R-99-12-16-13D2 - 12/16/1999RESOLUTION NO. R- 99- 12- 16 -13D2
WHEREAS, the City of Round Rock has duly advertised for bids for
the McNeil Road at County Road 172 Roadway Reconstruction and Traffic
Signal Installation project, and /�
WHEREAS, A4PON GONthQETE 2 NC. has submitted the lowest and
best bid, and
WHEREAS, the City Council wishes to accept the bid of /
Afle0N OONeR&TE 1.0. NCn• Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
e behalf of the City a contract with ARRWN OA w71 &' for the
McNeil at County Road 172 Roadway Reconstruction and Traffic
Installation project, a copy of said contract being attached hereto and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 16th day of De
ST: City of Round Rock, Texas
LAND, City Secretary
K:\ WPDOCS \RESOLUTI \R9121602.WPD /sc
1999.
04714 A
RO A. STLUKA, ' , Mayor
DATE: December 10, 1999
SUBJECT: City Council Meeting — December 16, 1999
ITEM: 13.D.2. Consider a resolution authorizing the Mayor to execute a contract
for the McNeil Road at County Road 172 Roadway Reconstruction
and Traffic Signal Installation. The bids for this project will be
opened on December 14, 1999. This project includes 0.123 miles of
roadway reconstruction on McNeil Road at County Road 172 and the
installation of traffic signal. A recommendation will be made at the
Council meeting. Staff Resource Person: Jim Nuse, Public Works
Director.
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CONTRACT DOCU
FOR
FEDERAL_ AID PROJECT: STP97(648)MM
McNEIL RO AD (CR 171) AT CR 172
ROADWAY RECONSTRUCTION
AND SIGNALIZATION
PREPARED FOR:
THE CITY OF ROUND ROCK
DEPARTMENT OF PUBLIC WORKS
2008 ENTERPRISE
ROUND ROCK, TEXAS 78664
PREPARED BY:
RODRIGU€Z & HUGGINS, INC.
11211 TAYLOR DRAPER LN, SUITE 100
AUSTIN, TEXAS 78759
TEL (512) 231-9544
FAX (512) 231 -9133
OCTOBER, 1999
PECIFICAT
December 09, 1999
CONSULTING ENGINEERS • 11211 TAYLOR DRAPER LN • SUITE 120 • AUSTIN, TEXAS 711729 • 512.231 -9544 • FAX 512.231 -9133
Project: STP97(648)MM
Roadway: McNeil Road (County Road 171)
Location: At County Road 172
Control: 0914 -05 -099
County: Williamson
City: Round Rock, Texas
To: All Prospective Bidders
Addendum # 1
The following changes, additions, modifications and revisions are to be included in the bid
documents for the above project:
This project includes Force Account Work by the Union Pacific Railroad to be performed within
the sixty (60) working days required to complete this project.
The contractor will be required to coordinate his activities with Union Pacific Railroad, the
Engineer, and the City of Round Rock in scheduling a time for the Railroad Company to install
the grade crossing predictor and update circuits, as described in Exhibit C, Force Account Work
with the City of Round Rock, Texas.
c y . "J c ' 'At wt
MARK E RODa EZ
4, - 62551 C Vie
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p1\B3501 \doclmcneiladm.doc
IIIMUOIMIGUEZ & HUGGINS, INC
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
FEDERAL AID PROJECT: STP97(648)MM
McNEIL ROAD (CR 171) AT CR 172
ROADWAY RECONSTRUCTION
AND SIGNALIZATION
PREPARED FOR:
THE CITY OF ROUND ROCK
DEPARTMENT OF PUBLIC WORKS
2008 ENTERPRISE
ROUND ROCK, TEXAS 78664
PREPARED BY:
RODRIGUEZ & HUGGINS, INC.
11211 TAYLOR DRAPER LN, SUITE 100
AUSTIN, TEXAS 78759
TEL (512) 231-9544
FAX (512) 231 -9133
OCTOBER, 1999
TABLE OF CONTENTS
Notice to Bidders
Bid Bond
Certification of Interest in Other Bid Proposals for This Work
Disadvantaged Business Enterprises Requirements
Child Support Statement
Disclosure of Lobbying Activities
Contractors Assurance
Bid Documents
Post Bid Documents
Governing Specifications and Special Provisions
Basis of Estimate
General Notes
General Provisions
Required Contract Provisions for Federal -Aid Construction
Contracts
Wage Rate
Special Provisions
Special Specifications
NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street,
Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work
required for the project titled McNeil Road @ CR 172, Roadway Reconstruction and Traffic
Signal Installation (project includes; 0.123 miles of roadway reconstruction on McNeil Road @ CR
172 and the installation of traffic signal.) will be received until 2:00 PM, Tuesday December 14,
1999 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid
envelopes should state date and time of bid and "Sealed Bid for McNeil Road @ CR 172 Roadway
Reconstruction and Traffic Signal Installation ". No bids may be withdrawn after the scheduled
opening time. Any bids received after scheduled bid opening time will be returned unopened.
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 Rodriguez & Huggins, Inc., 11211 Taylor Draper
Lane, Suite 100, Austin, Texas 78759, (512) 231 -9544 beginning Monday November 22, 1999 for a
non - refundable charge of $50.00 per set.
This contract is subject to all appropriate Federal laws. The City of Round Rock hereby notifies
all bidders that it will insure that bidders will not be discriminated against on the ground of race, color,
sex or national origin in having full opportunity to submit bids in response to this invitation, and in
consideration for an award. Before a bidder may receive a bid proposal on the above project, the city
requires that the bidder be Pre-qualified Bidder with the Texas Department of Transportation. The
bidder may request qualification instructions and forms from the Texas Department of Transportation at
(512) 416-2640.
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 waive any informalities and irregularities in the bids received.
The successful bidder will be expected to execute the standard contract prepared by the City of Round
Rock, and to furnish performance and payment bonds 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.
Publish Dates:
Austin American Statesman:
Monday, November 22, 1999
Monday, November 29, 1999
Monday, December 6, 1999
NB -1
CERTIFICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK
By signing this proposal, the bidding firm and the signer certify
that the following information, as indicated by checking "Yes" or
"No ", below, is true, accurate, and complete.
A. Quotation(s) have been issued in this firm's name to other
firm(s) interested in this work for consideration for performing
a portion of this work.
YES
NO
B. If this proposal is the low bid, the bidder agrees to provide the
following information prior to award of the contract.
1. Identify firms which bid as a prime contractor and from which
the bidder received quotations for work on this project.
2. Identify all the firms which bid as a prime contractor to
which the bidder gave quotations for work on this project.
1 -1
THE FACE OF THIS DOCUMENT HAS .A BLUE GRADUATING TINT (BLUE - WHITE - BLUE) BACKGROUND ON WHITE PAPER �,+ - ';,, t)"
DFCFMRFR 14, 19.9 9
Drawer: BANK ONE, TEXAS NA
nual. s #re rfl4A over$50,U06
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Purchaser
Pay To Th
<,Drder Of
THE CITY OF ROUND ROCK ►
'maw IT
Countersignetl
Iesu d Iry Ied P y ! )SCem L gLe'you Colorado
- To.0 PA N w.Yok Star $i +falo ftY
Official Check
M- 22044
Igrater!
T CONTAINS A REFLECTIVE SECURITY MARK HOLD AT AN ANGLE TO VIEW 3 %"�y:,
1:0 2 20008681:6i3045091.8 00390 2 L8
1
02/01/2000 TUE 11:38 FAX 512 218 3242 Traffic Section
The undersigned, as bidder, declares that the only person or parties interested in this
proposal as prindpals are those named herein; that the Contractor has not, either directly
or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive bidding in connection with the contract for the
above-captioned highway work. _
The undersigned affirms the truth and accuracy of this certification
Address: - , Imo x 2 Z 07
pc t7S tf,l f ?$7 S S — 107
Before me, the undersigned authority a Notary Public on this day personally appeared
4 ,4 ,Zp l 6ir3 2.4 who, being by me duly sworn, upon oath says:
that he is qualified and authorized to make this affidavit for and on behalf of
/ 2 40/ County(s), Texas, and is fully cog'i7ant of the
facts herein set out and affirms to the truth and accuracy of the certification made herein
by signing above.
Subscribed and sworn to before me by the said (1) dd/44U
1 '" MARIA DOLORES GONZALES
_ P ��
® Notary Public, State of Texas
My Camnd F.�griroe
EO„E FEB.18,2001
C
, to certify which witness my hand and seal
Ala
Notary Public in and for
County,Texas
to 002
.411 1. I1II
CHILD SUPPORT STATEMENT
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.
Ar9 1201 ai 7_ 4 15 I- 3 3 r'> re)
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 percent 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 purpose of responding to a
request for information from an agency operating under the provisions of Parts
A and D of Title IV of the federal Social Security Act (42 USC Section 601 -617
and 651 -669).
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Type of Federal Action:
a contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity:
Prime
- Complete this form to disclose lobbying activities pursuant to 31 •U.S.C. 1352
(See reverse for public burden disclosure.)
2. Status of Federal Action:
ni a bid /offerlapplication
L I b. initial award
c. post -award
❑ Subawardee
Tier if known:
(y' ea•G LaT£ C.cm-PT 1 t�G•
.13otr 2'7 to - 7
A- I,S -r, >a, TC4 7237?5S
Congressional District, if known:
6. Federal Department /Agency
8. Federal Action Number, i f known:
10. a. Name and Address of Lobbying Entity
( if individual, last name, first name, MI):
(attach Continuation Sheet(s)
11. Amount of Payment (check all that apply): 13.
$ ❑ actual
❑ planned
12. Form of Payment (check alI that apply):
❑ a. cash
❑ b. in - kind; specify nature
value
14 Brief Description of Services Performed or to be Performed and Datelsl o
employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
10, ,nmrnanon
requested through this Ihrm is authorized by tine 71 U.S.C.
` 'r^ 1352. This disclosure of lobbying lair /lies is material representation
ni 1,c1 upon which reliance laced b a
s.n : made o r entered dwn n e
ion w, p Y t he ti above When Coto
■ Into. This ai : orepurulent rea pnrael to
^ 151 . 1752. This Information will be repnnea to the Compress
nnui..IIY lad 001 be available for public inspection. Any person wholails la
` n ` r `qulred.disclosore shall be subject to a civil penalty of not less than
n o t e re then 5100,000 lot bleb such lauure.
