement surface design temperature,and y is the minimum pavement surface design temperature used in Table 17A. 2. This test requirement on representative samples is waived if successful application of the material has been achieved in the field. r_ 3. Meet original performance properties and PAV residue requirements only 4. If float test is less than 1,200 sec.using PP 72,Procedure B,for residue recovery,then use T 59 for residue recovery. (414'1', (rifft' (414k A4*, 1 -2 09-16 OTU ,...., 300-011 Section 300.2.10.,"Performance-Graded Binders,"is supplemented by the following. Table 17A Surface Performance Grade(SPG)Specification Surface Performance Grade SPG 73 SPG 79 SPG 67 -13 -19 -25 -31 -13 -19 -25 -31 -13 -19 -25 -31 Average 7-day Max pavement surface <67 <73 <79 design temperature',°C Min pavement surface design >-13 >-19 >-25 >-31 >-13 >-19 >-25 >-31 >-13 >-19 >-25 >-31 temperature,°C Original Binder Flash point temp,T 48,Min,°C 230 Viscosity,T 3162: 205 Max 0.15 Pa*s,test temp.,°C Original Performance Properties Dynamic Shear,T 315: 67 73 79 G*Isin8,Min 0.65 kPa, Test temp @ 10 rad/s,°C Phase angle3(s),Max,@ temp.where — 80 80 80 80 80 80 80 80 80 80 80 G*/sino=0.65 kPa Pressure Aging Vessel(PAV)Residue(R 28) PAV aging temperature,°C 100 100 100 Creep stiffness,T 313: -13 -19 -25 -31 -13 -19 -25 -31 -13 -19 -25 -31 S,Max 500 MPa, Test temp.@ 8 sec.,°C 1. Temperatures are at the surface of the pavement structure.These may be determined from experience or may be estimated using equations developed by SHRP or LTPP, but modified to represent surface temperatures.Surface-grade high temperatures are generally 3*C to 4*C greater than those determined for Superpave PG binders. 2. The referee method will be AASHTO T 316 using a#21 spindle at 50 r/min,however alternate methods may be used for routine testing and quality assurance. 3. Phase angle is determined at the temperature where G*/sin b=0.65 kPa.For routine testing and quality assurance,the phase angle can be interpolated from testing at two temperatures,one above and one below where G*/sin 5=0.65 kPa. 2-2 09-16 OTU (*.it., 316-002 Special Prevision to Item 316 :... - � Seal Coat Alronian --- Thwas Item 316,"Seal Coal"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 4.8,"Asphalt Placement"is supplemented by the following: --- 4.8.5. collect all samples in accordance with Tex-500-C,"Sampling Bituminous Materials,Pre-Molded Joint Fillers, end Joint Sealers"from the distributor and with witness by the Engineer. t least once per project,collect split samples of each binder grade and source used. The Engineer will tow., Submit one split sample to MTD for testing and retain the other split sample. -- In addition,collect one sample of each binder grade and source used on the project for each production day. es'i*, the Engineer will retain these samples. The Engineer will keep all retained samples for one yr.,for hot-applied binders and cutback asphalts;or for r'''' wo mo.,for emulsified asphalts.The Engineer may submit retained samples to MTD for testing as necessary _. r as requested by MTD. (011% r", (0111*, 1 -1 07-19 r_M Statewide ---- 341-003 Special Provision to Item 341 ...... Dense-Graded Hot-Mix Asphalt , Trvizat:ient , For this project, Item 341,"Dense-Graded Hot-Mix Asphalt,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. --- Section 341.2.5.,"Tack Coat."The first paragraph is voided and replaced by the following. Furnish CSS-1 H,SS-1 H,or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance --- with Item 300,"Asphalts,Oils,and Emulsions."Specialized tack coat materials listed on the Department's MPL are allowed or required when shown on the plans.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. Section 341.4.1.,"Certification."The paragraph is voided and replaced by the following. ---. Certification.Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs,sampling,and testing in accordance with Table 6. Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made.Provide a mixture design developed and signed by a Level 2 certified specialist. Provide Level 1A certified specialists at the plant during production operations.Provide Level 1 B certified specialists to conduct placement tests. Provide Level AGG101 certified specialists for aggregate testing. Table 6,"Test Methods,Test Responsibility,and Minimum Certification Levels"is voided and replaced by the following. 1 -5 07-19 Statewide 341-003 _ ... Table 6 ,_ Test Methods,Test Responsibility,and Minimum Certification Levels Test Description Test Method I Contractor Engineer Level 1.Aggregate and Recycled Material Testing - Sampling Tex221F I I 1A/AGG101 Dry sieve ' Tex-20Q-F,Part I I I 1A/AGG101 Washed seve Tex-200-F,Part II I I 1A/AGG101 Deleterious material Tex 217 F Parts I&Ill I I AGG101 Decantation Tex-217-F,Part II i i AGG101 Los Angeles abrasion Tex-410-A I TxDOT Magnesium sulfate soundness Iex411A I TxDOT Micro-Deval abrasion Tex-461-A I AGG101 Crushed face count Tex-460-A I I AGG101 -Flat and elongated particles Tex-280-F I I AGG101 Linear shrinkage Tex 107 E I I AGG101 Sand equiialent Tex-203-F I I AGG101 Organic i purities Tex-408 A I I AGG101 "y 2.Asphalt Binder&Tack Coat Sampling ,_ Asphalt binder sampling Tex-500-C,Part II i I IA/lB Tack coat sampling Tex-5Q0-C,Part III I i IA/lB .. 3.Mix Design&Verification Design and JMF changes Tex-204-F I I 2 Mixing Tex-205-F i I 2 Molding(TGC) Tex 206 F I I 1A Molding(SGC) Tex-24 -F,„, I I 1A (41"', Laboratory-molded density Tex-207-F,Parts I&VI I I 1A Rice gravity Tex-227-F,Part II I I 1A Ignition oven correction factors2 Tex236-F,Part II I I 2 Indirect tensile strength Tex-226-F I I 1A _ Hamburg Wheel test Tex-242-F I I 1A Boil test 1 Tex-530-C I I 1A 4.Production Testin•Selecting production random numbers Tex225-F,Part I I lA " Mixture sampling Tex-222-F I I 1A/1B Molding(TGC) Tex-2Q6-F I I lA Molding(SGC) Tex-241-F I I lA Laboratory-molded density Tex-207-F,Parts I&VI I I lA Rice gravity Tex-227-F,Part II I I 1A - Gradation&asphalt binder content2 Tex-236-E,Part I I I 1A Control charts Tex-233-F I I 1A Moisture content Tex-212-F,Part II I I 1A/AGG101 Hamburg Wheel test Tex 242 F I I 1A Micro-Deval abrasion Tex-461-A I AGG101 Boil test Tex-530-C I I 1A Abson recovery Tex-211-F I TxDOT 5.Placement Testin• Selecting placement random numbers Tex-225-F,Part II I 1 B - In-place air voids Tex-207-F,Parts I&VI I I 1A In-place density(nuclear method) Tex-207-F,Part III i lB Establish rolling pattern Tex-207-F,Part IV i lB Control charts Tex 233F I I 1A (411 ' Ride quality measurement Iex.1001-S I I Note 3 Segregation(density profile) Teç207-F,Part V i i lB Longitudinal joint density Tex-207-F,Part VII i i lB ,.�.. Thermal profile Tex-244-F i i lB 1. Level 1A,1B,AGG101,and 2 are certification levels provided by the Hot Mix Asphalt Center certification - , program. 2. Refr to Section 341.4.9.2.3.,"Production Testing,"for exceptions to using an ignition oven. 3. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified. 2-5 07-19 __. Statewide 341-003 Section 341.4.5.2.,Mixing and Discharge of Materials."The first paragraph is voided and replaced by the following. Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target.Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F(or 275°F for WMA).The ...__, Department will not pay for or allow placement of any mixture produced above 350°F. Section 341.4.7.2.,"Tack Coat."The paragraph is voided and replaced by the following. 4.7.2.1. Application.Clean the surface before placing the tack coat.The Engineer will set the rate between 0.04 and 0.10 gal. " m of residual asphalt per square yard of surface area.Apply a uniform tack coat at the specified rate unfess otherwise directed.Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns.Apply the tack coat to all surfaces the will come in contact with the subsequent HMA placement,unless otherwise directed. Allow adequate time for emulsion to break completely before placing any material. Prevent splattering of tack coat when placed adjacent to curb,gutter,and structures.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. 4.7.2.2. Sampling.The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C,Part III,and test it to verify compliance with Item 300,"Asphalts,Oils,and Emulsions."The Engineer will obtain the sample from the asphalt distributor immediately before use. For emulsions,the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or equal to the specification requirement in Item 300,"Asphalts,Oils,and Emulsions." Section 341.4.7.3.1.3.,"Thermal Camera,"is voided and replaced by the following. Take immediate corrective action to eliminate recurring moderate thermal segregation when a hand-held thermal camera is used.Evaluate areas with moderate thermal segregation by performing density profiles in accordance with Section 341.4.9.3.3.2.,"Segregation(Density Profile)."Provide the Engineer with the thermal profile of every sublot within one working day of the completion of each lot.Report the results of each thermal profile in accordance with Section 341.4.2., "Reporting and Responsibilities."When requested by the Engineer,provide the electronic files generated using the thermal camera.The Engineer will use a hand-held thermal camera to obtain a thermal profile at least once per project.No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains severe thermal segregation. Suspend operations and take immediate corrective action to eliminate severe thermal segregation unless otherwise directed. Resume operations when the Engineer determines that subsequent production will meet the requirements of this Section. Evaluate areas with severe thermal segregation by performing density profiles in accordance with Section 341.4.9.3.3.2. Remove and replace the material in any areas that have both severe thermal segregation and a failing result for Segregation(Density Profile)unless otherwise directed.The sublot in question may receive a production and placement payment adjustment greater than 1.000,if applicable,when the defective material is successfully removed and replaced. Section 341.4.9.2.2.2.,"Informational Cantabro and Overlay Testing,"is voided and is not replaced. ._.. 3-5 07-19 Statewide 341-003 .- Table 14,"Product on and Placement Testing Frequency," is voided and replaced by the following. (4"k, Table 14 Production and Placement Testing Frequency Description Test Method Minimum Contractor Minimum Engineer Testing Frequency Testing Frequency Individual%retained for#8 sieve and larger Tex-200-F Individual%retained for sieves smaller or 1 per sublot 1 per 12 sublotsl than#8 and larger than#200 Tex-236-F ,,,k passing t e#200 sieve Laboratory- olded density Laboratory- olded bulk specific gravity Tex-207-F In-place air oids N/A 1 per sublot1 VMA Tex-204.F Segregation(density profile)2 Tex207-F Part V 1 per sublot Longitudinal joint density Tex207-F,Part VII 1 per project (4""k, Moisture co tent Tex-212-F,Part II When directed Theoretical aximum specific(Rice) Tex-227-F N/A 1 per sublot' gravity Asphalt bin'er content Tex-236-F 1 per sublot 1 per loll Hamburg Wheel test Tex-242-F N/A Recycled Asphalt Shingles(RAS)3 Tex-217-F,Part III N/A Thermal profile2 Tex-244-F 1 per sublot Asphalt binder sampling and testing Tex-500-C Part II 1 per lot 1 per project (sample only) Tack coat sampling and testing Tex-50OC,Part III N/A Boil testy � Tx530-C 1 per lot 1. For production defined in Section 341.4.9.4.,"Exempt Production,"the Engineer will test one per day if 100 tons or more are produced.For Exempt Production,no testing is required when less than 100 tons are produced. 2. Not required when a thermal imaging system is used. 3. Testing performed by the Construction Division or designated laboratory. .--- 4. The Engineer may reduce or waive the sampling and testing requirements based on a satisfactory test history. Section 341.4.9.3.3 2.,"Segregation(Density Profile)."The second paragraph is voided and replaced by the following. '^ Perform a minimum of one density profile per sublot.Perform additional density profiles when any of the following conditions occur,unless othe ise approved: ■ the paver stops or more than 60 sec.; ('"`, ■ either the Contr-ctor or the Engineer identifies areas with thermal segregation;or • any visibly segr:gated areas exist. Section 341.4.9.4., 'Exempt Production."The second paragraph is voided and replaced by the following. For exempt producti n,the Contractor is relieved of all production and placement sampling and testing requirements,except for coring,and the production and placement pay factors are 1.000.All other specification requirements apply,and the Engineer will perform acceptance tests for production and placement listed in Table 14 when 100 tons or more per day are produced. 4-5 07-19 .