DISCLOSURE OF LOBBYING ACTIVITIES
5. If Reporting
Enter Name and Address of Prime:
9. Award. Amount, if known:
S
(attach Continuation Sheet(s) SF- LLL -A, if necessary)
1`-- C ontinuation Sheets) SF -LLL -A attached:
❑ Yes ❑ No
3. Report Type:
n I a initial filing
b. material change
For Material Change Only:
year quarter
date of last report
Entity in No. 4 is Subawardee,
Congressional District, if known:
7. Federal Program Name /Description:
CFDA Number, if applicable'
b. Individuals Performing Services( Inc lidding address if
different from No. 10a)
(last name. first name, MI):
SF LLL -A, if necessary)
Type of Payment (check all
❑ a. retainer
❑ b. one -time fee
❑ c. commission
❑ d. contingent fee
❑ e. deferred
❑ f. other; specify:
Service, including officer)s),
Signature:
Print name
Tit le: -'."1.T
.572
Telephone No.: /r '''.045.
that apply):
Date: /2--// —`7
Approved by OME
0346 -0046
INSTRUCTIONS FOR COMPLETION OF SF —LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.0
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the
SF -LLL -A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that
apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office
of Management and Budget for additional information. -
1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known.
Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or
subaward recipient Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip
code of the prime Federal recipient Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment Include at least one organizational level
below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog
of Federal Domestic Assistance (CFDAI number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request
for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan
award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g.,
"RFP -OE -90 -001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award /loan commitment for the prime entity identif ied in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified
in item 4 to influence the covered Federal action.
(b) Enter the full names of the individualist performing services, and include full address if different from 101at.
Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all
boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be
made.
12. Check the appropriate boxiest. Check all boxes that apply. If payment is made through an in -kind contribution, specify
the nature and value of the in -kind payment.
13. Check the appropriate boxiest. Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to
perform, and the datels) of any services rendered. Include all preparatory and related activity, not just time spent in
actual contact with Federal officials. Identify the Federal official(s) or employeels) contacted or the officerlsl,
employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF -LLL -A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his /her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instructions. searching existing data sources. gathering and maintaining the data needed. and completing and
reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden. to the Office of Management and Budget, Paperwork Reduction
Project (0348 - 0046), Washington, D.C. 20503.
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Approved by OMB
0348 -0046
Reporting Entity: Page of
Authorized for Local Fleyroduction
Standard Form - LLL -A
Control: 0914 -05 -099
Project: STP97(6481MM
Highway: McNeil Rd. (CR 171)
County: Williamson
DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
The following goal for disadvantaged business enterprises is established:
DBE
0.0 %
CONTRACTORS ASSURANCE
By signing this proposal the contractor is giving assurances that all subcontract
agreements of $10,000 or more on this project will incorporate the following
provisions:
Special Provision
Special Provision
Special Provision
Form FHWA 1273
(Subcontracts- Federal Aid Projects)
Applicable "Wage Determination Decision"
"Certification of Nondiscrimination in Employment"
"Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity (Executive Order 11246)"
"Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order
11246)"
"Required Contract Provisions Federal -aid Construction
Contracts"
(Form FHWA 1273 must also be physically attached to
subcontracts and purchase orders of $10,000 or more)
05 -96
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(se
THE STATE OF TEXAS
COUNTY OF /,24t/t5
BEFORE ME, the undersigned authorit
personally appeared 4 ,4
behalf of Contractor, of
facts herein set out; that
(Print — Contractor's Name)
CITY OF ROUND ROCK
NON - COLLUSION AFFIDAVIT
§
me duly sworn, upon oath says: that he is duly qualified and authorized to make this affidavit for and on
4 // ,4-) e;44 <f G ,e/_ 2"._ 64i i /Zs4CT6i2 � / 1 ,
(Print — Company's Complete Name)
/gg des County, Texas, and is fully cognizant of the
(Company's Complete Name)
Contractor, has not, either directly or indirectly, entered into
or otherwise taken any action in restraint of free competitive biddin in connection partici
with the contract
for t the
above captioned work.
• - =4+,1/e - 44:i on this day
(Notary's Name)
842.4
f {�
Contractor's Sign lure
Contractor's Title
who, being by
SJ4S BED AC ORN to before me by the sad �e 4/ L ` 9�
this day of ��� , 1g to certify w h witness my hand and
� g /
ro.
i Notety Public, State of Texas
My Commission Expeea
FEB. 18,2001
Notary Public in and for "--.)
te //,.� County, Texas
My Commission Expires: `�/ /d ,/
MUST BE SIGNED, NOTARIZED AND RETURNED WITH YOUR SEALED BID PROPOSAL.
Gentlemen:
PROPOSAL BIDDING SHEET
JOB NAME: McNeil Road @ CR 172
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to
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 supplemental
specifications, and as shown on the plans for the construction of McNeil Road B CR 172 and binds himself on
acceptance of this proposal to execute a contract and bond for completing said project within sixty (60) working
days, for the following prices, to wit:
'; clk r h9e�wa1 Acc
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID ■
1.
100 -0502
7.0
STA
PREP ROW
FOR DOLLARS
1135.00
S
7,945.00
S
AND CENTS
PER Station
2.
110-0501
489.0
CY
EXCAVATION (RDWY)
FOR DOLLARS
17.50
S
8,557,50
S
AND CENTS
PER Cubic Yard
3.
132-0518
1461.0
CY
EMBANK (ORD COMP) (TY B) (CL 3)
FOR DOLLARS
17.50
S
25,567.50
S
AND CENTS
PER Cubic Yard
4
160 -0515
1742.0
sy
FURN AND PLAC TOPSOIL (CL 2) (5")
FOR DOLLARS
5.10
S
8,884.20
$
AND CENTS
PER Square Yard
164-0517
1742,0
SY
BRDCST SEED (TEMP) (WARM)
FOR DOLLARS
0.20
S
348.40
S
AND CENTS
PER Square Yard
i— — = I N — — — — — — — — — — MI MI MN
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
11 BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
6.
164-0549
1,742.0
sy
CELL MB SEED (PERM) (URBAN) (CLAY)
FOR DOLLARS
0.23
$
400.66
$
AND CENTS
PER Square yard
7.
247 -0599
1,052.0
CY
FLEX BS (COMP IN PLACE) (TY D GR 6 CL 4)
FOR DOLLARS
34.50
$
36,294.00
1
AND CENTS
PER Cubic Yard
8.
310 -0504
706.0
GAL
ASPH MAIL (MC -30 OR AE -P)
FOR DOLLARS
1.00
$
706.00
1
AND CENTS
PER Gallon
9.
3404/503
389.0
TON
ASPH CONC (TY C)
FOR DOLLARS
34.00
$
13,226.00
S
AND CENTS
PER Ton
10.
340 -0504
389.0
TON
ASPH CONC (TY D)
FOR DOLLARS
34.00
$
13,226.00
$
AND CENTS
PER Ton
I M I— MN EN • IM IMMIN=
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
11.
345 -0504
600.0
TON
ASPH STAB BASE (GR 4)
FOR DOLLARS
34.00
$
20,400.00
$
AND CENTS
PER Ton
12.
402 -0501
206.0
LF
TRENCH EXCAV PROTECTION
FOR DOLLARS
2.00
$
412.00
$
AND CENTS
PER Linear Foot
13.
423-0505
1,086.7
SF
RETAINING WALL (CONC BLOCK)
FOR DOLLARS
19.35
$
21,027.65
S
AND CENTS
PER Square Foot
14.
432 -0529
18.1
CY
RIPRAP (CONC) (CL 8) (5 IN)
FOR DOLLARS
260.00
$
4,706.00
$
AND CENTS
PER Cubic yard
15.
450-0669
387,8
LF
RAIL (HANDRAIL)
FOR DOLLARS
44.00
$
17,063.20
$
AND CENTS
PER Linear Foot
= NM = = I • OM 1 WE E NM I MOM= MI NM IIII
Reconstruction And Signilazation
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
16.
464 -0503
RC PIPE (CL 111)(18n)
205.5
LF
FOR DOLLARS
AND CENTS
56.00
11,508.00
PER Linear Fan.
S
S
17.
46541652
INLET (COMPL) (GRATE) (TY II)
1.0
EA
FOR DOLLARS
AND CENTS
3,500.00
3,500.00
PER Each
S
S
18.
465-0738
INLET (COMPL) (TYPE IIR) (10 FT)
1.0
EA
bbR DOLLARS
AND CENTS
3,250.00
3,250,00
PER Each
S
S
19.
467 -0580
SAFETY END TREAT (TY 11) (18 IN) (RCP) (6:1)
SP: 467-003
1.0
EA
FOR DOLLARS
AND CENTS
700.00
700,00
PER Each
S
20.
500 -0001
MOBILIZATION
1.0
LS
FOR DOLLARS
AND CENTS
20,000.00
20,000.00
PER Lump Sum
S
0
MI = MOM — ME M — MN MN M — — - -- MN
Reconstruction And Signalization
of McNeil Road @ County Road 192
PROPOSAL SHEET
Page 1
BID
ITEM
SPECIFICATION
ITEM
u,: •
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
. .c
AMOUNT
B O
21.
502 -0001
SP: 502 - 018
3,0
MO
BARRICADES, SIGNS & TRAFFIC HANDLING
FOR DOLLARS
950.00
$
2,850.00
$
AND CENTS
PER Lump Sum
22.
529 -0532
1125.0
LF
CONC CURB AND GUTTER (TYPE II)
FOR DOLLARS
7.60
1
8,550.00
$
AND CENTS
PER Linear Foot
23.
530 -0019
86.0
SY
CONC DRIVEWAY (6 EN)
FOR DOLLARS
54.00
$
4,644.00
$
AND CENTS
PER Square Yard
24.
531 -0502
360.0
SY
CONCRETE SIDEWALKS
FOR DOLLARS
24.00
5
8,640.00
$
AND CENTS
PER Square Yard
25.
644 -0501
3.0
EA
SMALL RDSD SIGN ASSM (TYPE A)
FOR DOLLARS
215.00
$
645.00
$
AND CENTS
PER Each
NM M EM- - - -- MI MO IN • NM I MI MI • • MN
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Pape 1
f BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
HID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NVMBRRS
AMOUNT
BID
26.
649 -0502
7.0
EA
REMOV SMALL RDSD ASSMS
FOR DOLLARS
350.00
S
2,450.00
S
AND CENTS
PER Each
27.
649 -0504
4.0
EA
RELOC SMALL RDSD ASSMS
FOR DOLLARS
150.00
$
600.00
S
AND CENTS
PER Each
28.
662 -0501
3296.0
LF
WRK ZN PAV MKR REMOV (W) (4 ") (SLD)
FOR DOLLARS
1.00
S
3,296.00
S
AND CENTS
PER Linear Foot
29.
662 -0502
110.0
LF
WRK ZN PAV MKR REMOV (W) (4 ") (BRK)
FOR DOLLARS
1.00
S
110.00
S
AND CENTS
PER Linear Foot
30.
662 -0511
43.0
LF
WRK ZN PAV MICR REMOV (W) (24 ") (SLD)
FOR DOLLARS
6.00
$
258.00
$
AND CENTS
PER Linear Foot
OM • r - - - - - MO MN I MI ME MI NM
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
BID
ITEM
SPECIFICATION
ITEM
ii LLD! 1
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
: AZ
AMOUNT
31.
662 -0523
5168.0
LF
WRIT ZN PAV MICR REMOV (Y) (4 ") (SLD)
FOR DOLLARS
1.05
$
5,426.40
S
AND CENTS
PER Linear Foot
32.
666 -0502
500.0
LF
REFL PAV MRK TY I (W) (4 ") (BRK)
FOR DOLLARS
0.80
1
400.00
$
AND CENTS
PER Linear Foot
33.
666-0512
68.0
LF
REEL PAV MRK TY I (W) (24 ") (SLD)
FOR DOLLARS
4.00
S
272.00
$
AND CENTS
PER Linear Foot
34.
666 -0513
2.0
EA
REFL PAV MRK TY [ (W) (ARROW)
FOR DOLLARS
100.00
S
200.00
S
AND CENTS
PER Linear Foot
35.
666 -0517
2.0
EA
REFL PAV MRK TY I (W) (WORD)
FOR DOLLARS
125.00
S
250.00
$
AND CENTS
PER Linear Foot
NM MN MO • OM MI MO MN NM OM I MI =MI= MO M — MN
Reconstruction And Signalization
of McNeil Road ® County Road 172
PROPOSAL SHEET
Page 1
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
36.
666 -0524
2371.0
LF
REFL PAV MRK TY I (Y) (4 ") (SLD)
FOR DOLLARS
0.80
5
1,896.80
$
AND CENTS
PER Linear Foot
37.
672 -0509
31.0
EA
RATS PAV MRKRCL B (REFL) TY n -A -A
FOR DOLLARS
5.50
S
170.50
$
AND CENTS
PER Linear Foot
38.
4024 -0001
205.0
LF
CONCRETE FENCING
FOR DOLLARS
48.00
$
9,840.00
$
AND CENTS
PER Linear Foot
39,
4248-0001
953.9
SF
TEMP EARTH WALLS
FOR DOLLARS
4.50
$
4,292.55
5
AND CENTS
PER Square Foot
40.
5005 -0501
20.0
LF
ROCK FILTER DAMS (TY I)
FOR DOLLARS
20.00
$
400.00
$
AND CENTS
PER Linear Foot
M• - - • • • OM • - - • - - - NM MI • NM
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
41.
5249 -0501
1347.0
LF
TEMP SEDMT CONT FENCE
FOR DOLLARS
2.50
3,367.50
3
AND CENTS
PER Linear Foot
42.
6032-0001
1.0
EA
INSTALLATION OF HIGHWAY TRAFFIC SIGNALS
FOR DOLLARS
66,300.00
66,300.00
$
AND CENTS
PER Each
Total Bid
IM = = OM M — — — — — — — — — — • •
Reconstruction And Signalization
of McNeil Road @ County Road 172
PROPOSAL SHEET
Page 1
342, a8o
$ 342, Sgb.Slo
xxl
TOTAL BASE BID (Items 1 thru 42):
STATEMENT OF SEPARATE CHARGES: �� o
Materials: Z �f —$ /2/ 4 96, °3
All Other Charges: $
Total: $ 34 Z, 58e).gaCQ
If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and
insurance certification as per the Instructions to Bidders and commence work within fifteen (15) days after written
Notice to Proceed. The undersigned further agrees to complete the work in full within sixty (60) working days after
the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the proposal 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 formalities.
i ‘ v
Respectfully Submitted,
44 -/ (i&q z4 /�/-I O. i3e,k 271D7
,<s,�=4/T /�-LsT, . 7 S - 1 1007
Title for Address
414/&2-4-/ , c�
C � �C':2 77.- CG YLiL��U�.cS � , Z - C} Zeo " ) I
1 —
Name of firm
/2 /-4
Date
Telephone
Secretary, if Contractor is a
Corporation
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
THIS AGREEMENT, made and entered into this 16 day of December, 1999, by and
between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of the
First Part, hereinafter termed the OWNER, and Aaron Concrete Company, Inc. of the
City of Austin, County of Travis, State of Texas Party of the Second Patl, hereinafter
termed Contractor. l i / /
McNeil Road @ CR 172 Roadway Reconstruction and Signalization
Page 1 of 8
WITNESSETH: That for and in consideration of the p ents and agreements
hereinafter mentioned, to be made and performed by said (Owner), the said
Second Party (Contractor), hereby agrees with the first Party to commence and complete
the construction of certain improvements at the prices set forth in the Contractor's
Proposal dated December 16, 1999 for certain improvements described as follows:
The Contractor shall perform all work shown on the Plans and described in the
Contract and shall meet all requirements of the Agreement, the General and Special
Conditions of the Contract; and such Orders and Agreements for Extra Work as may
subsequently be entered by the above named parties to this Agreement.
The Contractor hereby agrees to commence work under this contract within 15
consecutive calendar days after that date of the Notice to Proceed and shall cause work to
progress in a manner satisfactory to the Owner. Such work shall be completed in full
within sixty (60) working days after the date of the written Notice to Proceed. Time is of
the essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to make payments
on account, for the performance of the work in accordance with the Contract, at the prices
set forth in the Contractor's Proposal, subject to additions and deductions, all as provided
in the General Conditions of the Agreement.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
The following documents together with this Agreement, comprise the Contract, and they are fully a
part thereof as if herein repeated in full:
The Notice to Bidders
The Bid Bond
The Disadvantaged Business Enterprise Requirements
The Certification of Interest
The Child Support Statement
The Disclosure of Lobbying Activities
The Contractor's Assurance
The Proposal Sheets
The Genera] Provisions
The Governing Specifications and Special Provisions
The Certificate of Insurance
The Performance and Payment Bond
Addenda
Change Orders
The Plans
IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple
originals in the year and day first above written.
ATTEST:
IA
BY htLan"
R, City Secretary
By: vv f
Wct va 6, Lw✓61.
Secretary, if Contractor
is a Corporation or
otherwise registered with
the Secretary of the State
AGREEMENT- continued
Party of the First Part (Owner)
Mayor - City of/Round Rock
By:
Party of the Second Part n '
(Contractor)
Yroj::ci S4antix
k
Page 2 of 8
THE STATE OF TEXAS
PERFORMANCE BOND
Bond #929094324
Page 3 of 8
COUNTY OF WILLIAMSON
Aaron Concrete
KNOW ALL MEN BY THESE PRESENTS: That Contractors. Inc. of the City of
Anctin County of a is and State
of TAYac as Principal, and l Ie l �1f SPatei$si'tooa trtford
surety on bonds for principals are held and tinnily bound unto T CITY d OF ROUND ROCK_ TE
(Owner), in the penal sum of Free Hundred Forty—Two d az�rsan Five Hundred Eighty & 86/100
($ 942 580.86 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 Principal has entered into a certain written contract with the Owner dated the
28th day of January , 2000 Mt to which the contract is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
McNeil Road @ CR 172 Roadway Reconstruction and Signalization
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and
singular the covenants, conditions and agreements in and by said Contract, 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 Contract and occurring within a period of twelve (12) months from the
date of the contract Completion Certificate and all other covenants and conditions, according to the true intent
and meaning of said Contract 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.
*Mailing Address: Department of Public Works, 2008 Enterprise, Round Rock,
TX 78664
Pr jo,7.S- tanEraL:.o_
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
term of the contract, 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 contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 28th day of January, 2000
Aaron
Concrete Contractros, Inc. National Fire Insurance Company of Hartford
Principal / Surety
Title
PO Box 27107
Address
Austin. TX 78755 PO Box 2291, Austin, TX 78768
Resident Agent of Surety:
William H. Pitts.Jr.
Printed Name
%Summit Global Partners of Texas, Inc.
PO Box 2291, Austin, TX 78768
Address
City, State & Zip Code
J � 2 Signature
By: /AU /AU . G) (tl�I to
J n W. Wagner Q
Attorney —in —Fact
Title
%Summit Global Partners of Texas, Inc.
Address
F,4,,, kta�
_∎14 ia;.e.i I2:Tf,44
Page 4 of 8
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
William H. Pitts, Jr., John W. Wagner, Norman P. Rolling, James O. Schnell, Rose Marie Boriskie, Individually , of Austin, Texas
Roberta Jones, Emily Mikeska, Glenn Richards, Individually, of Temple, Texas
their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their 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 their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, primed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 11th day of March 1998 .
State of Illinois, County of Will, ss:
On this 11th day of March , 1998 , before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument,, that he knows the
seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
(Rev.10/1/97)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
My Commission Expires June 5, 2000
CERTIFICATE
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
// 41 1 111 1 . dettted"\
Marvin J. Cashion Group Vice President
Eileen T. Pachuta Notary Public
1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the
reverse hereooare still in e. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
y
this 2 L� ay cf
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
caecLuJz.,
Mary A. Ribikawskis Assistant Secretary
• Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY 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.
"Article IX —Execution of Documents
Section 3. Appointment of Attorney -in -fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior
or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in- fact."
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 at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company.
"Article VI— Execution of Obligations and Appointment of Attorney -in -Fact
Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney -in- fact."
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 at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attomey is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company,
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attomey -in -Fact"
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."
THE STATE OF TEXAS Bond #929094324
COUNTY OF WILLIAMSON
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That Aaron Concrete Contractors, Inc., of the
City of Austin, County of Travis, and State of Texas as Principal, and National Fire
Insurance Company of Hartford authorized under the laws of the State of Texas to act as
Surety on Bonds for Principals, are held 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 Three Hundred Forty-Two Thousand Five Hundred Eighty & 86/100 Dollars
($ 342,580.86) 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 contract with the Owner, dated
the 28 day of January, 2000, to which Contract is hereby referred to and made a part hereof
as fully and to the same extent as if copied at length herein consisting of:
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 Contract, 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.
postbid.mst/spec master
MCNEIL ROAD @ CR 172 ROADWAY RECONSTRUCTION AND
SIGNALIZATION
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, of 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 terns 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 28th day of January
Aaron Concrete Contractors. Inc.