--- Statewide r•, 341-003 Section 341.5.,"Measurement,"is voided and replaced by the following. 5.1 Dense Graded Hot-Mix Asphalt.Hot mix will be measured by the ton of composite hot-mix,which includes asphalt, aggregate,and additives.Measure the weight on scales in accordance with Item 520,"Weighing and Measuring Equipment." 5.2 Tack Coat.Tack coat will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume in gallons from the calibrated distributor.The Engineer will witness all strapping operations for volume determination.All tack, including emulsions,will be measured by the gallon applied. The Engineer may allow the use of a metering device to determine asphalt volume used and application rate if the device is accurate within 1.5%of the strapped volume. Section 341.6.,"Payment,"the first paragraph is voided and replaced with the following. The work performed and materials furnished in accordance with this Item and measured as provided under Section 341.5.1, "Measurement,"will be paid for at the unit bid price for"Dense Graded Hot-Mix Asphalt'of the mixture type,SAC,and binder specified.These prices are full compensation for surface preparation,materials, placement,equipment,labor,tools,and incidentals. Section 341.6.,"Payment,"is supplemented by the following. The work performed and materials furnished in accordance with this Item and measured as provided under Section 341.5.2, "Measurement,"will be paid for at the unit bid price for"Tack Coat"of the tack coat provided.These prices are full compensation for materials,placement,equipment,labor,tools,and incidentals. Section 341.6.2.2.,"Placement Sublots Subject to Removal and Replacement."The second paragraph is voided and replaced by the following. The bulk specific gravity of each core will be divided by the Engineer's average maximum theoretical specific gravity for that lot to determine the new payment adjustment factor of the sublot in question. If the new payment adjustment factor is 0.700 or greater, the new payment adjustment factor will apply to that sublot. If the new payment adjustment factor is less than 0.700,no payment will be made for the sublot.Remove and replace the failing sublot,or the Engineer may allow the sublot to be left in place without payment.The Engineer may also accept the sublot in accordance with Section 5.3.1.,"Acceptance of Defective or Unauthorized Work."Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. ,4111%, 5-5 07-19 Statewide 427-003 .- '''''', Special Prevision to Item 427 ��.����-� ® Surface Finishes for Concrete �. � µ Item 427,"Surface Finishes for Concrete"of the Standard Specifications is amended with respect to the clauses cited below.No r11"', other clauses or requirements of this Item are waived or changed. (0.k, Article 427.2.1 "Co#tings,"is supplemented with the following: --- Epoxy Waterproofiig.Provide Type X Epoxy per DMS-61 00"Epoxies and Adhesives." Match color of coating with Federal Standard 595C colo 35630,concrete gray,unless otherwise shown on the plans. - - Article 427.4.2.2"Application,"is supplemented with the following: Epoxy Waterproofing.Mix epoxy per manufacturer's instructions. Apply the coating on a dry surface at a maximum application fl."*' rate of 100 sq.ft per gallon. Apply a thin uniform film of mixed epoxy to the substrate by the use of a short nap roller or brush. The epoxy may be sprayed following the thinning requirements of the manufacturer. No more than 15%reduction is permitted. ----- Match the color of the applied coating with the color standard shown on the plans. Apply when ambient temperature is between -^ 50°F and 100°F. ..__ Article 427.E"Payment,"the second paragraph is voided and replaced in its entirety with: When a surface finisi for concrete is specified as a pay item,the work performed and materials furnished in accordance with this Item and measured Os provided under"Measurement"will be paid for at the unit price bid for"Adhesive Grout Finish,""Concrete Paint Finish,""Opaque Sealer Finish,""Silicone Resin Paint Finish,""Epoxy Waterproof Finish,"or"Blast Finish."This price is full compensation for mteriaIs;cleaning and preparing surfaces;application of materials;and equipment,labor,tools,and incidentals. ' r'* (oft', 1 -1 12-19 _—LL Statewide ---- 462-002 Special Provision to Item 462 ....... = Concrete Box Culverts and Drains �� lion Item 462,"Concrete Box Culverts and Drains,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Section 2.1.,"General."The last paragraph is voided and replaced with the following: Furnish material for precast formed and machine-made box culverts in accordance with DMS-7305,"Fabrication and --� Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Sections 2.2.2.,"Formed Precast,"and 2.2.3.,"Machine-Made Precast,"are voided and replaced by the following. 2.2.2 Precast.Precast formed and machine—made box culvert fabrication plants must be approved in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures."The Construction Division maintains a list of approved precast box culvert fabrication plants on the Department's MPL.Fabricate precast boxes in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Sections 2.3.2.,"Formed Precast,"and 2.3.3.,"Machine-Made Precast,"are voided and replaced by the following. 2.3.2 Precast.Make,cure,and test compressive test specimens for precast formed and machine—made box culverts in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures. Section 2.5.,"Marking,"the first paragraph is voided and replaced with the following. Marking.Clearly mark each precast unit with the following: • Name or trademark of fabricator and plant location; • ASTM designation and product designation(when applicable); • Date of manufacture, • Box size, • Minimum and maximum fill heights, • Designation"TX"for precast units fabricated per DMS-7305, • Fabricator's designated approval stamp for each approved unit, • Designation"SR"for boxes meeting sulfate-resistant concrete plan requirements(when applicable),and ---- • Precast drainage structures used for jacking and boring(when applicable). Section 2.6.,"Tolerances."The section is voided and replaced with the following. Ensure precast sections meet the permissible variations listed in ASTM C1577. Ensure that the sides of a section at each end do not vary from being perpendicular to the top and bottom by more than 1/2 in. when measured diagonally between opposite interior corners. Deviations from this tolerance will be acceptable if the sections can be fitted at the plant and the joint opening at any point does not exceed 1 in. Use match-marks for proper installation on sections that have been accepted in this manner. Ensure wall and slab thicknesses are not less than shown on the plans except for occasional deficiencies not greater than 3/16 in.or 5%,whichever is greater. If proper jointing is not affected,thicknesses in excess of plan requirements are acceptable. 1 08/19 Statewide ' 4.i.', 1 462-002 Section 2.7.,"Defeats and Repair."The section is voided and replaced with the following: Fine cracks on the s rface of members that do not extend to the plane of the nearest reinforcement are acceptable unless the cracks are numerous and extensive.Repair cracks that extend into the plane of the reinforcing steel in accordance with the Department's Concr te Repair Manual.The Engineer may accept boxes with repairs that are sound,properly finished,and cured in conformance with pertinent specifications. Discontinue further production of precast sections until corrections are made and proper curing is prodded when fine cracks on the surface indicate poor curing practices. r^ Repair precast boxes in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." `4**., Section 2.8.,"Storge and Shipment."This section is voided and replaced with the following: 2.8 Storage ad Shipment.Store precast sections on a level surface. Do not place any load on the sections until design strength is reached and curing is complete. Store and ship precast boxes in accordance with DMS-7305,"Fabrication and Qualification Production for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures. - - (ow, ,„, ,, pos*, to*, ,, 2 08/19 e''''''', Statewide _ , 464-001 Special Provision to Item 464 --� Reinforced Concrete PipeArDezarment Item 464,`Reinforced Concrete Pipe,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. -- Section 2.1.,"Fabrication."The section is voided and replaced with the following. Fabrication plants must be approved by the Materials and Tests Division in accordance with DMS-7305,"Fabrication and ,�•, Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures,"before furnishing precast reinforced concrete pipe for Departmental projects.The Department's MPL has a list of approved reinforced concrete pipe plants. Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.3.,"Marking."The first paragraph is voided and replaced with the following. ,..,, Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Ty- ▪ Class or D-Load of pipe, • ASTM designation, • Date of manufacture, • Pipe size, • Name or trademark of fabricator and plant location, • Designation"TX"for precast units fabricated per DMS-7305; • ▪ Designated fabricator's approval stamp for each approved unit, • Pipe to be used for jacking and boring(when applicable),and • Designation"SR"for pipe meeting sulfate-resistant concrete plan requirements(when applicable). Section 2.5.,"Causes for Rejection."The section is voided and replaced with the following. Individual sections of pipe may be rejected for any of the conditions stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.6.,"Repairs."The section is voided and replaced with the following: --W Make repairs,if necessary,as stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." 1 08-19 Statewide 5O20O7 Special Prevision to Item 502 :_ Barricade , Signs and Traffic Handling 'Department -- Item 502,"Barricade,Signs and Traffic Handling"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no ether clauses or requirements of this Item are waived or changed hereby. Article 502.1.,"Description,"is supplemented with the following: --- The requirements ofthis Item do not include traffic control devices included as pay items in other specifications. Such traffic control devices include,but are not limited to Truck Mounted Attenuators and Trailer Attenuators,Portable Changeable Message Signs,and Portable Traffic Signals. 1 05-19 Statewide ---- 506-004 Special Provision to Item 506 ... Temporary Erosion, Sedimentation, and Environmental TransportationAprowrstment Controls Item 506,"Temporary Erosion,Sedimentation,and Environmental Controls,"of the Standard Specifications is amended with --- respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 506.1.,"Description."The second paragraph is voided and replaced by the following. Contractor is considered primary operator to have day-to-day operational control as defined in TPDES GP TXR150000. 1.1. For projects with soil disturbance of less than 1 acre,no submittal to TCEQ will be required but Contractor will follow SWP3. For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site.For projects with 4 soil disturbance of 5 acres or more a notice of intent(N01)is required and a large site notice posted at site.Postings will be in accordance with TPDES GP TXR150000. Postings not associated with project specific locations will be in same location as Department's postings. 1.2. Notice of Intent(N01).Submit a N01,if applicable,with the TCEQ under the TPDES GP TXR150000 at least 7 days prior to commencement of construction activities at the project site.Provide a signed copy to the Engineer and any other MS4 operators at the time of submittal.The Department will submit their N01 prior to contractor submission and will provide a copy for Contractor's use in completing the Contractor's N01 form. 1.3. Notice of Change(NOC). Upon concurrence of the Engineer,submit a NOC,if applicable,to the TCEQ within 14 days of discovery of a change or revision to the N01 as required by the TPDES GP TXR150000. Provide a signed copy of the NOC to the Engineer and any other MS4 operators at the time of submittal. 