Principal
By:
Title Title
PO Box 27107
Address
Austin, TX 78755
Resident Agent of Surety:
Tohn- W WagjIPr -
Printed Name
7Snmmit Global Partnarc of TPxaC, Inc.
Address PO Box 2291
Austin. TX 78768
City, State & Zip Code
Signature
postbid.msUspec master
National Fire Insurance Company of Hartford
Surety
By: W. W • 0
J W. Wagner
Address
PBD-6
Attorney -in -Fact
PO Box 2291. Anctin, TX 78766
02/25/2000 FRI 11:06 FAX 512 218 3242 Traffic Section 444 City Attorney 0002
'FEB. -08' 00(TUE) 15:09 TEL:14095424742 P. 002
)!/04/2000 14:3B FAX 5122185593 wan ruca.s•. uw•,.�
1
• )DUCER
nsurance Network of Texas
43'E. Austin.
nddings, Texas 78942
N ;LTRED
Aaron Cdncrete Contractors Inc. C
I
P.O. Box 27107 D
Austin, Texas 78755
rl as IS TO CERTIFY THAT the Insured flamed above is insured by the Companies listed above with respect to the business
F :rations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
3 the companies, and further hereinafter described. Exceptions to the policies are noted below.
it) TYPE OF INSURANCE POLICY
NUMBER
1
1
RT1FICATE OF LIABILITY INSURANCE
GENERAL T./ABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
oTle
.teia.m,v.pee mar.
EFFEC'I'IYE EXPIRATION
DATE DATE
GENERAL AGGREGATE 52,000,600.
PRODUCTS- COMP/OP woo. s2,000,000.00
C136121089 B -29 -99 8 -29 -00 masoNAt. a ADV. INJURY ,000,000'.00
C136121092 8 -29 -99 8 -29-00
EACH OCCURRENCE S 2,000,000.00
C122028301 8-29 -99 8 -29-00 AGGREGATE 5 2,000,000.00
WORKERS' COMPPNSATION AND EMPLOYERS' 1.LAE1 2TY STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LAM'
DISEASE - BACK ENSFLOM
W998181921 8 -29 -99 8 -29-00
COMPANIES AFFORDING COVEPAGB
A CNA Insurance Companies
B Superior National Insurance Car any
LIMITS
comer no SINGLE Ltt t1T
BODILY INJURY (Per paean)
9opILY 1NTURY (Per accident)
PROPERTY DAMAGE
Dace: 2-4-00
EACH OCCURRENCE s1,000,000.00
FIRE DAMAGE (Any om Ere) $ 300,000.
tan. EXPENSE (Ady ono parson) 3 10,000.00
51,000,000.00
s
$ 2,000,000.00
s 2,000,000.00
$ 2,(700,000. 00
, r ESCRTI
DON OF OPERATIONS /LOCATIONSNEHICLFS/Sp6CIAL PPEMSIEXCEFTIONS
'
RE: STS 97 (648) No. McNeii'Road
Certificate i-blder named as Additicnal Insured on Alto Liability and Cseneral Liability. Certificate I-bider nand
in fav2r on Waiver of 5u bl'c ation Gn Workers Caro Policy.
I 7 he City of hound Rock is named as additional natured with newt to all policies except Wrrkere Compensation and Employers' Liability, Should any
c 'the a bove policies by cancelled or changed before the expiration dale thereof, the issubsg company will mall %tarty (30) days wrinen notice
t the certitleate holder earned below.
( ERT1r7CATE HOLDER: Ciry of Round Rock
221 E. Main Street
Round Roar. Texas 7866e
attn! raannc Land
PBD -7
SIGNATURE OP AUTHORIZED RS�'i7VE
Typed Name:
Title: CEO
, Nitsche
To. City of Round Rock
221 East Main Street
Round Rock, Texas 78664
STP 97 (6481Mni MrNQj_l Rd.
Description of Wank
THIS IS TO CERTIFY THAT Aaron Concrete Contractors, is at the date of this certificate,
insured by this company with respect to the business operations hereinafter deer tibtd. far the types of
insurance and tn accordance with nit provisions of the standard policies used by this company. and Hefter
hereinafter described. Exceptions to standard policies arc noted on the reverse side hereof.
TYPE OE POLICY EFFECITYE EXPIRATION LIM1S OF
INS NO DATE DATE LIABILTTY
Workmen's
Compensation
Comprehensive
General C136121089
Liability
Covers
Independent
Contractors
owners
Protective
Contractors
Includes
Contractual
Liability
8 - 29 - 99
Comprehensive
Automobile C136121092 8 - 29 - 99
Liability
Owned Vehicles
Hired Vehicles
Nan-owned Vehicles
Included Contractual Liability
Contractual
Liability
clERTI CATE+`ORINSU$ANC%
8 -29-00
Date- 2 -4 -00
Statutory. Start of
Texas, $
ymplayds Liability
Bodily Injury
8-29-03 $
S
Property Damage
S _
S
Bodily Injury
S
S
Propctty Damage
Pagel of 8
-J Agg.- 2,000,000.00
tpusonProd. -Carp 2,000,000.00
Iladily 1rjury
S /oersoo
S /accident
Property Damage
$
— _._Jeaoident
S eg regale
/accide
Op /Agg
Personal Inj. 1,000,000.00
Each Occur.- 1,003,000.00
F�ir Damage - 300,003.00
/accidci ry Exp - 10,000.00
aggrevite
/person CSL - $1,000,000.00
_Accident
r•..wc! �r.nnod.uu
i
. r� rn +a�TO , YQ ill 00 00 '75
02/03/00 10 :56 FAX 5129262291 AARON CONCRETE
'02/05/2$0 THU 08:55 FAX 512 218' 5202+ Traffic 5nct1on
1
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CertB of IparitlarlGe Ccon liml�
The above policies either in the body thereof or by appropriate endorsement provide that thcy may nut be
changed or canceled by the insurer in less than thirty (3ff) days after the insured has received written norict of
such change orcencenanna.
The Certificate of Insurance em neither affirmatively or negatively ends extends. or alters the coverage afforded
by policy or policies indicated by this cenificate-
CNA Insurance Corpany
Name of Insurer
Insurance Network of Texas
R. J. Nitsche
By:
Tide: Agent
143 E. Austin
Address:
(;i.thjngt. TPxns 78942
Page B of 8
P1
: _. i VG 1151 . \.11
N003
CONTROL: 0914 -05 -099
PROJECT: STP97(648)MM
HIGHWAY: CR 171
COUNTY: WILLIAMSON
CITY OF ROUND ROCK, TEXAS
GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS
ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE IDENTIFIED
AS FOLLOWS:
STANDARD SPECIFICATIONS: ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION
MARCH 1, 1993, AND AS ADOPTED BY THE ROUND ROCK CITY COUNCIL. STANDARD
SPECIFICATIONS ARE INCORPORATED INTO THE CONTRACT BY REFERENCE.
ITEMS 1 TO 9 INCL., GENERAL REQUIREMENTS AND COVENANTS
ITEM 100 PREPARING RIGHT OF WAY (132
ITEM 110 EXCAVATION (132) (213)
ITEM 132 EMBANKMENT (204) (211) (213) (400)
ITEM 160 FURNISHING AND PLACING TOPSOIL (204)
ITEM 164 SEEDING FOR EROSION CONTROL (166) (168)
ITEM 247 FLEXIBLE BASE (204) (210) (211) (213)
ITEM 310 PRIME COAT (CUTBACK ASPHALTIC MATERIAL) (300)
ITEM 340 HOT MIX ASPHALTIC CONCRETE PAVEMENT (300) (301)
(520) (217) (585) (213)
ITEM 345 ASPHALT STABILIZED BASE (PLANT MIX) (300) (301) (520)
(213) (217)
ITEM 402 TRENCH EXCAVATION PROTECTION
ITEM 423 RETAINING WALL (110) (132) (400) (420) (421) (424) (440)
(445) (458) (520) (524) (526) (556)
ITEM 432 RIPRAP (420) (421) (440) (520) (524) (526)
ITEM 450 RAILING (420) (421) (440) (441) (442) (445) (448)
ITEM 464 REINFORCED CONCRETE PIPE (400)
ITEM 465 MANHOLES AND INLETS (400) (420) (421) (424) (440) (471)
(520) (524) (526)
ITEM 467 SAFETY END TREATMENT (400) (420) (421) (424) (432)
(440) (464)
ITEM 500 MOBILIZATION
ITEM 502 BARRICADES, SIGNS AND TRAFFIC HANDLING
ITEM 529 CONCRETE CURB, GUTTER AND COMBINED CURB
AND GUTTER (360) (420) (421) (437) (440) (526)
ITEM 530 DRIVEWAYS AND TURNOUTS (360) (522)
ITEM 531 SIDEWALKS (360) (420) (421) (437) (440) (526)
;:;es;i SSanual dec
LA;t pii iucd X1.12. €,')9 2 4, 3.'M
Page 1 of 3
ITEM 644
ITEM 649
ITEM 662
ITEM 666
ITEM 672
SMALL ROADSIDE SIGN ASSEMBLIES (421) (440) (634)
(636) (643) (643) (646) (656)
REMOVING AND RELOCATING ROADSIDE SIGN
ASSEMBLIES (445) (634) (636) (643) (646) (656) (634) (646)
WORK ZONE PAVEMENT MARKINGS (666) (672) (677)
REFLECTORIZED PAVEMENT MARKINGS (677) (678)
RAISED PAVEMENT MARKERS (677) (5295)
Page 2 of 3
SPECIAL PROVISIONS: SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER
THE SPECIFICATIONS ENUMERATED HEREON WHEREVER IN CONFLICT THEREWITH.