1.4. Notice of Termination(NOT). Upon concurrence of the Engineer,submit a NOT,if applicable,to the TCEQ within 30 days of the Engineer's approval that 70%native background vegetative cover is met or equivalent permanent stabilization have been employed in accordance with the TPDES GP TXR 150000. Provide a signed copy of the NOT to the Engineer and any other MS4 operators at the time of submittal. Section 506.3.3.,"Training,"is supplemented by the following: Training is provided by the Department at no cost to the Contractor and is valid for 3 yr.from the date of completion.The Engineer may require the following training at a frequency less than 3 yr.based on environmental needs: • "Environmental Management System:Awareness Training for the Contractor"(English and Spanish)(Approximate running time 20 min.),and • "Storm Water:Environmental Requirements During Construction"(English and Spanish)(Approximate running time 20 min.). --~ The contractor responsible person environmental(CRPE),alternate CRPE designated for emergencies,Contractor's superintendent,Contractor,and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and complete the training listed below and provide the certificate of completion to the Engineer before performing soil disturbing or SWP3 activities on the project.Training is provided by a third party and is valid for 3 years from the date shown on the Certificate of Completion.Coordinate enrollment as prescribed by the Department and pay associated fees for the following training: • "Revegetation During Construction" • "Construction General Permit Compliance,"and 1 -2 04-18 Statewide 506-004 6 a "Construction on Stage Gate Checklist(CSGC). Trainingandassociated fee will not be measured orpaid for directlybut subsidiaryto this Item. ,e�e�o�r r r7 f'fR �,��ye•u mmm �frMir'fHn"µ • r5'�sTST»H ,IAIu.4rvLNr'r'r'nr6f6rdp�pl dl`i"r�^irmr r s7Y� .1f6'V n r'r'a• �gfY,avr r'i•e•,a�+F1'S$ �ea.,euMmo�awWp ,,a,mv r NJ'h�7y djdl'iPaN"�vvuwsr� �,g[cay.WM�v �gOms rv�•ram§ F�VNr•icwkNG�a. 1r�Far.Nw,NT's'JrC�1f%�� 1 i** 2-2 04-18 - v Statewide q�[W Nrw•a vvw�say -- 520-001 Special Provision to Item 520 _ - �- Weighi ng and Measuring Equipment AprDerment For this project, Item 520,"Weighing and Measuring Equipment,"of the Standard Specifications, is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby. Section 520.2.,"Equipment"The third paragraph is voided and replaced by the following. Calibrate truck scales using weights certified by the Texas Department of Agriculture(TDA)or an equivalent agency as --- approved.Provide a written calibration report from a scale mechanic for truck scale calibrations. Cease plant operations during the checking operation.Do not use inaccurate or inadequate scales.Bring performance errors as close to zero as practicable when adjusting equipment. .__ 1 -1 01-20 Statewide 540-001 _— Special Provision to Item 540 0 ,..,, Metal Beam Guard Fence Arfr rtat' exasion /4"*" Item 540,"Metal Be m Guard Fence"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or req irements of this Item are waived or changed. __.. Article 540.4.7,"M asurement,"is voided and replaced with the following: bong Span System.Measurement will be by each long span system,complete in place. Each long span System will be from the first CRT to the last CRT in the system. ioil*,, fo's*, 01-19 Statewide 666-007 Special Provision to Item 666 ••.:: --- Retroreflectorized Pavement Markings Texas Ar � Item 666,"Retroreflectorized Pavement Markings,"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 2.3.,"Glass Traffic Beads."The first paragraph is voided and replaced by the following: Furnish drop-on glass beads in accordance with DMS-8290,"Glass Traffic Beads,"or as approved. Furnish a double-drop of Type II and Type III drop-on glass beads for longitudinal pavement markings where each type bead is applied separately in equal portions(by weight),unless otherwise approved.Apply the Type III beads before applying the Type II beads.Furnish Type II beads for work zone pavement markings and transverse markings or symbols. Section 4.3.1.,"Type I Markings.,"is supplemented by the following: _--_ 4.3.1.3.Spot Striping.Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans. Section 4.3.2.,"Type II Markings.,"is supplemented by the following: 4.3.2.1.Spot Striping.Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans. Section 4.4.,"Retroreflectivity Requirements.,"is voided and replaced by the following. Type I markings for Contracts totaling more than 20,000 ft.of pavement markings must meet the following minimum retroreflectivity values for all longitudinal edgeline,centerline or no passing barrier-line,and lane line markings when measured any time after 3 days,but not later than 10 days after application. • White markings:250 millicandelas per square meter per lux(mcd/m2/lx) • Yellow markings: 175 mcd/m2/Ix Retroreflectivity requirements for Type I markings are not required for Contracts with less than 20,000 ft.of pavement markings or Contracts with callout work,unless otherwise shown on the plans. Section 4.5.,"Retroreflectivity Measurements.,"is voided and replaced by the following: Use a mobile retroreflectometer to measure retroreflectivity for Contracts totaling more than 50,000 ft.of pavement markings, unless otherwise shown on the plans. For Contracts with less than 50,000 ft.of pavement markings,mobile or portable retroreflectometers may be used at the Contractor's discretion.Coordinate with and obtain authorization from the Engineer before starting any retroreflectivity data collection. Section 4.5.1.,"Mobile Retroreflectometer Measurements."The last paragraph is voided and replaced by the following. Restripe again at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements.Take measurements every 0.1 miles a minimum of 10 days after this third application within that mile segment for that series of markings. If the markings do not meet minimum retroreflectivity after this third application,the Engineer may require removal of all existing markings, a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met. 1 -2 02-18 Statewide 666-007 Section 4.5.2.,"Potable Retroreflectometer Measurements."The first and second paragraphs are voided and replaced by the following. Provide portable me surement averages for every 1.0 mile unless otherwise specified or approved.Take a minimum of 20 measurements f r each 1-mi.section of roadway for each series of markings(e.g.,edgeline,center skip line,each line of a double line)and dirction of traffic flow when using a portable reflectometer.Measure each line in both directions for centerlines on two-way roadways(i.e.,measure both double solid lines in both directions and measure all center skip lines in both directions).The spading between each measurement must be at least 100 ft.The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results.The Engineer may require the original number of measurements if concerns arise. Restripe at the Contactor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the averages of these measurements fail. ake a minimum of 10 more measurements after 10 days of this second application within that mile segment - --. for that series of ma kings.Restripe again at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the avera�e of these measurements falls below the minimum retroreflectivity requirements. If the markings do not meet minimum retro effectivity after this third application,the Engineer may require removal of all existing markings,a new -- application as initiall specified,and a repeat of the application process until minimum retroreflectivity requirements are met. Section 4.6."Perfo mance Period."The first sentence is voided and replaced by the following: . _. All longitudinal markings must meet the minimum retroreflectivity requirements within the time frame specified.All markings must meet all other performance requirements of this specification for at least 30 calendar days after installation. Article 6."Payment."The first two paragraphs are voided and replaced by the following. The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the un t price bid for"Pavement Sealer"of the size specified;"Retroreflectorized Pavement Markings"of the type r011', and color specified end the shape,width,size,and thickness(Type I markings only)specified,as applicable;"Retroreflectorized Pavement Markings with Retroreflective Requirements"of the types,colors,sizes,widths,and thicknesses specified; "Retroreflectorized rofile Pavement Markings"of the various types,colors,shapes,sizes,and widths specified;or"Reflectorized Pavement Marking( all Out)"of the shape,width,size,and thickness(Type I markings only)specified,as applicable;or "Pavement Sealer( all Out)"of the size specified. This price is full compensation for materials,application of pavement markings,equipment,labor,tools,and incidentals. (0"., 2-2 02-18 Statewide .•., 680-006 Special Provision to Item 680 Highway Traffic SignalsAvorramportar...., lion --- Item 680,"Highway Traffic Signals"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. --- Article 680.3.1.1.2,"Conduit,"The fourth sentence of the first paragraph is voided and replaced by the following. 4' Seal the ends of each conduit with approved sealant,after all cables and conductors are installed. 1 -1 04-18 Statewide 5001 0 Special Specification 5001 __.. - Geogrid 130se Reinforcement 1. DESCRIPTION furnish and place geogrid base reinforcement in accordance with the lines and grades shown on the plans r as directed. 2. MATERIALS '",,,..' Provide geogrid base reinforcement,of the type shown on the plans,meeting the requirements of DMS-6240 `1Geogrid for Base/Embankment Reinforcement." Use roll widths and lengths shown on the plans or as approved. - - 3. CONSTRUCTION foil'', repare the subgrade as indicated on the plans or as directed. Set string lines for alignment if directed. geogrid in accordance with the lines and grades as shown on the plans. Place base material in lifthicknesses and compact as shown on the plans or as directed. Do not operate tracked construction Install quipment on the geogrid until a minimum fill cover of 6 in.is achieved. Rubber tire construction equipment ay operate directly on the geogrid at speeds of less than 5 mph if the underlying material will support the løads. Where excessive substructure deformation is apparent,correct grid placement operations as riecommended by the manufacturer or as directed 3.1. Oeogrid Placement.Orient the geogrid length as unrolled parallel to the direction of roadway. Overlap Placement eogrid sections as shown on the plans or as directed. Use plastic ties at overlap joints or as directed. of geogrid around corners may require cutting and diagonal lapping. Pin geogrid at the beginning Øf the backfill section as directed. Keep geogrid taut at the beginning of the backfilling section but not _riestrained from stretching or flattening. 3.1.1. Longitudinal Joints.Overlap longitudinal joints by a minimum of 1 ft. Space longitudinal ties 10 ft.to 20 ft. r as directed. 3.1.2. Transverse Joints.Overlap transverse joints by a minimum of 1 ft. Space transverse ties 4 ft.to 5 ft.or as r_ directed. 3.2. Damage Repair.As directed,remove and replace contractor damaged or excessively deformed areas toil'', without additional compensation. Lap repair areas a minimum of 3 ft in all directions. Tie each side of repair arid in at least 3 locations but do not exceed normal construction spacing;tie spacing for odd shapes will be -Os directed. Repair excessively deformed materials underlying the grid as directed 4. MEASUREMENT r'^ Geogrid base reinforcement will be measured by the square yard of roadway placement as shown in the _ v plans with no allowance for overlapping at transverse and longitudinal joints. 5. PAYMENT 'the work performed and materials furnished in accordance with this Item and measured as provided under - '9Measurement"are paid for at the unit bid price for"Geogrid Base Reinforcement"of the type specified. This 1 11-14 w ,. Statewide 5001 price is fullcompensation forfurnishing, and including labor,materials,.x' freight,tools,equipment and incidentals. ,ulu��'fP ft'rl�� NPCNNuypr� ,��3r°nNs'rr r rru �M4�V�NNNwN� .G'rrPwavrnyg. Fi`Y�^Va�ava��. �a[wmNa , .wm¢r r i�sNnjn�niY �dtd§i vwva�s•yt r4R�•'rwranV{ �WNNNNv^YM¢"0�� } P6.6V'�vbR �Nl NV'r'rl'V¢riGyil� ,i�daMnv�. �$U�F1 tvy�ys.>sp� YNNNrN riyIIIIVR"'A�c W Neer p,rsl•. 2 11-14 Statewide 6002 Special Specification 6002 _ ,, ,^ Video Imaging Vehicle Detection System 4,71::„,„frnent 1. DESCRIPTION Install a Video Imaging Vehicle Detection System(VIVDS)that monitors vehicles on a roadway via processing of video images and provides detector outputs to a traffic controller or similar device. Al VIVDS configuration for a single intersection will consist of variable focal length cameras,VIVDS card rack _ processor system,and all associated equipment required to setup and operate in a field environment, ,,., iicluding a video monitor and laptop(if required),connectors,and camera mounting hardware. the system is composed of these principal items:the cameras,the field communications link between the camera and the VIVDS processor unit,and the VIVDS processor unit along with a PC,video monitor,or associated equipment required to setup the VIVDS and central control software to communicate to the IVDS processor. The VIVDS Card Rack Processor must be either NEMA TS 2 TYPE 1 or TYPE 2.TYPE 2 must have RS 485 SDLC. 2. DEFINITIONS 2.1. VIVDS Processor Unit.The electronic unit that converts the video image provided by the cameras, generates vehicle detections for defined zones,and collects vehicular data as specified. 2.2. '?IVDS Processor System.One or more VIVDS processor modular units required to handle the number of ¶amera inputs. 2.3. central Control.A remotely located control center,which communicates with the VIVDS.The VIVDS eoik, perator at the central control has the ability to monitor the operation and modify detector placement and onfiguration parameters.The equipment that constitutes central control is comprised of a workstation microcomputer along with the associated peripherals as described in this Special Specification. 2.4. Meld Setup Computer.A portable microcomputer used to set up and monitor the operation of the VIVDS processor unit. If required to interface with the VIVDS processor unit,the field setup computer with the associated peripherals described in this Special Specification and a video monitor,also described in this Special Specification,must be supplied as part of the VIVDS. 2.5. Meld Communications Link.The communications connection between the camera and the VIVDS ,_... processor unit.The primary communications link media may be coaxial cable or fiber optic cable. 2.6. Remote Communications Link.The communications connection between the VIVDS processor unit and r,.., the central control. r4"*., 2.7. camera Assembly.The complete camera or optical device assembly used to collect the visual image.The camera assembly consists of a charged coupled device(CCD)camera,environmental enclosure,sun shield, temperature control mechanism,and all necessary mounting hardware. 2.8. cclusion.The phenomenon when a vehicle passes through the detection zone but the view from the '^ Sensor is obstructed by another vehicle.This type of occlusion results in the vehicle not being detected by he sensor or when a vehicle in one lane passes through the detection zone of an adjacent lane.This type of cclusion can result in the same vehicle being counted in more than one lane. 1 09-14 Statewide --- 6002 2.9. Detection Zone.The detection zone is a line or area selected through the VIVDS processor unit that when occupied by a vehicle,sends a vehicle detection to the traffic controller or freeway management system. 2.10. Detection Accuracy.The measure of the basic operation of a detection system(shows detection when a vehicle is in the detection zone and shows no detection when there is not a vehicle in the detection zone). 2.11. Live Video.Video being viewed or processed at 30 frames per second. 2.12. Lux.The measure of light intensity at which a camera may operate.A unit of illumination equal to one lumen per square meter or to the illumination of a surface uniformly one meter distant from a point source of one candle. 2.13. Video Monitor.As a minimum must be a 9-in.black and white monitor with BNC connectors for video in and out. 3. FUNCTIONAL CAPABILITIES The system software must be able to detect either approaching or departing vehicles in multiple traffic lanes. r - A minimum of 4 detector outputs per video processor module card and each card must have a minimum of 24 detection zones.Each zone and output must be user definable through interactive graphics by placing lines or boxes in an image on a video or VGA monitor.The user must be able to redefine previously defined detection zones. The VIVDS must provide real time vehicle detection(within 112 milliseconds(ms)of vehicle arrival). The VIVDS processor unit must be capable of simultaneously processing information from various video sources,including CCTV video image sensors and video tape players.The video sources may be,but are -�-- not required to be,synchronized or line-locked.The video must be processed at a rate of 30 times per second by the VIVDS processor unit. .._ The system must be able to detect the presence of vehicles in a minimum of 12 detection zones within the combined field of view of all cameras(a minimum of 12 detection zones per camera input to the VIVDS processor unit). Provide detection zones that are sensitive to the direction of vehicle travel.The direction to be detected by -� each detection zone must be user programmable. The VIVDS processor unit must compensate for minor camera movement(up to 2%of the field of view at 400 ft.)without falsely detecting vehicles.The camera movement must be measured on the unprocessed video input to the VIVDS processor unit. The camera must operate while directly connected to VIVDS Processor Unit. µ^ Once the detector configuration has been downloaded or saved into the VIVDS processor unit,the video detection system must operate with the monitoring equipment(monitor or laptop)disconnected or online. When the monitoring equipment is directly connected to the VIVDS processor unit,it must be possible to view vehicle detections in real time as they occur on the field setup computer's color VGA display or the video monitor. 4. VEHICLE DETECTION 4.1. Detection Zone Placement.The video detection system must provide flexible detection zone placement anywhere within the combined field of view of the image sensors.Preferred presence detector configurations must be lines or boxes placed across lanes of traffic or lines placed in line with lanes of traffic.A single detector must be able to replace one or more conventional detector loops.Detection zones must be able to _... 2 09-14 Statewide 6002 1e fully overlapped. In addition,detection zones must have the capability of implementing"AND"and"OR" lgical functions including presence,extension and delay timing.These logical functions may be excluded if r,,.,, provisions are made to bring each detector separately into the controller and the controller can provide these functions. 4.2. detection Zone Programming.Placement of detection zones must be by means of a graphical interface using the video image of the roadway.The monitor must show images of the detection zones superimposed n the video image of traffic while the VIVDS processor is running. The detection zones must be created by using the mouse or keypad to draw detection zones on the monitor. - The detection zones must be capable of being sized,shaped and overlapped to provide optimal road coverage and detection. It must be possible to upload detector configurations to the VIVDS processor unit end to retrieve the detector configuration that is currently running in the VIVDS processor unit. The mouse or keypad must be used to edit previously defined detector configurations so as to fine tune the detection zone placement size and shape.Once a detection configuration has been created,the system __.. must provide a graphic display of the new configuration on its monitor.While this fine-tuning is being done, the detection must continue to operate from the detector configuration that is currently called. 1 When a vehicle occupies a detection zone,the detection zone on the live video must indicate the presence of vehicle,thereby verifying proper operation of the detection system.With the absence of video,the card6-lust have an LED that will indicate proper operation of the detection zones. a _ provide detection zones that are sensitive to the direction of vehicle travel.The direction to be detected by each detection zone must be user programmable.The vehicle detection zone should not activate if a vehicle gaveling any direction other than the one specified for detection occupies the detection zone. Cross-street end wrong way traffic should not cause a detection. (mi.k, 4.3. Design Field of View.The video detection system must reliably detect vehicle presence in the design field LL f view.The design field of view must be defined as the sensor view when the image sensor is mounted 24 Qt.or higher above the roadway,when the camera is adjacent(within 15 ft.)to the edge of the nearest vehicle ravel lane,and when the length of the detection area is not greater than 10 times the mounting height of the image sensor.Within this design field of view,the VIVDS processor unit must be capable of setting up a Single detection zone for point detection(equivalent to the operation of a 6 ft. x 6 ft.inductive loop).A single amera,placed at the proper mounting height with the proper lens,must be able to monitor up to and including 5 traffic lanes simultaneously. 4.4. etection Performance. Detection accuracy of the video detection system must be comparable to properly Operating inductive loops.Detection accuracy must include the presence of any vehicle in the defined f°111*, detection zone regardless of the lane,which the vehicle is occupying.Occlusion produced by vehicles in the ame or adjacent lanes must not be considered a failure of the VIVDS processor unit,but a limitation of the camera placement.Detection accuracy(a minimum of 95%)must be enforced for the entire design field of view on a lane by lane and on a time period basis.When specified on the plans,furnish up to 24 continuous sours of recorded video of all installed intersection cameras within the 30 day test period for verification of proper camera placement,field of view,focus,detection zone placement,processor setup and operation. The video from each camera must show vehicle detections for all zones. 4.5. equipment Failure. Either camera or VIVDS processor unit must result in constant vehicle detection on effected detection zones. 5 /IVDS PROCESSOR UNIT 5.1. abinet Mounting.The VIVDS processor unit must be rack mountable. - - 5.2. environmental Requirements.The VIVDS processor unit must be designed to operate reliably in the �J adverse environment found in the typical roadside traffic cabinet. It must meet the environmental -- 3 09-14 Statewide ,�•, 6002 requirements set forth by the latest NEMA(National Electrical Manufacturers Association)TS1 and TS2 . , standards as well as the environmental requirements for Type 170,Type 179 and 2070 controllers. Operating temperature must be from-30°F to+165°F at 0%to 95%relative humidity, non-condensing. 5.3. Electrical.The VIVDS must have a modular electrical design. The VIVDS must operate within a range of 89 to 135 VAC,60 Hz single phase. Power to the VIVDS must be from the transient protected side of the AC power distribution system in the traffic control cabinet in which the VIVDS is installed. Serial communications to the field setup computer must be through an RS 232,USB or Ethernet port.This port must be able to download the real time detection information needed to show detector actuations.A connector on the front of the VIVDS processor unit must be used for serial communications. The unit must be equipped with RS 170(monochrome)or RS170A(color)composite video inputs video ---. inputs,so that signals from image sensors or other synchronous or asynchronous video sources can be processed in real time.BNC connectors on the front of the VIVDS processor unit or video patch panel must be used for all video inputs. The unit must be equipped with a single RS 170 composite video output.This output must be capable of corresponding to any one of the video inputs,as selected remotely via the field setup computer or front panel switch.Multiple video outputs requiring external cable connections to create a combined single video output must not be acceptable.A BNC or RCA connector must be used for video output on the front of the processor unit.Any other video formats must be approved by a Department TRF Signal Operation Engineer before use. Software upgrades or changes must be presented to and approved by the Department's TRF-TM Division before use.Failure to do so will be grounds for termination of contract and probation for responsible partys. The unit software and the supervisor software must include diagnostic software to allow testing the VIVDS functions.This must include the capability to set and clear individual detector outputs and display the status ry� of inputs to enable setup and troubleshooting in the field. 6. CAMERA ASSEMBLY 6.1. Camera.The video detection system must use medium resolution,monochrome image sensors as the video source for real time vehicle detection.The cameras must be approved for use with the VIVDS processor unit by the supplier of the VIVDS.As a minimum,each camera must provide the following capabilities: • Images must be produced with a Charge Coupled Device(CCD)sensing element with horizontal ,••.., resolution of at least 480 lines for black and white or 470 lines for color and vertical resolution of at least 350 lines for black and white or color. Images must be output as a video signal conforming to RS170. • Useable video and resolvable features in the video image must be produced when those features have luminance levels as low as 0.1 lux for black and white,and as low as 1.0 lux for color,for night use. • Useable video and resolvable features in the video image must be produced when those features have luminance levels as high as 10,000 lux during the day. • The camera must include an electronic shutter or auto-iris control based upon average scene luminance TA~ and must be equipped with an electronic shutter or auto-iris lens with variable focal length and variable focus that can be adjusted without opening up the camera housing to suit the site geometry.The variable focal length must be adjustable from 6 mm to 34 mm. 6.2. Camera and Lens Assembly.The camera and lens assembly must be housed in an environmental enclosure that provides the following capabilities: • The enclosure must be waterproof and dust tight to the latest NEMA 4 specifications. .._ 4 09-14 Statewide 6002 .