REQUIRED CONTRACT PROVISIONS, FEDERAL -AID CONSTRUCTION CONTRACTS (FORM
FHWA 1273, DECEMBER, 1993)
WAGE RATES D(99 -43
SPECIAL PROVISION "STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS" (000 - --001)
SPECIAL PROVISION "CERTIFICATION OF NONDISCRINIINATION IN EMPLOYMENT' (000 - --003)
SPECIAL PROVISION "DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL -AID
CONSTRUCTION' (000 --443)
SPECIAL PROVISION "NOTICE TO ALL BIDDERS" (000 - - -482)
SPECIAL PROVISION "NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY (000- -1981)
SPECIAL PROVISION "SCHEDULE OF LIQUIDATED DAMAGES" (000 -- -2047)
SPECIAL PROVISION "INSTRUCTIONS TO BIDDERS"
SPECIAL PROVISION "LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC"
SPECIAL PROVISION TO ITEM 213 (213 -- -001)
SPECIAL PROVISION TO ITEM 300 (300 -- -011)
SPECIAL PROVISION TO ITEM 340 (340 -- -007)
SPECIAL PROVISION TO ITEM 345 (345 -- -003)
SPECIAL PROVISION TO ITEM 400 (400 -- -001)
SPECIAL PROVISION TO ITEM 420 (420 - -009)
SPECIAL PROVISION TO ITEM 421 (421 -- -018)
SPECIAL PROVISION TO ITEM 437 (437 - - -001)
SPECIAL PROVISION TO ITEM 445 (445 - --001)
SPECIAL PROVISION TO ITEM 464 (464 -- -003)
SPECIAL PROVISION TO ITEM 467 (467 -- -003)
SPECIAL PROVISION TO ITEM 502 (502- -018)
SPECIAL PROVISION TO ITEM 520 (520- --001)
SPECIAL PROVISION TO ITEM 524 (524- -004)
SPECIAL PROVISION TO ITEM 526 (526 -- -003)
SPECIAL PROVISION TO ITEM 662 (662 -- -004)
SPECIAL PROVISION TO ITEM 666 (666 -- -018)
�aa! doc
PM
SPECIAL PROVISION TO ITEM 672 (672 -- -012)
SPECIAL SPECIFICATIONS:
ITEM 4024 CONCRETE FENCING ( 110)( 132 )(421)(424)(440)(520)(524)(526)
ITEM 4248 TEMPORARY EARTH WALLS (132)
ITEM 5004 TEMPORARY EROSION, SEDIMENTATION AND WATER
POLLUTION PREVENTION AND CONTROL
ITEM 5005 ROCK FILTER DAMS FOR EROSION AND
SEDIMENTATION CONTROL (5004) (5012)
ITEM 5012 EARTHWORK FOR EROSION CONTROL
ITEM 5249 TEMPORARY SEDIMENT CONTROL FENCE (5004)
ITEM 5295 EPDXY AND ADHESIVES
ITEM 6003 VEHICLE LOOP WIRE SEALANT
ITEM 6032 INSTALLATION OF HIGWAY TRAFFIC SIGNALS (610) (618) (620)
(624) (625) (627) (628) (634) (636) (656) (682) (684) (686) (688)
(5295) (6003)
Page 3 of 3
GENERAL: THE ABOVE- LISTED SPECIFICATION ITEMS ARE THOSE UNDER WHICH PAYMENT IS
TO BE MADE THESE, TOGETHER WITH SUCH OTHER PERTINENT, IF ANY, AS MAY
BE REFERENCED TO IN THE ABOVE- LISTED SPECIFICATIONS ITEMS, AND INCLUDING
THE SPECIAL PROVISIONS LISTED ABOVE, CONSTITUTE THE COMPLETE
SPECIFICATIONS FOR THIS PROJECT.
. n.,c °.ci Mar;uai doc
La! Drnuad
GRADING REQUIREMENTS
ITEM DESCRIPTION (PERCENT RETAINED- SIEVE)
LL P. I. SEE
13/4" 7/8' 3/8" #4 #40 MAX MAX MIN NOTE
247 FLEX BASE 0 8 -30 30-60 45 -70 70-85 35 12 1 -3
345 AGGR (GR 4) 0 8 -30 30 -60 45 -70 70-80 35 12
1. TRIAXIAL CLASS SHALL BE 1.0 OR BETTER
THE AVERAGE COMPRESSIVE STRENGTH OF FLEXIBLE BASE SAMPLED FROM
THE STOCKPILE SHALL BE 45 PSI AT 0 PSI LATERAL PRESSURE AND 175 PSI AT 15
PSI LATERAL PRESSURE WHEN TESTED IN ACCORDANCE WITH TEST METHOD
TEX- 117 -E.
2. WET BALL MILL WILL NOT BE ALLOWED.
3. BAR LINEAR SHRINKAGE FACTOR WILL NOT BE REQUIRED
COMPACTION REQUIREMENTS FOR BASE COURSES
PERCENT OF DENSITY AS DETERMINED BY COMPACTION RATIO (TEX- 113 -E)
ITEM MATERIAL ALL ROADWAYS
COURSE MIN. DENSITY
247 FLEX BASE (COMPL IN PLACE) 1 95
2 98
3 100
Page lof2
Frricci 11nnua doc
d 11 :5 - i AM
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BASIS OF ESTIMATE
ITEM DESCRIPTION RATE BASIS QUANTITY
160 FURN & PLAC TOPSOIL 1 CY/7 SY 1,742 SY 249 CY*
164 SEED FOR EROSN CONT 1,742 SY 0.4 AC*
166 FEAT (13- 13 -13) 1/8 LB /SY 1,742 SY 0.11 TON*
168 VEG WATERING
(ITEM 164) (TEMP) 10 GAL/SY 1,742 SY 17 MG*
(ITEM 164) (PERM) 20 GAL/SY 1,742 SY 34 MG*
204 SPRINK
(ITEM 132) 30 GAL/CY 1,461 CY 44 MG*
(ITEM 160) 100 GAL/CY 249 CY 25 MG*
(ITEM 247) 30 GAL/TON 1,905 TON 57 MG*
210 ROLL (FLAT WHEEL)
(ITEM 247) 1 HR/200 TON 1,905 TON 10 HR*
211 ROLL (TAMPING)
(11bM 132) 1 HR/200 CY 1,461 CY 7 HR*
(ITEM 247) 1 HR/400 TON 1,905 TON 5 HR*
212 ROLL (HEAVY TAMP)
(ITEM 132) 1 HR/200 CY 1,461 CY 7 HR*
(11bM 247) 1 HR/400 TON 1,905 TON 5 HR*
213 ROLL (LT PNEU TIRE)
(ITEM 132) 1 HR/500 CY 1,461 CY 3 HR*
(ITEM 247) 1 HR/200 TON 1,905 TON 10 HR*
247 FLEX BASE (COMP IN PLAC) 27 CF /CY 28,404 CF 1,052 CY
(TY D GR 6 CL 4) 3,618 LB /CY 1,052 CY 1.905 TON*
310 ASPH MATRL (MC -30 OR AE -P) 0.20 GAL/SY 3,532 SY 706 GAL
340 ASPH CONC PAV
(TY C) 2 I 110 LB /SY/IN 3,532 SY 389 TON
ASPH (AC) 5 % 389 TON 19 TON
AGGR (TY C) 95 % 389 TON 370 TON
340 ASPH CONC PAV
(TY D) 2 I 110 LB /SY/IN 3,532 SY 389 TON
ASPH (AC) 5 % 389 TON 19 TON
AGGR (TY D) 95 % 389 TON 370 TON
*FOR INFORMATIONAL PURPOSES ONLY
Page 2of 2
Manuoidoc
GENERAL NOTES
CONSTRUCTION NOTES
Page 1 of 6
1. THE STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF HIGHWAYS, STREETS AND
BRIDGES (1993) OF THE TEXAS DEPARTMENT OF TRANSPORTATION AS ADOPTED BY THE
CITY OF ROUND ROCK SHALL GOVERN MATERIALS AND METHODS USED TO DO THIS
WORK.
2. PRIOR TO BEGINNING CONSTRUCTION, THE OWNER OR HIS AUTHORIZED REPRESENTATIVE
SHALL CONVENE A PRE- CONSTRUCTION CONFERENCE BETWEEN THE CITY OF ROUND
ROCK, CONSULTING ENGINEER, CONTRACTOR(S), UNION PACIFIC RAILROAD, AND ANY
OTHER AFFECTED PARTIES. ALL PARTIES WILL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO
THE TIME OF THE CONFERENCE.
3. CONTRACTOR SHALL NOTIFY UNION PACIFIC RAILROAD PRIOR TO START OF ANY
CONSTRUCTION WITHIN 50 FEET OF THE UNION PACIFIC TRACK.
4. THE CONTRACTOR SHALL GIVE THE CITY OF ROUND ROCK A MINIMUM OF 48 HOURS
NOTICE BEFORE BEGINNING EACH PHASE OF CONSTRUCTION. TELEPHONE 218 -5555, PUBLIC
WORKS DEPARTMENT.
5. UNION PACIFIC RAILROAD COMPANY
PROTECTION OF FIBER OPTIC CABLE SYSTEMS
FIBER OPTIC CABLE SYSTEMS MAY BE BURIED ON THE RAILROAD'S PROPERTY.
PROTECTION OF THE FIBER OPTIC CABLE SYSTEM IS OF EXTREME IMPORTANCE SINCE ANY
BREAK COULD DISRUPT SERVICE TO USERS RESULTING IN BUSINESS INTERRUPTION AND
LOSS OF REVENUE AND PROFITS. THE CONTRACTOR SHALL TELEPHONE THE RAILROAD AT
1 -800- 336 -9193 (A 24 -HOUR NUMBER) TO DETERMINE IF FIBER OPTIC CABLE IS BURIED
ANYWHERE ON THE RAILROAD'S PREMISES TO BE USED BY THE CITY. IF IT IS, THE CITY
WILL TELEPHONE THE TELECOMMUNICATIONS COMPANY (IES) INVOLVED, ARRANGE FOR
A CABLE LOCATOR AND MAKE ARRANGEMENTS FOR RELOCATION OR OTHER PROTECTION
OF THE FIBER OPTIC CABLE PRIOR TO BEGINNING ANY WORK ON THE RAILROAD'S
PREMISES. ALSO, PRIOR TO INSTALLING THE PROPOSED INLET AT STA. 23 +82, THE
CONTRACTOR SHALL BE REQUIRED TO VERIFY LOCATION OF THE FIBER OPTIC CABLE,
WHICH COULD RESULT IN MODIFICATIONS TO THE INLET, IF IN CONFLICT.
6. CONTRACTOR SHALL VERIFY EXACT DEPTH AND LOCATION OF ALL UTILITIES PRIOR TO
BEGINNING OF CONSTRUCTION. ANY EXISTING PAVEMENT, CURBS, FENCES AND /OR
SIDEWALKS DAMAGED OR REMOVED WILL BE REPAIRED BY THE CONTRACTOR AT HIS
OWN COST. UTILITIES SHALL BE CONTACTED A MINIMUM OF 48 HOURS PRIOR TO
CONSTRUCTION.
7. PAVEMENT DESIGN IS DICTATED BY THE PREVIOUSLY SUBMITTED GEOTECHNICAL REPORT
(JACK H. HOLT & ASSOC., INC., 10 APRIL 1987), AND NOTE THE FOLLOWING PAVEMENT
DESIGNS:
31/2" ASPHALTIC CONCRETE
(4" ASPHALTIC CONCRETE USED ON PROJECT)
131/2" CRUSHED LIMESTONE FLEXIBLE BASE
Page 2 of 6
8. DUST CONTROL MEASURES PROVIDED BY THE CONTRACTOR AT THE DISCRETION OF THE
CITY INSPECTOR.
9. BASE DENSITY AND THICKNESS TESTS ARE REQUIRED PRIOR TO APPLICATION OF PRIME
COAT.
10. ALL TESTING SHALL BE MADE BY AN INDEPENDENT LABORATORY. AN AUTHORIZED
REPRESENTATIVE OF THE OWNER SHALL BE PRESENT WHEN SUCH TESTS ARE MADE. THE
ACTUAL NUMBER OF INDIVIDUAL TEST LOCATIONS REQUIRED SHALL BE DETERMINED BY
THE CITY ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. THE FIRST TEST WILL BE AT
OWNERS EXPENSE, ALL RETESTS SHALL BE AT CONTRACTOR'S EXPENSE. PAVEMENT
SURFACE SHALL BE TYPE "D" HOT -MIX, HOT -LAY ASPHALTIC CONCRETE WITH A MINIMUM
ASPHALT CONTENT OF 5 %.
11. BACKFILL BEHIND CURBS SHALL BE COMPACTED AS DIRECTED BY THE ENGINEER..
MATERIAL USED FOR CURB BACKFILL SHALL BE PRIMARILY GRANULAR (CLAY MATERIAL
WITH P.I. GREATER THAN 35 ARE PROHIBITED) AND FREE FROM STONES LARGER THAN 11/2"
IN THEIR GREATEST DIMENSION. A 3" LAYER OF SANDY LOAM TOP SOIL SHALL BE PLACED
ON THE BACKFILL UP TO FINISH GRADE. NO DIRECT PAYMENT WILL BR MADE FOR THIS
WORK, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
12. EXISTING ASPHALT OR CONCRETE STRUCTURES, DRIVEWAYS, AND PAVEMENT SECTIONS
TO BE TIED INTO SHALL BE SAW CUT TO SMOOTH, NEAT LINES.
13. ALL EXISTING MANHOLE FRAME, COVERS, AND WATER VALVES WITHIN THE STREET
SHALL BE RAISED TO FINISH PAVEMENT GRADE PRIOR TO FINAL PAVING CONSTRUCTION.
PAYMENT FOR THIS WORK SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID
ITEMS.
14. AT INTERSECTIONS WHICH HAVE VALLEY DRAINAGE, THE CROWN OF THE INTERSECTING
STREET WILL BE CULMINATED IN A DISTANCE OF 40' FROM THE INTERSECTING CURB LINE
UNLESS OTHERWISE NOTED.
15. SIDEWALKS SHALL BE CONSTRUCTED ON THE NORTH SIDE OF McNeil ROAD IN
ACCORDANCE WITH THE PLANS.
16. A CURB LAYDOWN IS REQUIRED AT ALL POINTS WHERE THE PROPOSED SIDEWALK
INTERSECTS THE CURB.
17. ALL TRAFFIC SIGNS ARE TO BE TEMPORARILY RELOCATED AND MAINTAINED BY THE
CONTRACTOR DURING CONSTRUCTION ARE INDICATED ON THE PLANS. AFTER
COMPLETION OF THE ROADWAY SAID SIGNS SHALL BE REPOSITIONED IN PERMANENT
LOCATIONS AS SHOWN IN THE PLANS.
18. THE CONTRACTOR SHALL FURNISH AND MAINTAIN ADEQUATE WARNING SIGNS,
BARRICADES, FLASHERS, OR OTHER TRAFFIC CONTROL DEVICES TO BE PLACED AFTER
WORKING HOURS AS NEEDED IN ACCORDANCE WITH THE PLANS, THE"1980 TEXAS MANUAL
ON UNIFORM TRAFFIC CONTROL DEVICES" OR AS DIRECTED BY THE ENGINEER.
19. STRIPING AND SIGNAGE SHALL CONFORM TO "1980 TEXAS MANUAL ON UNIFORM TRAFFIC
CONTROL DEVICES ".
20. ALL R.C.P. USED FOR DRAINAGE PURPOSES SHALL BE ASTM -C76, CLASS III, WALL B, (UNLESS
OTHERWISE NOTED ON THE PLANS). ALL JOINTS SHALL BE SEALED WITH "RAM- NECK"
JOINT FILLER OR APPROVED EQUAL, UNLESS STATED OTHERWISE ON THE DRAWINGS.
Page 3 of 6
21. THE EXISTING PAVEMENT STRUCTURE SHALL BE SCARIFIED, PRIOR TO ANY EMBANKMENT
OR FLEXIBLE BASE OPERATIONS.
22. THE REMOVAL OF SILT FENCES AND ROCK BERMS WILL NOT BE PAID FOR DIRECTLY, BUT
SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. REMOVAL OF
ACCUMULATED SILT AT SILT FENCE AND ROCK BERM LOCATIONS SHALL BE AS DIRECTED
BY THE ENGINEER AND ALSO WILL NOT BE PAID FOR DIRECTLY, BUT SHALL BE
CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
23. THE ELIMINATION OF EXISTING PAVEMENT MARKINGS SHALL BE AS DIRECTED BY THE
ENGINEER. NO DIRECT PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL BE
CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
24. THE FOLLOWING CONCRETE BLOCK RETAINING WALL SYSTEMS ARE APPROVED FOR THIS
PROJECT:
KEYSTONE RETAINING WALLS
JEWELL CONCRETE PRODUCTS, INC.
P O BOX 7315
WACO, TEXAS 78716
(800) 792 -3216
ANCHOR WALL SYSTEM
PAVESTONE COMPANY
P O BOX 1868
GRAPEVINE, TEXAS 76051
(817) 483 5802
VERSA -LOC RETAINING WALLS
TEXAS INDUSTRIES
P O BOX 223988
DALLAS, TEXAS 75222
(214) 647 3777
AMASTONE EARTH RETENTION SYSTEMS
BLOCKS AND WALLS, INC.
P O BOX 1157
DEL VALLE TEXAS 78617
(512) 389 0270
PYRAMID BLOCKWALLS
THE REINFORCED EARTH COMPANY
1905 CENTRAL DRIVE
SUITE 100
BEDFORD, TEXAS 78767
(817) 283 5503
STONEWALL RETAINING WALLS
FEATHERLITE BUILDING PRODUCTS
P O BOX 1029
AUSTIN, TEXAS 78767
(512) 472 2424
MESA RETAINING WALL SYSTEM
TENSAR EARTH TECHNOLOGIES, INC.
5775 B GLENRIDGE DRIVE
SUITE 450
ATLANTA, GEORGIA 30328
(404) 2501290
ALLAN BLOCK RETAINING WALLS
EAGLE RETAINING WALLS
EAGLE CONCRETE PRODUCTS
6415 HARDY STREET
HOUSTON, TEXAS 77022
(800) 933 5509
Page 4 of 6
TRAFFIC CONTROL NOTES
Page 5 of 6
THE LIST OF STEPS CONTAINED IN THE "SUGGESTED SEQUENCE OF WORK" MAY NOT INCLUDE
ALL WORK ASSOCIATED WITH THIS CONTRACT, AND AS SUCH WILL NOT RELIEVE THE
CONTRACTOR OF THE RESPONSIBILITY TO COMPLETE THE WORK AS OUTLINED IN THESE
PLANS.
THE PHASES SHOWN GENERALLY INDICATE THE EARLIEST TIME IN WHICH THE VARIOUS
PARTS OF THE PROJECT MAY BE CONSTRUCTED. THE CONTRACTOR, UPON APPROVAL OF THE
ENGINEER, MAY VARY ANY PHASE AS NECESSITATED BY ACTUAL CONSTRUCTION
PROCEDURES.
THE PHASES SHALL BE OVERLAPPED AS REQUIRED TO CONSTRUCT THE PROJECT IN THE LEAST
POSSIBLE TIME.
THE CONTRACTOR MAY REQUEST TO ALTER THE TRAFFIC CONTROL PLAN AND SUGGESTED
SEQUENCE OF WORK. ANY REQUESTS MUST BE SUBMITTED TO THE ENGINEER IN WRITING
AND WILL BE SUBJECT TO WRIT 1EN APPROVAL.
WRITTEN PERMISSION FROM THE ENGINEER IS REQUIRED BEFORE SUBSTITUTING OTHER
DEVICES FOR THOSE SHOWN ON THE TRAFFIC CONTROL PLAN SHEETS.
ALL SIGNS, BARRICADES, AND PAVEMENT MARKINGS SHALL CONFORM TO THE "WORK ZONE
STANDARDS" AND THE "TRAFFIC CONTROL PLAN STANDARDS" OF THE TEXAS DEPARTMENT OF
TRANSPORTATION TRAFFIC OPERATIONS DIVISION AND TO THE "TEXAS MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES ".
THE CONTRACTOR SHALL TAKE CARE TO ASSURE THAT ALL TRAFFIC CONTROL DEVICES AND
WORK ZONE PAVEMENT MARKINGS BE KEPT IN A HIGHLY VISIBLE CONDITION ( CLEAN,
UPRIGHT, AND IN THEIR PROPER LOCATION ).
SIGNS, BARRICADES AND CHANNELIZING DEVICES ARE SHOWN AT APPROXIMATE LOCATIONS
ON THE TRAFFIC CONTROL PLAN SHEETS. ACTUAL LOCATIONS MAY VARY AS DICTATED BY
FIELD CONDITIONS OR AS DIRECTED BY THE ENGINEER.
ANY DEVICE PLACED BY THE CONTRACTOR SHALL BE LOCATED IN SUCH A MANNER AS NOT
TO INTERFERE WITH THE SIGHT DISTANCE OF DRIVERS ENTERING THE ROADWAY.
IF OTHER SIGNS, BARRICADES, ETC., ARE DEEMED NECESSARY BY THE ENGINEER TO CONTROL
AND /OR PROVIDE SAFETY FOR THE TRAVELING PUBLIC AT ANY TIME DURING THE DURATION
OF THIS PROJECT, THE CONTRACTOR SHALL PROVIDE THESE ADDITIONAL TRAFFIC CONTROL
DEVICES. PAYMENT WILL NOT BE MADE DIRECTLY BUT WILL BE CONSIDERED SUBSIDIARY TO
BID ITEM 20, "BARRICADES, SIGNS, AND TRAFFIC HANDLING ".
IF, AT ANY TIME, TRAFFIC LANES NEED TO BE LESS THAN 10 FEET IN WIDTH, THE CONTRACTOR
SHALL PROVIDE FLAGGERS AT THE UPSTREAM END OF THIS RESTRICTION. THESE
RESTRICTIONS SHALL BE REMOVED FOR NIGHTTIME TRAFFIC.