�. N The enclosure must allow the camera to operate satisfactorily over an ambient temperature range from -30°F to+140°F while exposed to precipitation as well as direct sunlight. The enclosure must allow the camera horizon to be rotated in the field during installation. The enclosure must include a provision at the rear of the enclosure for connection of power and video signal cables fabricated at the factory. Input power to the environmental enclosure must be nominally 115 VAC 60 Hz. A thermostatically controlled heater must be at the front of the enclosure to prevent the formation of ice and condensation,as well as to assure proper operation of the lens's iris mechanism.The heater must not interfere with the operation of the camera electronics,and it must not cause interference with the video signal. The enclosure must be light colored or unfinished and must include a sun shield to minimize solar heating.The front edge of the sunshield must protrude beyond the front edge of the environmental enclosure and must include provision to divert water flow to the sides of the sunshield.The amount of overhang of the sun shield must be adjustable to block the view of the horizon to prevent direct sunlight from entering the lens.Any plastics used in the enclosure must include ultra violet inhibitors. I■ The total weight of the image sensor in the environmental enclosure with sunshield must be less than 'oli., 10 lb. hWhen operating in the environmental enclosure with power and video signal cables connected,the image sensor must meet FCC class B requirements for electromagnetic interference emissions. the video output of the cameras must be isolated from earth ground.All video connections for the cameras the video interface panel must also be isolated from earth ground. Use waterproof,quick disconnect connectors to the image sensor for both video and power. rovide a camera interface panel capable of being mounted to sidewalls of a controller cabinet for protection r"'', f the VIVDS processor unit,camera video and power inputs/outputs.The panel must consist of,as a minimum,4 Edco CX06 coax protectors,an Edco ACP-340 for the cameras and VIVDS processor unit power,a 10 amp breaker,a convenience outlet protected the ACP-340 and a terminal strip with a minimum -f sixteen 8-32 binder head screws.The terminal strip must be protected by a piece of 1/8 in. Plexiglas. (When the connection between the image sensor and the VIVDS processor unit is coaxial cable,the coaxial Viable used must be a low loss,75 ohm,precision video cable suited for outdoor installation,such as Belden ¶281 or a Department-approved equal. camera mounting hardware must allow for vertical or horizontal mounting to the camera enclosure.Pelco S-0166-4-62 or equivalent is acceptable. 7. FIELD COMMUNICATION LINK The field communications link must be a one way communications connection from the camera to the equipment cabinet.The primary communications link media may be coaxial cable or fiber optic cable accompanied by a 3 conductor minimum 18 AWG,24 VDC or 115 VAC camera power cable,or appropriate cable as approved. The following requirements must govern for the various types of field communications link media described on the plans: --- 7.1. Coaxial Cable. In locations where the plans indicate coaxial cable is required as the primary Communications link,this cable must be of the RG 59 type with a nominal impedance of 75 ohms.All cable must have a polyethylene dielectric with copper braid shield having a minimum of 98%shield coverage and not greater than 0.78 dB attenuation per 100 feet at 10 MHz with a minimum 18 AWG external 3 conductor power cable or approved equivalent as directed. 5 09-14 Statewide 6002 7.2. Fiber Optic Cable. If shown on the plans,furnish fiber optic cable in accordance with the Special Specification for fiber optic cable. 7.3. Twisted Wire Pairs.Must be Belden 9556 or equivalent 18 AWG TWP control cable. All connection cables must be continuous from the equipment cabinet to the camera.No splices of any type will be permitted. Install lightning and transient surge suppression devices on the processor side of the field communications link to protect the peripheral devices.The suppression devices must be all solid state. Lightning protection is not required for fiber optic communication lines.The devices must present high impedance to,and must not interfere with,the communications lines during normal operation.The suppression devices must not allow the peak voltage on any line to exceed 300%of the normal operating peak voltage at any time.The response time of the devices must not exceed 5 nanoseconds. 8. VIVDS SET-UP SYSTEM The minimum VIVDS set-up system,as needed for detector setup and viewing of vehicle detections, must consist of a field setup computer and Windows based interface software(if required)or a video monitor with interface software built-in to the VIVDS processor unit.Live video(30 frames per second)must be available on the field setup computer to determine proper operation of detectors.The field set-up computer as a �-- minimum,must have an NTSC video input port or equivalent. If a field setup computer is required for system set-up,it must be supplied by the supplier of the VIVDS. The field setup computer must include all necessary cabling and a Windows based program to interface with the VIVDS processor unit.This software must provide an easy to use graphical user interface and support all --- models/versions of the supplied VIVDS. Live video with the detection overlaid is required for field verification of the system. 9. TEMPORARY USE AND RETESTING 9.1. Temporary Use.When shown on the plans,the VIVDS equipment must be used to provide vehicle detection .. _ on a temporary basis.When the permanent vehicle detection system and related equipment are installed and made operational,the VIVDS equipment must be carefully removed and delivered to the location shown on the plans. 9.2. State Retesting and Acceptance.Before acceptance,all VIVDS equipment may be retested by the �►, Department,even if the system was operating properly before removal. Repair or replace any equipment damaged during removal or transport and any equipment that does not meet the various test requirements. 10. OPERATION FROM CENTRAL CONTROL The central control must transmit and receive all information needed for detector setup,monitor the vehicle detection,view the vehicle traffic flow at a rate of 2 frames per second or greater for telephone,or 5 frames per second or greater for ISDN lines(as specified by the plans),and interrogate all required stored data.The remote communications link between the VIVDS processor unit and central control may be dial-up (telephone or ISDN lines)or dedicated twisted wire pair communications cable which may be accompanied with coaxial cable or fiber-optic cable,as shown on the plans. Communications with the central control must not interfere with the on-street detection of the VIVDS processor.Quality of the video at 2 frames per second rate must be such that the view with the traffic flow is clear and in focus. 6 09-14 Statewide 6002 11. INSTALLATION AND TRAINING The supplier of the video detection system must supervise the installation and testing of the video and computer equipment.A factory certified representative from the supplier must be on site during installation. fr the field setup computer is furnished by the Department,such installation and testing must be done at the ime that training is conducted. (011%, provide up to 2 days of training to personnel of the Department in the operation,setup and maintenance of the video detection system. Provide instruction and materials for a maximum of 20 persons and conduct at a location selected by the Department.The Department will be responsible for any travel and room and board expenses for its own personnel. (#111 nstruction personnel are required to be certified by the equipment manufacturer.The User's Guide is not an adequate substitute for practical,classroom training and formal certification by an approved agency. formal levels of factory authorized training are required for installers,contractors,and system operators.All training must be certified by the manufacturer. folk, 12. WARRANTY, MAINTENANCE,AND SUPPORT -- the video detection system must be warranted to be free of defects in material and workmanship for a period ✓ f 5 yr.from date of shipment from the supplier's facility.During the warranty period,the supplier must repair - With new or refurbished materials,or replace at no charge,any product containing a warranty defect provided the product is returned FOB to the supplier's factory or authorized repair site.Return product repair or replaced under warranty by the supplier with transportation prepaid.This warranty does not apply to products damaged by accident,improperly operated,abused,serviced by unauthorized personnel or unauthorized modification. uring the warranty period,technical support must be available from the supplier via telephone within 4 hr.of the time a call is made by a user,and this support must be available from factory certified personnel or factory certified installers. ,. Ongoing software support by the supplier must include updates of the VIVDS processor unit and supervisor oftware(if a field setup computer is required for set up).Provide these updates free of charge during the warranty period.The update of the VIVDS software to be NTCIP compliant must be included. The supplier must maintain a program for technical support and software updates following expiration of the warranty period.Make this program available to the Department in the form of a separate agreement for continuing support. he supplier must maintain an ongoing program of technical support for the wireless camera system.This echnical support must be available via telephone or personnel sent to the installation site. --- the supplier must maintain an adequate inventory of parts to support maintenance and repair of the camera ystem. 13. MEASUREMENT ✓ The VIVDS will be measured as each major system component furnished,installed,made fully operational, (01**, end tested in accordance with this Special Specification or as directed. (4#.1t, The VIVDS communication cable will be measured by the foot of the appropriate media type furnished, installed,made fully operational,and tested in accordance with this Specification,other referenced Special specifications or as directed. -- 7 0914 Statewide 6002 When the VIVDS is used on a temporary basis,the VIVDS will be measured as each system furnished, installed,made fully operational,including reconfiguration and removal if required by the plans,and tested in accordance with this Special Specification or as directed. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will --- be made if adjustments of quantities are required. When recorded video is required by the plans it will be paid for by each camera recorded. .- 14. PAYMENT The work performed,materials,and all accompanying software furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"VIVDS Processor System,""VIVDS Camera Assembly,""VIVDS Central Control,""VIVDS Set-up System,""VIVDS Temporary,""VIVDS Communication Cable(Coaxial),""VIVDS Communication Cable(Fiber Optic),"and "VIVDS Video Recording,"These prices are full compensation for furnishing,placing,and testing all materials and equipment,and for all tools,labor,equipment,hardware,operational software packages,supplies, support,personnel training,shop drawings,documentation,and incidentals.A 3-conductor power cable must be included with the communication cable. --- These prices also include any and all interfaces required for the field and remote communications links along with any associated peripheral equipment,including cables;all associated mounting hardware and associated field equipment;required for a complete and fully functional visual image vehicle detection system ---- component. ._. . 