THOSE PORTIONS OF THE PROJECT WHICH REQUIRE CONSTRUCTION UNDER TRAFFIC SHALL BE
MAINTAINED IN A CONDITION ACCEPTABLE TO THE ENGINEER, THIS WORK WILL NOT BE PAID
FOR DIRECTLY BUT WILL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
Page 6 of 6
CONSTRUCTION IN ANY AREA THAT IS ADVERSELY Al- ECTING TRAFFIC FLOW AND /OR SAFETY
MUST BE PURSUED DILIGENTLY BY THE CONTRACTOR. IF, IN THE OPINION OF THE ENGINEER,
CONSTRUCTION IS NOT PROCEEDING TOWARDS COMPLETION IN THESE AREAS, THE ENGINEER
MAY REQUIRE THE CONTRACTOR TO ALTER THE WORK SCHEDULE TO EXPEDITE COMPLETION
IN THE AREAS OF CONCERN.
WORK SHALL BE CONTINUOUS AND PROGRESS EXPEDIENTLY IN INTERSECTION AREAS ONCE A
STREET IS CLOSED IN ORDER TO MINIMIZE CLOSURE TIME.
THE CONTRACTOR IS RESPONSIBLE FOR CONTINUED PROPERTY ACCESS DURING ALL PHASES
OF CONSTRUCTION. A MINIMUM OF ONE DRIVEWAY MUST REMAIN OPEN TO EACH PROPERTY
AT ALL TIMES.
THE CONTRACTOR IS RESPONSIBLE FOR PROPER DRAINAGE DURING ALL PHASES OF
CONSTRUCTION. WATER WILL NOT BE ALLOWED TO POND ON ANY ROADWAY SURFACE AND
RUNOFF FROM ADJACENT PROPERTIES SHALL NOT BE IMPEDED. THIS MAY INVOLVE THE
CONSTRUCTION OF TEMPORARY DRAINAGE FACILITIES AS DIRECTED BY THE ENGINEER. THE
COST OF ANY ADDED MATERIALS REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF
ANY TEMPORARY DRAINAGE FACILITIES WILL NOT BE PAID FOR DIRECTLY BUT WILL BE
CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS INVOLVED.
GENERAL PROVISIONS
TABLE OF CONTENTS
ITEM 1: DEFINITION OF TERMS 1
1.1 Definitions. 1
1.2. Abbreviations: 1
1.3. Arterial Highway. 2
1.4. Bidder. 2
1.5. Bridges. 2
1.6. Certificate of Insurance. 2
1.7. Council. 2
1.8. Construction Bulletin C -5. 2
1.9. Construction Bulletin C-6. 2
1.10. Construction Bulletin C.8. 2
1.11. Construction Bulletin C -9. 2
1.12. Construction Bulletin C-1 1. 2
1.13. Construction Bulletin C -14. 2
1.14. Contract. 2
1.15. Contractor. 2
1.16. Controlled Access Highway. 2
1.17. Control of Access. 2
1.18. County. 3
1.19. Culvert. 3
1.20. Department. 3
1.21. Departmental Material Specifications. 3
1.22. Engineer. 3
1.21 Expressway. 3
1.24. Freeway. 3
1.25. Frontage Street or Frontage Road. 3
1.26. Hazardous Materials/Waste. 3
1.27. Highway, Divided. 3
1.28. Highway, Street or Road. 3
1.29. Inspector. 3
1.30. Intersection. 3
1.31. Island. 3
1.32. Laboratory. 3
1.33. Letting Official. 4
1.34. Local Street or Local Road. 4
1.35. Major Street or Major Highway. 4
1.36. Manual of Testing Procedures. 4
1.37. Materials. 4
1.38. Median. 4
1.39. Nonresident Bidder. 4
1.40. OSHA. 4
1.41. Pavement. 4
1.42. Payment Bond. 4
1.43. Performance Bond. 4
1.44. Plans. 4
1.45. Power of Attorney for Surety Bonds. 4
1.46. Project. 4
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1.47. Proposal. 4
1.48. Proposal Guaranty. 4
1.49. Ramp. 5
1.50. Registered Professional Engineer. 5
1.51. Rental Rate Blue Book for Construction Equipment. 5
1.52. Right of Way. 5
1,53. Roadbed 5
1.54. Roadway. 5
1.55. Senecas and Sieves. 5
1.56. Shoulder. 5
1.57. Special Provisions. 5
1.58. Special Specifications. 5
1.59. Specifications. 5
1.60. City. 5
1.61. Subgrade. 5
1.62. Substructure. 5
1.63. Superintendent. 6
1.64. Superstructure. 6
1.65. Supplemental Agreements. 6
1.66. Surety. 6
1.67. Temporary Structures. 6
1.68. TMUTCD. 6
1.69. Traffic Lane. 6
1.70. Traveled Way. 6
1.71. The Work. 6
1.72. Working Day. 6
1.73. Work Order. 7
ITEM 2 INSTRUCTIONS TO BIDDERS 7
2.1. Contents of Proposal Forms. 7
2.2. Interpretation of Estimates of Quantities. 7
2.3. Examination of Plans, Specifications, Special Provisions and Site of Work. 7
2.4. Competency of Bidders. 7
2.5. Preparation of Proposal. 7
2.6. Rejection of Proposals. 8
2.7. Proposal Guaranty. 8
2.8. Delivery of Proposal. 8
2.9. Revision of Proposal Unit Prices. 8
2.10. Withdrawal of Proposal. 9
2.11. Public Opening of Proposals. 9
2.12. Disqualification of Bidder. 9
2.13. Gratuities. 9
ITEM 3 AWARD AND EXECUTION OF CONTRACT 9
3.1. Consideration of Bids. 9
3.2. Award of Contract. 10
3.3. Return of Proposal Guaranty. 10
3.4. Execution of Contract, Bonds and Certificate of Insurance. 10
3.5. Execution and Approval of Contract. 10
3.6. Failure to Execute Contract, Bonds and Certificate of Insurance. 10
3.7. Beginning of Work. 10
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3.8. Antitrust. 10
ITEM 4 SCOPE OF WORK 10
4.1. Intent of Plans and Specifications. 10
4.2. Significant Changes in the Character of Work. 11
4.3. Extra Work. 11
4.4. Claims and Disputes. 11
4.5. Maintenance of Detours and Existing Facilities. 12
4.6. Use of Materials Found on the Right of Way. 12
4.7. Final Clean Up. 12
ITEM 5 CONTROL OF THE WORK 13
5.1. Authority of Engineer. 13
5.2. Engineer as Referee. 13
5.3. Plans and Working Drawings. 13
5.4, Conformity with Plans, Specifications and Special Provisions. 14
5.5. Coordination of Plans, Specifications and Special Provisions. 14
5.6. Cooperation of Contractor. 14
5.7. Construction Stakes. 14
5.8. Authority and Duries of Inspectors. 15
5.9. Inspection. 15
5.10. Federal Inspection. 16
5.11. Removal of Defective and Unauthorized Work, 16
5.12. Final Inspection. 16
ITEM 6 CONTROL OF MATERIALS 16
6.1. Sources of Supply and Quality of Materials. 16
6.2. Samples and Tests. 17
6.3. Plant Inspection. 17
6.4. Pretested Materials. 18
6.5. Storage of Materials. 18
6.6. Defective Materials. 18
6.7. Hauling of Divisible Materials Paid for by Weight or Truck Measure. 18
6.8. Construction Traffic on Structures. 20
6.9. Construction Loads on Structures. 20
ITEM 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 20
7.1. Laws to be Observed. 20
7.2. Permits, Licenses and Taxes. 21
7.4. Insurance. 21
7.5. Restoration of Surfaces Opened by Permit . 22
7.6. Sanitary Provisions. 22
7.7. Public Safety and Convenience. 22
7.8. Barricades and Danger, Warning and Detour Signs and Traffic Handling. 22
7.9. Use of Explosives. 23
7.10. Protection of Adjoining Property. 23
7.11. Responsibility for Damage Claims. 23
7.12. Contractor's Responsibility for Work. 23
7.13. Personal Liability of Public Officials. 24
7.14. Responsibilities to the Railroad Companies. 25
7.15. Abatement and Mitigation of Excessive or Unnecessary Contraction Noise. 25
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7.16. Work Near Electrical Power Lines. 26
7.17. Preservation of Cultural Resources. 26
7.18. Work in Waters of the United States. 26
7.19. Work in Navigable Waters . 26
7.20. Work Over the Recharge Zone of Protected Aquifers. 26
ITEM 8: PROSECUTION AND PROGRESS 27
8.1. Assigning of Contract and Subcontracting. 27
8.2. Prosecution of Work, 27
8.3. Workers and Equipment. 28
8.4. Temporary Suspension of Work. 28
8.5. Computation of Contract Time for Completion. 29
8.6. Failure to Complete Work on Time. 29
8.7. Abandonment of Work or Default of Contract. 29
B.S. Termination of Contract. 30
8.9. Railroad Construction. 30
8.10. Hazardous Materials. 30
ITEM 9: MEASUREMENT AND PAYMENT 31
9.1. Measurement of Quantities. 31
9.2. Scope of Payment. 31
9.3. Payment for Extra Work. 31
9.4. Force Account. 31
9.5. Partial Payments. 33
9.6. Acceptance and Final Payment 34
9.7. Differing Construction site Conditions. 34
9.8. Plans Quantity Measurement 34
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GENERAL PROVISIONS
GENERAL REQUIREMENTS AND COVENANTS
ITEM 1:
DEFINITION OF TERMS
Page 1 of 34
1.1 Definitions.
Wherever the following terms are used in these specifications or other contract documents, the intent and meaning
shall be interpreted as shown below:
1.2. Abbreviations:
AAN American Association of Nurserymen.
AAR Association of American Railroads.
AASHTO American Association of State Highway and Transportation Officials.
AITC American Institute of Timber Construction.
ANSI American National Standards Institute.
API American Petroleum Institute.
AREA American Railroad Engineers Association.
ASTM American Society for Testing and Materials.
AWG American Wire Gage.
AWPA American Wood Preservers Association.
AWPB American Wood Preservers Bureau.
AWPI American Wood Preservers Institute.
AWS American Welding Society.
DFPA Douglas Fir Plywood Association.
LES Illuminating Engineering Society.
IMSA International Municipal Signal Association.
ITE Institute of Transportation Engineers.
NBFU National Board of Fire Underwriters.
NEC National Electrical Code (Published by NBFU).