8 09-14 Statewide 6090 ._ Special Specification 6090 _ - � . LED Internally Illuminated Street Name Signs Air � - v 1. DESCRIPTION Furnish,fabricate,and install light emitting diode(LED)internally illuminated street name(IISN)signs attached to traffic signal poles as shown on the plans. �2. MATERIALS Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the pertinent requirements of the following Items: • Item 445,"Galvanizing" Item 446,"Field Cleaning and Painting Steel" Item 620,"Electrical Conductors" Item 621,"Tray Cable" urnish and fabricate LED IISN sign assemblies and associated mounting hardware from new materials that comply with this specification.Provide single side message or double side message signs as shown on the lans. Furnish 6 sets of submittals,of the LED IISN and mounting hardware,to the Engineer at the project address. Do not begin work or purchase materials before the submittals are approved by the Engineer. 2.1. general Requirements.Ensure sign assembly standard lengths are between 4 ft.and 10 ft.Ensure Standard viewable heights are between 15 in.and 30 in.Use single or double faced signs as required by lans. Ensure maximum weight of the sign does not exceed maximum capacity of IISN support arms. Construct sign fixture housing from 5000 or 6000 series aluminum.Powder-coat paint all exterior fixture Mousing glossy black or as shown on the plans. Ensure paint exceeds 1000-hr.salt-spray test in accordance With ASTM B117. IISN housing must be rated as NEMA type 3R.Use stainless steel screws and hardware. insure sign panels,light sources, light engines,and power supplies can be replaced without sign removal. The sign shall be capable of continuous operation over a range in temperatures from-10°F to+140°F. 2.2. ED Requirements.Provide high flux LED's that are rated to maintain a minimum 70%of their initial lumens fter 60,000 hr.according to IESNA LM-80-08. Ensure the LED arrays or modules will continue to operate if (", one LED goes out. Provide light engine and LED arrays or modules that are replaceable without removing fioirk, the sign. (0.*, 2.3. ign Panel Requirements.Ensure the front panel of the sign is ultraviolet,weather,abrasion and impact esistant high impact strength polycarbonate,acrylic or a glass-fiber reinforced polyester fluoride.The front panel will be replaceable for future maintenance purposes. Provide translucent reflective type D sheeting nd colored transparent acrylic film as per TxDOT DMS-8300,"Sign Face Material." s per Texas Manual on Uniform Traffic Control Devices Section 2D.38,street name signs will have a white r•�. I gend on a green background.A border,if used,will be the same color as the legend.The lettering should e at least 8 inch capital letters,or upper/lower case letters.Supplementary lettering to indicate the type of treet(such as Street,Avenue,or Road)or the section of the City(such as SE)may be in smaller lettering, t least 3 in.high. Ensure letter font type is Clearview-2W as shown on Standard Highway Sign Designs for exas,D3-1 Overhead Mount. 1 -3 05-15 OTU 6090 2.4. Electrical and Illumination Requirements.Provide IISN that will operate at 120 VAC.Ensure product _._ meets standard for electric signs UL 48.The on-board circuitry of an IISN shall include voltage surge protection,to withstand high-repetition noise transients and low-repetition high-energy transients as stated in Section 2.1.8,NEMA Standard TS 2-2003.The power supply shall be housed inside the sign enclosure. Power supply shall be UL Class 2 limited output voltage and current plus isolation for safe operation,and UL rated for outdoor damp locations. Power supply shall be IP 64 Outdoor Rated.The light source shall evenly illuminate the sign panel.The average luminance over the entire panel surface will be uniform. J M 2.5. Support Requirements.The sign shall be designed and constructed to withstand 110 mph wind loads in --- . conformance with the requirements of the AASHTO publication Standard Specifications for Structural Supports of Highway Signs,Luminaires and Traffic Signals(5th Edition 2009). --- The sign must be supplied with mounting brackets from the manufacturer(swinging or rigid mounting)as shown on the plans. .----� 2.6. Color.The color of the legend,symbols,and background must fall within the CIE(The International Commission on Illumination)color coordinates and reflectance values listed in Table 1. Table 1 --� CIE Chromaticity Coordinates and Reflectance Values White Green Reflectance x y Reflectance 0.300 0.290 40 Min 0.255 0.330 3.5-10 280 0.310 0.255 0.520 0.360 0.360 0.020 0.540 2.7. Workmanship.The panels must exhibit good workmanship and must be free from objectionable marks or defects that would adversely affect appearance or serviceability. 2.8. Warranty.The manufacturer will replace failed IISNs,when non-operable due to defect in material or workmanship,within five years of installation with a new IISN that passes all testing,delivered and installed at the project location. 3. CONSTRUCTION Fabricate and install internally illuminated street name signs in accordance with the details and dimensions shown on the plans,specified,or as approved by the Engineer. Install in accordance with the latest Electrical w - Detail Standards. Install signs level and plumb brackets or clamps.Attach IISN to traffic signal poles as per manufacturer's instructions or as shown on the plans. Use established industry and utility safety practices when installing IISNs located near overhead or underground utilities.Consult with the appropriate utility company before beginning work. --- Prevent scarring or marring of the poles,mast arms,and IISNs. Replace damaged components.Repair damaged galvanizing in accordance with Section 445.3.5,"Repairs."Repair damaged painted areas of a roadway illumination assembly in accordance with Item 446,"Field Cleaning and Painting Steel." 4. MEASUREMENT This Item will be measured as each LED IISN sign installed. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement,"will be paid for at the unit bid price for"LED Internally Illuminated Street Name Signs"of the 2-3 05-15 OTU 6090 Sizes and types specified.This price is full compensation for furnishing,fabricating and installing the signs; Support arm clamp assembly;liquidtight flexible metal conduit;and equipment,labor,tools,and incidentals. ,,.., flew conduit will be paid for under Item 618,"Conduit."New conductors,except the conductors internal to the dole,will be paid for under Item 620,"Electrical Conductors."New tray cable,except the tray cable internal to the pole,will be paid for under Item 621,"Tray Cable." romk, (01*, (0**, 3-3 05-15 OTU 007-OOIL Special Provision to Item 7 Legal Relations and Responsibilities ~-- Item 7,"Legal Relations and Responsibilities,"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 2.6.5.,"Training',is supplemented by the following: 4� Coordinate enrollment,pay associated fees,and successfully complete approved Training or Contractor Delivered Training. ----- Training is valid for the period prescribed by the provider but no less than 3 yrs.from the date of completion.The Owner may require training at a frequency less than the period prescribed or 3 yrs.based on Owner's needs.Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. 2.6.5.1. Approved Training.Approved training is listed below: 2.6.5.1.1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institute Maintenance of Traffic Control for Supervisors 2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Course Texas Engineering Extension Services Train-the-Trainer Flaggers 4 V National Safety Council Flagger(Instructor) University of Texas at Arlington, Certified Flagger Instructor ��- Division for Enterprise Development Flagger Training. Provider Course Title Texas Engineering Extension Services Flaggers in Work Zones National Safety Council Flagger(Novice) University of Texas at Arlington, Flaggers in Work Zones(TxDOT Training) -- Continuing Education Department University of Texas at Arlington, WZ Traffic Control/Qualified Flagger Continuing Education Department Associated Builders and Contractors, Flagger Training Austin Chapter LDI Safety Training Flagger Training Tipton Compliance and Safety Flagger Training 1-2 007401L .. 2.6.5.1.3. (aw Enforcement Personnel. Provider Course Title --- National Highway Institute Safe and Effective Use of Law Enforcement Personnel in Work Zones 2.6.5.1.4. Other Work Zone Personnel. Provider Course Title ---- American Traffic Safety Services Association Traffic Control Technician Training Texas Engineering Extension Services Work Zone Traffic Control National Highway Institute Maintenance of Traffic Control for Technicians National Highway Institute Maintenance Training Series:Basics of Work Zone Traffic Control 2.6.5.2. contractor Delivered Training.Develop Contractor Delivered Training curriculum and submit the curriculum to the Owner for approval.Do not implement the training curriculum before receiving written approval from the Owner.The work performed and materials furnished to develop the curriculum and provide -raining will not be measured or paid for directly but will be considered subsidiary to pertinent Items. coli*, A contractor's certified flagging instructor is permitted to train other flaggers. , r", (tow, 2-2 ✓y 506-OOIL Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the -"* standard specifications, is hereby voided and replaced with the following. 1. DESCRIPTION ..., Install,maintain,and remove erosion,sedimentation,and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan(SWP3)in the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following: • Item 161,"Compost" • Item 432,"Riprap" • Item 556,"Pipe Underdrains" 2.1. Rock Filter Dams. -- - 2.1.1. Aggregate. Furnish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the Owner.Provide the following: • Types 1,2,and 4 Rock Filter Dams. Use 3 to 6 in.aggregate. a Type 3 Rock Filter Dams. Use 4 to 8 in.aggregate. 2.1.2. Wire.Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: • a double-twisted,hexagonal weave with a nominal mesh opening of 2-1/2 in.x 3-1/4 in.; • minimum 0.0866 in.steel wire for netting; • minimum 0.1063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or tie wire. 2.1.3. Sandbag Material.Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains. Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that conform to the plans.Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes.Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans.Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 1/2 cu.ft.for the construction of energy dissipaters. 2.4. Construction Exits.Provide materials that meet the details shown on the plans and this Section. 506-OOIL __.. 2.4.1. ilock Construction Exit.Provide crushed aggregate for long-and short-term construction exits.Furnish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,clay,loam, (.., hale,soft or flaky materials,and organic and injurious matter.Use 4-to 8-in.aggregate for Type 1.Use 2-to 4-in.aggregate for Type 3. 2.4.2. Timber Construction Exit. Furnish No.2 quality or better railroad ties and timbers for long-term construction exits,free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in.diameter,unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. foundation Course. Provide a foundation course consisting of flexible base,bituminous concrete,hydraulic dement concrete,or other materials as shown on the plans or directed. '°"*'' 2.5. Embankment for Erosion Control.Provide rock,loam,clay,topsoil,or other earth materials that will form a Stable embankment to meet the intended use. 2.6. pipe.Provide pipe outlet material in accordance with Item 556,"Pipe Underdrains,"and details shown on the plans. `'� 2.7. construction Perimeter Fence. 2.7.1. posts.Provide essentially straight wood or steel posts that are at least 60 in.long.Furnish soft wood posts ,.•.., with a minimum diameter of 3 in.,or use nominal 2 x 4 in.boards.Furnish hardwood posts with a minimum ross-section of 1-1/2 x 1-1/5 in.Furnish T-or L-shaped steel posts with a minimum weight of 0.5 lb.per foot. r''N 2.7.2. Fence.Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie vire. 2.7.4. Flagging.Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples.Provide staples with a crown at least 1/2 in.wide and legs at least 1/2 in.long. 2.7.6. ysed Materials.Previously used materials meeting the applicable requirements may be used if approved. -- 2.8. Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyamide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mullen burst-strength exceeding 300 psi,and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled handbags must be 24 to 30 in.long, 16 to 18 in.wide,and 6 to 8 in.thick. Table 1 Sand Gradation (4.1**., Sieve# Retainer!(%by Weight) 4 Maximum 3`)/0 100 Minimum 80% (''"', 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size shall not exceed 3/8 in. ('"'"'N 2.9. 'Temporary Sediment Control Fence. Provide a net-reinforced fence using woven geo-textile fabric.Logos visible to the traveling public will not be allowed. 2 . _ 506-OOIL 2.9.1. Fabric.Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans.Furnish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in.Furnish T-or L-shaped steel posts with a minimum weight of 1.3 lb.per foot. 2.9.3. Net Reinforcement.Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh,with a maximum opening size of 2 x 4 in.,at least 24 in.wide,unless otherwise shown on the plans. 2.9.4. Staples.Provide staples with a crown at least 3/4 in.wide and legs 1/2 in.long. --- 2.9.5. Used Materials.Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material.Furnish core material that is biodegradable or recyclable. Use compost,mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber, 100% ----- recyclable fibers,or any other acceptable material unless specifically called out on the plans.Permit no more than 5%of the material to escape from the containment mesh.Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. Containment Mesh.Furnish containment mesh that is 100%biodegradable,photodegradable,or recyclable such as burlap,twine,UV photodegradable plastic,polyester,or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed.Stuff containment mesh densely so logs do not deform. ..-� 3. CONSTRUCTION 3.1. Contractor Responsibilities. Implement the Owner's Storm Water Pollution Prevention Plan(SWP3)for the project in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed by the Owner.Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2. General. 3.2.1. Phasing. Implement control measures in the area to be disturbed before beginning construction,or as directed. Limit the disturbance to the area shown on the plans or as directed. If,in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations,the Owner will limit the disturbed area to that which the Contractor is able to control.Minimize disturbance to vegetation. ---- 3.2.2. Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. ,..�, 3.2.3. Stabilization.Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit.Establish a uniform vegetative cover.The project will not be accepted until a 70%density of existing adjacent undisturbed areas is obtained,unless otherwise shown �._ 3 , ,_ 506-OOIL --- 0 the plans.When shown on the plans,the Owner may accept the project when adequate controls are in place that will control erosion,sedimentation,and water pollution until sufficient vegetative cover can be ¶stablished. 3.2.4. finished Work.Upon acceptance of vegetative cover,remove and dispose of all temporary control ,,.., measures,temporary embankments,bridges,matting,falsework,piling,debris,or other obstructions placed wring construction that are not a part of the finished work,or as directed. - , folk, 3.2.5. Iestricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals,raw sewage,fuels,lubricants,coolants,hydraulic fluids,bitumens,or any other petroleum product.Operate and maintain equipment on-site to prevent actual or potential water pollution. (Manage,control,and dispose of litter on-site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition,public nuisance,or condition endangering the value, utility,or appearance of any property.Wash out concrete trucks only as described in the TPDES General (01i* hermit TXR150000.Utilize appropriate controls to minimize the offsite transport of suspended sediments and pther pollutants if it is necessary to pump or channel standing water(i.e.dewatering).Prevent discharges hat would contribute to a violation of Edwards Aquifer Rules,water quality standards,the impairment of a isted water body,or other state or federal law. 3.3. Installation,Maintenance,and Removal Work.Perform work in accordance with the SWP3,according to manufacturers'guidelines,and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris (4"*.,until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner.. If a device ceases to function Os intended,repair or replace the device or portions thereof as necessary.Remove sediment,debris,and itter.When approved,sediments may be disposed of within embankments,or in the right of way in areas Where the material will not contribute to further siltation.Dispose of removed material in accordance with federal,state,and local regulations. SRemove devices upon approval or as directed. Finish-grade and dress the area upon removal. Stabilize disturbed areas in accordance with the permit,and as shown on the plans or directed.Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project `l when new installations or replacements are no longer required. .. 3.3.1. Rock Filter Dams for Erosion Control.Remove trees,brush,stumps,and other objectionable material that „_ nay interfere with the construction of rock filter dams.Place sandbags as a foundation when required or at ,,,.., he Contractor's option. place the aggregate to the lines,height,and slopes specified,without undue voids for Types 1,2,3,and 5. place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and ecure it to itself on the downstream side with wire ties,or hog rings for Types 2 and 3,or as directed.Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed.Construct filter dams according to the following criteria unless otherwise shown on the plans: , _, , ('''''*, 3.3.1.1. Type 1 (Non-reinforced). 3.3.1.1.1. sleight.At least 18 in.measured vertically from existing ground to top of filter dam. 3.3.1.1.2. flop Width.At least 2 ft. 3.3.1.1.3. slopes. No steeper than 2:1. (4°1%, 3.3.1.2. rype2(Reinforced). ,.-, 3.3.1.2.1. sleight.At least 18 in.measured vertically from existing ground to top of filter dam. "- , (011%, 4 506-001 L 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeper than 2:1. 3.3.1.3. Type 3(Reinforced). 3.3.1.3.1. Height.At least 36 in.measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width.At least 2 ft. 3.3.1.3.3. Slopes.No steeper than 2:1. 3.3.1.4. Type 4(Sack Gabions).Unfold sack gabions and smooth out kinks and bends.Connect the sides by lacing in a single loop-double loop pattern on 4-to 5-in.spacing for vertical filling.Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times.Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for -- - horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 3.3.1.5. Type 5.Provide rock filter dams as shown on the plans. ,�►, 3.3.2. Temporary Pipe Slope Drains.Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 3.3.3. Temporary Paved Flumes.Construct paved flumes as shown on the plans or as directed.Provide excavation and embankment(including compaction of the subgrade)of material to the dimensions shown on --• the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater,constructed from the materials specified above,to a minimum depth of 9 in.at the flume outlet to the limits shown on the plans or as directed. 3.3.4. Construction Exits.Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist.Construct exits for either long-or short-term use. 3.3.4.1. Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 3.3.4.1.1. Type 1.Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. --- 3.3.4.2. Short-Term. 3.3.4.2.1. Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily --- operations where long-term exits are not practical. 5 , , 506-OOIL 3.3.4.2.2. type 4.Construct as shown on the plans or as directed. 3.3.5. earthwork for Erosion Control.Perform excavation and embankment operations to minimize erosion and 6 remove collected sediments from other erosion control devices. 1 ,_ 3.3.5.1. excavation and Embankment for Erosion Control Features. Place earth dikes,swales,or combinations f both along the low crown of daily lift placement,or as directed,to prevent runoff spillover.Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff.Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown n the plans or as directed. Create a sediment basin,where required,providing 3,600 cu.ft.of storage per acre drained,or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time,not including offsite areas. es'isk, li 3.3.5.2. excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices,after a rain,and when directed. 3.3.6. construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 3.3.6.1. Installation of Posts. Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. ,'''", 3.3.6.2. ire Attachment.Attach the top wire to the posts at least 3 ft.from the ground.Attach the lower wire midway between the ground and the top wire. .---. 3.3.6.3. lag Attachment.Attach flagging to both wire strands midway between each post.Use flagging at least 18 in.long.Tie flagging to the wire using a square knot. 3.3.7. Sandbags for Erosion Control.Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet Bow.Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the pen end.Place the sandbags with their tied ends in the same direction.Offset subsequent rows of handbags 1/2 the length of the preceding row.Place a single layer of sandbags downstream as a secondary debris trap.Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. ,^ 3.3.8. Temporary Sediment-Control Fence. Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion-control ,''''°►, measures used to control sediment in areas of higher flow. Install the fence as shown on the plans,as specified in this Section,or as directed. 3.3.8.1. Installation of Posts. Embed posts at least 18 in.deep,or adequately anchor,if in rock,with a spacing of 6 ,_ o 8 ft.and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring.Dig trenches along the uphill side of the fence to anchor 6 to 8 in.of fabric.Provide a minimum trench cross-section of 6 x 6 in. Place the fabric against the side of the trench and align ()et", approximately 2 in.of fabric along the bottom in the upstream direction.Backfill the trench,then hand-tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to es*, steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in.or less. ,^ 1 e''''", --- 506-001 L 3.3.8.4. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in.attached in at least --ry 6 places equally spaced unless otherwise shown on the plans.Do not locate splices in concentrated flow areas. ._. Requirements for installation of used temporary sediment-control fence include the following: • fabric with minimal or no visible signs of biodegradation(weak fibers), • fabric without excessive patching(more than 1 patch every 15 to 20 ft.), • posts without bends,and ..__ • backing without holes. 3.3.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream ---- perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install,align,and locate the biodegradable erosion control logs as specified below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the Owner such that flow is not _._., allowed under the logs.Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 3.3.10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil.Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in.long x 2 to 4 in.wide x 1/2 to 2 in.deep.Do not exceed 12 in.between track impressions. Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 4.1. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard.The measured volume will include sandbags,when used. 4 _ 4.1.1. Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of the top of the dam. 4.1.2. Volume Measurement.When rock filter dams are measured by the cubic yard,measurement will be based on the volume of rock computed by the method of average end areas. --- 4.1.2.1. Installation.Measurement will be made in final position. 4.1.2.2. Removal.Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. --- 4.3. Temporary Paved Flumes.Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4.4. Construction Exits.Construction exits will be measured by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 7 506-OOIL -- 4.5.2.1. l Place. (01*., 4.5.2.1.1. excavation.Excavation will be measured by the cubic yard in its original position and the volume computed �y the method of average end areas. �- 4.5.2.1.2. embankment.Embankment will be measured by the cubic yard in its final position by the method of average nd areas.The volume of embankment will be determined between: ■ the original ground surfaces or the surface upon that the embankment is to be constructed for the ---- feature and ■ the lines,grades and slopes of the accepted embankment for the feature. 4.5.2.2. An Vehicles.Excavation and embankment quantities will be combined and paid for under"Earthwork (Erosion and Sediment Control, In Vehicle)."Excavation will be measured by the cubic yard in vehicles at the point of removal.Embankment will be measured by the cubic yard in vehicles measured at the point of delivery.Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. (0"., ' 4.7. andbags for Erosion Control.Sandbags will be measured as each sandbag or by the foot along the top of Sandbag berms or dams. 4.8. Temporary Sediment-Control Fence. Installation or removal of temporary sediment-control fence will be measured by the foot. �-- 4.9. biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be � y Measured by the foot along the centerline of the top of the control logs. es"k, 4.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to �J this Item. r••, 5. i'AYMENT The following will not be paid for directly but are subsidiary to pertinent Items: ■ erosion-control measures for Contractor project-specific locations(PSLs)inside and outside the right of way(such as construction and haul roads,field offices,equipment and supply areas,plants,and material sources); a removal of litter,unless a separate pay item is shown on the plans, a repair to devices and features damaged by Contractor operations; a added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; -• removal and reinstallation of devices and features needed for the convenience of the Contractor; a finish grading and dressing upon removal of the device;and a minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for ouffalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1. Rock Filter Dams.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 8 506-OOIL 5.1.1. Installation.Installation will be paid for as"Rock Filter Dams(Install)"of the type specified.This price is full --- compensation for furnishing and operating equipment,finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 5.1.2. Removal.Removal will be paid for as"Rock Filter Dams(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced,payment will be made at the unit price bid for"Rock Filter Dams(Remove)"and for"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading, lacing,proper disposal,labor,materials,tools,and incidentals. 5.2. Temporary Pipe Slope Drains.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement'will be paid for at the unit price bid for"Temporary Pipe Slope Drains"of the size specified.This price is full compensation for furnishing materials,removal and --- disposal,furnishing and operating equipment,labor,tools,and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced,payment will be made at the unit price bid for"Temporary Pipe Slope Drains"of the size specified,which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 5.3. Temporary Paved Flumes.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Temporary Paved Flume (Install)"or"Temporary Paved Flume(Remove)."This price is full compensation for furnishing and placing materials,removal and disposal,equipment,labor,tools,and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced,payment will be made at the unit prices bid for"Temporary Paved Flume(Remove)"and"Temporary Paved Flume(Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor,tools,and incidentals. Earthwork required for the paved flume installation,including construction of a sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." _._ 5.4. Construction Exits.Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for"Construction Exits(Install)"of the type specified or"Construction Exits (Remove)."This price is full compensation for furnishing and placing materials,excavating,removal and disposal,cleaning vehicles,labor,tools,and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced,payment will be made at the unit prices bid for"Construction Exit(Remove)"and"Construction Exit(Install)"of the type ---- specified.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. 9 506-OOIL Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control."5.5. earthwork for Erosion and Sediment Control. I r„� 5.5.1. initial Earthwork for Erosion and Sediment Control.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Excavation(Erosion and Sediment Control, In Place),""Embankment(Erosion and Sediment Control, ... _ In Place),""Excavation(Erosion and Sediment Control, In Vehicle),""Embankment(Erosion and Sediment control,(In Vehicle),"or"Earthwork(Erosion and Sediment Control, In Vehicle)." this price is full compensation for excavation and embankment including hauling,disposal of material not used elsewhere on the project;embankments including furnishing material from approved sources and r^ construction of erosion-control features;and equipment,labor,tools,and incidentals. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control !.1easures.The work performed and materials furnished in accordance with this Item and measured as -- provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Owner. tihis price is full compensation for excavation,embankment,and re-grading including removal of accumulated sediment in various erosion control installations as directed,hauling,and disposal of material riot used elsewhere on the project;excavation for construction of erosion-control features;embankments including furnishing material from approved sources and construction of erosion-control features;and Oquipment,labor,tools,and incidentals. earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.6. Construction Perimeter Fence.The work performed and materials furnished in accordance with this Item _„ and measured as provided under"Measurement"will be paid for at the unit price bid for"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment,labor,tools,and incidentals. (Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation ,,•�, Item.When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced,payment will be made at the unit price bid for"Construction Perimeter Fence,"which is full compensation for the removal and reinstallation of the construction perimeter fence. ,.., 5.7. Sandbags for Erosion Control.Sandbags will be paid for at the unit price bid for"Sandbags for Erosion Control"(of the height specified when measurement is by the foot).This price is full compensation for materials,placing sandbags,removal and disposal,equipment,labor,tools,and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the sandbag installation or portions thereof be replaced,payment will be made at the unit price bid for"Sandbags for Erosion Control,"which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment-Control Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: ,41** 1 0 506-OOIL 5.8.1. Installation. Installation will be paid for as"Temporary Sediment-Control Fence(Install)."This price is full --r compensation for furnishing and operating equipment finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. ._., 5.8.2. Removal. Removal will be paid for as"Temporary Sediment-Control Fence(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.9. Biodegradable Erosion Control Logs.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 5.9.1. Installation. Installation will be paid for as"Biodegradable Erosion Control Logs(Install)"of the size specified.This price is full compensation for furnishing and operating equipment finish backfill and grading, staking,proper disposal,labor,materials,tools,and incidentals. 5.9.2. Removal.Removal will be paid for as"Biodegradable Erosion Control Logs(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. ir �Llq 11 This Page is too large to OCR f rr :•t: :•::•:• titi :• :•. •. t:• :•t:' :•f •:•::ii :::. �:::::. �: •:{': • '.{ . l�: :ti': .�:titi; . :: 1!� i•::•::.. S: �:: :•: : }' :: : '•r':::: :=: f --.. --------------------- ... • .. .. '. iA .... .......{....v......?.: . .ti....!:... ... ....... .........•..•YI.... {..'.. • 1. :.::'•:f�.......... .....:. '.•!1s�E .;��•�.. �•• 14 . ............ .......... . - 15......... ...................... ------- I. j�...:••: ift •AY•v:rr . ................ i............. .... .... ........ .'.� .�•i1 •' 1 : ............ . ..... . .... . Min' ... jjOAD I.... .... ............i: .. ..F .. ilia � . ! : .......•.. 00 t i MIA .v .. .. 'i _ ' '.... � w. - .. .- -_ 'r:•: ti' r .14 !: ...............tiApo •3? �•:.. '•• • . +�:�{• :ti {ti::�:� }:{ •'� '- - a - - Aft - -- - ............. :S3 t3t.00' --------------- :_ AD ION 0 �r - : .. .. - .. - • . t . r.' •• - ' '• ' . ...... ............ . ... ......... �.... I' Dawn Scheel Project Manager City of Round Rock 3400 Sunrise Rd. Round Rock, TX 78665 RE: University Boulevard Expansion Dear Ms. Scheel, P.E.: Seiler Lankes Group, LLC has reviewed the submitted bids for the above project. There were six responding firms and the bids ranged from $11,104,890.48 to $14,414,441.21 with J.D. Abrams, LP submitting the low bid. We have tabulated the bids and accounted for all required forms. We have verified bid form quantities and unit prices. We find all information to be complete and in order and recommend that J.D. Abrams, LP be awarded the contract. Very truly yours, Gerald Lankes, P.E. Seiler Lankes Group, LLC Seiler Lankes Group, LLC 306 East Main, Suite 101, Round Rock, Texas 78664 Firm No. 12670 . . I� � ' � ... .I � ..�I. nn 1.w... I . . I. ,I. .:­.�1 .�_� .�.. CERTIFICATE OF II NT.. . . ... ,ERESTED ­ ' PAFtT1ES.: -I, . .I � .. I ­.� I I � � �I.I .I I . I I I I I I. � . . . II . . I I . -I.- .� . ... � I I . I I . � .. . ...� . I -­ . I :I .. .......� . . .� � .1 . I . .� . 1111.�, . � ,�­..� .:..,... .... ..�. ' I. . � .. � ...: I .1_I I .I 1 � I . . I ,. �I ��, , .� I1�I 295.. - � ..: � I � I . . i _ I : ._1 I*.. � I � ­11. . 1. . ... I �. . - . I . I � . I - 11. . . � . .. 1. . I . . ­ 1. I I . .:, . I : .­ I 1: _­ � . . � . � . . I .: .. . .1 I . � I � . ­1. . I � . - . � . IFOR.. � . � . 11 . 1. � . I . � .. . . . I . . I � __ ­ . . . � I ­ � I . . I I . ­ I ... � _.I ... . �: * _ .-. . . � . . .''. ­ . - I- . . I . . I � I : I - ... - ­­ I � ­ ­. I I.. .. I � � � � .­ . . .. 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FFICE USE ....-.I....II.�­..��r .I.II�..�.�.��.II.II.�.I..�I.. :..I...I......r,�.1I,I L.I.....I.......1I.. .........�.. r m� .� Complete Nos, i, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILIN I-.. .:....�.:...._-II1II .10_­`II�*.:1...II�­���.��I­.II1 ......III..-­.­..I*� .' ....��-I.I,.:...r1...�._1�I.. . �� � __ 1 ___G � . - - -- - 1 Name of business ent4y:fi*ling farm, and the city, state and'country of the business entity's place Certificate Number:. - I of business. 2020o701706 " I I _-.�I I. --I..:.'­I�I..I.I.1 _­II1�. -..I e__...­-........:I.:'�'W. --...A..,.., -_....­r..�I..I. _---_.,I.r�.I._­.I..I..I�.I.. .�­.1II -.�-I: w_-,�..­_..I..........1I:_...�'�.. -..I�I _I_e--�.I­..���.I��.�.....�.' U-..�-..II�.I.I-'.I: 1--­......I_ -­_ --­._.....,11 -_..I.I­._.:.-...,I.�.�.���II. ---_...�..I.�I.IIII. �I_N-i-_l­:�.r�r..w.�I�.­I --....�.��.�.:I._..IIII1.�*�._��....�X -. -o.-.�I:.I.�..­II iIu- -m--. '........_...�.�I.I _--_. -._­...:*_.I:��. I____II.­r --_......:.�­..�.I.��I �...-:....I.I*- NW...I..�..,�LI MN--r..�1,II..:. --__.....�.I'.I-...W�II.I.I..1.II.....1r� -I......I.IIIr.. -1.,........�1­IaI. -_�.�r.I..I.. � J.A. Abrams, LP. II. r. I-�..� �*...I,.. Austin, TX UnIted States Date Filed: '..I '. ...:� .-.��._I�� ....�...I�1.. .. i on 2 Name dt governments entity or state agency t at ,Isa party tot e contract or w 'ich the orm is 12/28t2020 - . 1I.-I..,..II:1­.Ir -� .­��..N..II o- 1...� *-.,.:,_..�...1�.�.I......­.�..,. us.--,_�..)..,-..... �..�iI._­.�I:� .1I I. I­-m -_.. I�I1..I .�..II.I. q..- --_s .­.�...�.1 I.�..mIr -,�I lP-m- � ... � � ..-,._... ... ,i.-.",1r I. 1I . . � O *i 1�:. III - - n r*& 1, -1��h. �'� �t � _ � t e �.T�_� ii My address is ��1 I . II-� Iwwpw �I .. - �r - .��.�II "1. .L­ ��� I,.I .�. .I�.O ..rI _�.t�� I. I.I ... .I. ..I _.-. ,I. �.' .I..��� .­.II..�..��.�. I� .M-- ..�wIIrr-� .- �:.I. ,- �.��Ir I ..�..:�..I . 1 (street) (city) (state) (zip code) Icountry) I I.1I , I . 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CERTIFICATION OF FILING N M 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2020-701706 J.D. Abrams, L.P. Austin, TX United States Date Filed: 2 Name of governmental entity or state agency that is a -_ party to the contract for which the form is 12/28/2020 being filed. City of Round Rock Transportation Department gate Acknowledged: 01/05/2021 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. University Boulevard Expansion FM 1460 east to SH 130, Round Rock, Williamson County, Texas 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Abrams, Jon Austin, TX United States X Everett, Brad Austin, TX United States X Fernandez, Alfonso Austin, TX United States X Gallagher, Kelly Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ,and my date of birth is My address is �1 I (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20�_ (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www. ethics state Ax. us version VI.I.CM34b[sD