NEMA National Electrical Manufacturers Association.
NFPA National Forest Products Association.
NIST National Institute of Standards and Technology
SFPA Southern Forest Products Association.
SPIB Southern Pine Inspection Bureau.
UL Underwriters Laboratory, Inc.
WWPA Western Wood Products Association.
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1.3. Arterial Highway.
A general term denoting a highway primarily for through traffic, usually on a continuous route.
Page 2 of 34
1.4. Bidder.
An individual, firm or corporation or any combination thereof submitting a proposal.
1.5. Bridges.
Structures of over 20 -foot span measured from face to face of abutments, or in case of copings, from face to face of
copings, and multiple span structures of over 20 -foot length, measured between inside of end walls along the
centerline of the roadbed.
1.6. Certificate of Insurance.
City of Round Rock approved form covering insurance requirements stated in the contract.
1.7. Council.
The City Council of Round Rock, Texas.
1.8. Construction Bulletin C -5.
Manual of procedures and requirements for manual welding and submerged arc welding for the fabrication of
structural steel.
1.9. Construction Bulletin C -6.
Manual of testing requirements for the qualification of welders for structural and reinforcing steel.
1.10. Construction Bulletin C -8.
Manual of procedures for driving and test loading piling.
1.11. Construction Bulletin C -9.
Manual of procedures for constructing and test loading drill shafts.
1.12. Construction Bulletin C -11.
Manual of procedures to be followed in the design and control of portland cement concrete.
1.13. Construction Bulletin C•14.
Manual of procedures to be followed in the design and control of asphaltic concrete paving mixtures.
1.14. Contract.
The agreement between the City and the Contractor covering the furnishing of materials and performance of the
work. The contract will include, but not be limited to, the Plans, Standard Specifications incorporated by reference,
Special Provisions, Special Specifications, Contract Bonds and Supplemental Agreements.
1.15. Contractor.
The individual, firm or corporation or any combination thereof, Party of the Second Part, with which the contract is
made by the City.
1.16. Controlled Access Highway.
Any highway to or from which access is denied or controlled, in whole or in pact, from or to abutting land or
intersecting streets, roads, highways, alleys or other public or private ways.
1.17. Control of Access.
The condition where 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.
(1) Full Control. Full control of access means that the authority to control access is exercised to give
preference to through traffic by providing access connections with selected public roads only and by
prohibiting crossings at grade or direct private driveway connections.
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(2) Partial Control. Partial control of access means that the authority to control access is exercised to
give preference to through traffic to a degree that, in addition to access connections with selected public
roads, there may be some crossings at grade and some private driveway connections.
1.18. County.
A political subdivision of the State.
1.19. Culvert
Any structure, other than a bridge, which provides an opening under a roadway for drainage or other purposes.
1.20. Department.
The Department of Public Works, City of Round Rock, Texas.
1.21. Departmental Material Specifications.
Specifications for various materials published by the Texas Department of Transportation Division of Materials and
Tests.
1.22. Engineer.
The Director of the Department of Public Works, City of Round Rock., Texas.
1.23. Expressway.
A divided arterial highway for through traffic with full or partial control of access and generally with grade
separations at intersections.
1.24. Freeway.
An expressway with full control of access.
1.25. Frontage Street or 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 Road or Insulator Road).
1.26. Hazardous Materials/Waste.
Hazardous materials/waste include, but are not limited to, such materials as: explosives, compressed gas,
flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives,
etiologic agents and other material classified as hazardous by 40CFR261, or applicable state and federal
regulations.
1.27. Highway, Divided.
A highway with separate roadways intended to move traffic in opposite directions.
1.28. 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.
1.29. Inspector.
The person assigned by the Engineer to inspect any or all parts of the work and the materials to be used therein.
1.30. Intersection.
The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral
boundary lines of the roadways, of two highways which join one another at, or approximately at, right angles; or the
area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
1.31. Island.
An area within a roadway for which vehicular traffic is intended to be excluded, together with any area at the
approach thereto occupied by protective deflecting or warning devices.
1.32. Laboratory.
The testing laboratories of the Texas Department of Transportation or any other testing laboratory that may be
41a1u
137. Materials.
Definitions of materials and material properties are as found in Test Method Tex - 100 -E, Part I.
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designated or approved by the Engineer.
1.33. Letting Official.
The Mayor of the City of Round Rock, Texas or any employee empowered by the Mayor to officially close the
receipt of bids at an advertised letting.
1.34. Local Street or Local Road.
A street or road primarily for access to residence, business or other abutting property.
1.35. Major Street or Major Highway.
An arterial highway with intersections at grade and direct access to abutting property, and on which geometric
design and traffic control measures are used to expedite the safe movement of through traffic.
136. Manual of Testing Procedures.
Texas Department of Transportation Division of Materials and Tests manual outlining testing methods and
procedures.
1.38. Median.
The portion of a divided highway separating the traffic lane(s) in opposite directions.
139. Nonresident Bidder.
A bidder whose principal place of business is not in Texas; includes a bidder whose ultimate parent company or
majority owner does not have its principal place of business in Texas.
1.40. OSHA.
Occupational Safety and Health Administration.
1.41. Pavement.
That part of the roadway having a constructed surface for the facilitation of vehicular traffic.
1.42. Payment Bond.
The security furnished by the Contractor solely for the protection of claimants, as defined by law, supplying labor
and materials for the prosecution of the work in accordance with the terms of the contract.
1.43. Performance Bond.
The security furnished by the Contractor to guarantee the completion of the work in accordance with the terms of
the contract.
1.44. Plans.
The drawings approved by the Engineer, or true reproductions thereof, which show the location, character,
dimensions and details of the work and which are a part of the contract.
1.45. Power of Attorney for Surety Bonds.
An instrument under corporate seal which appoints an attorney -in -fact to act in behalf of a Surety Company in
signing bonds.
1.46. Project.
The specific section or sections of the highway together with all appurtenances and construction to be performed
thereon under the contract.
1.47. Proposal.
The offer of the bidder, made out on the prescribed form, giving unit bid prices for performing the work described
in the plans and specifications.
1.48. Proposal Guaranty.
The security designated in the proposal and furnished by the bidder as a guaranty that the bidder will enter into a
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contract if awarded the work
1.54. Roadway.
The portion of the highway within the limits of construction.
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1.49. Ramp.
A section of highway over which traffic passes for the primary purpose of making connections with other highways.
1.50. Registered Professional Engineer.
A person who has been duly licensed and registered by the Texas State Board of Registration for Professional
Engineers to engage in the practice of engineering in this state.
1.51. Rental Rate Blue Book for Construction Equipment.
Equipment rental rates published by Dataquest (also known as the Rental Rate Blue Book or the Blue Book).
1.52. Right of Way.
The land provided for a highway.
1.53. Roadbed.
The graded portion of a highway which is prepared as foundation for the pavement structure and shoulders. On
divided highways, the depressed median type and the raised median type highways will be considered to have two
roadbeds. Highways with a continuous two -way left turn lane will be considered to have one roadbed.
1.55. Screens and Sieves.
As defined by the ASTM.
1.56. Shoulder.
That portion of the roadway contiguous with the traffic lane(s) for accommodation of stopped vehicles for
emergency use and/or for lateral support of base and surface courses.
1.57. Special Provisions.
Additions and/or revisions to the Standard Specifications or Special Specifications.
1.58. Special Specifications.
Supplemental Specifications applicable to the individual project, not covered by the Standard Specifications.
1.59. Specifications.
The directions, provisions and requirements referenced or contained herein or in special specifications,
supplemented by such special provisions as may be 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. Where the
phrases such as or directed by the Engineer, "or as approved by the Engineer" or "or to the satisfaction of the
Engineer" occur, it is to be understood that the directions, orders or instructions to which they relate are within the
limitations of and authorized by the contract. Special provisions and special specifications will cover work
pertaining to a particular project and included in the proposal but not covered by the Standard Specifications.
Where reference is made to Texas Department of Transportation (TxDOT) Material Specifications, specifications
of ASTM, AASHTO or Bulletins and Manuals of TxDOT, it shall be construed to mean the latest standard or
tentative standard in effect on the date of the proposal. Incorporation of subsequent changes to the above
documents will be considered by the Engineer in accordance with Item 4, "Scope of Work ", as appropriate.
1.60. City.
The City of Round Rock, Texas, Party of the First Part.
1.61. Subgrade.
That portion of the roadbed upon which the subbase, base or pavement structure is to be placed.
1.62. Substructure.
That part of the structure below the bridge seats or below the springing lines of arches. Parapets, backwalls and
wingwalls of abutments shall be considered as parts of the substructure.
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1.63. Superintendent.
The representative of the Contractor authorized to receive and fulfill instructions from the Engineer, and who shall
supervise and direct the construction.
1.64. Superstructure.
That part of the structure above the bridge seats or above the springing lines of arches.
1.65. Supplemental Agreements.
Written agreements entered into between the Contractor and the City and approved by the Surety, covering
alterations and changes in the contract.
1.66. 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.
1.67. Temporary Structures.
All temporary bridges, culverts and structures required to maintain traffic during the construction of work.
1.68. TMUTCD.
Texas Manual on Uniform Traffic Control Devices for Streets and Highways.
1.69. Traffic Lane.
The strip of roadway intended to accommodate the forward movement of a single line of vehicles.
1.70. Traveled Way.
The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
1.71. The Work.
The work shall include the furnishing of all labor, materials, equipment and other incidentals necessary or
convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed
by the contract.
1.72. Working Day.
A working day is defined as a calendar day, not including Saturdays, Sundays, or legal holidays authorized in the
list prepared by the Department for contract purposes, in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal unit of work underway for a continuous period of not
less than 7 hours between 7 a.m. and 6 p.m. For every Saturday or legal holiday except the following holidays:
January 1st, the last Monday in May, July 4th, the first Monday in September, the fourth Thursday in
November and December 25 on which the Contractor chooses to work, one day will be charged against
the contract working time when weather conditions will permit 7 hours of work as delineated above. The
principal unit of work shall be that unit which controls the completion time of the contract. Nothing in this
hem shall be construed as prohibiting the Contractor from working on Saturdays or legal holidays, except
the six listed above, if he so desires. Work on Sunday and on the six legal holidays listed above will not
be permitted except in cases of extreme emergency or when the safety of the Contractor's forces and/or the
traveling public would be significantly improved, and then only with the written permission of the
Engineer. If Sunday work or work on the six legal holidays listed above is permitted, working time will be
charged on the same basis as week days.
The Engineer may suspend the work and the "Time Charge ", in accordance with Article 8.4, on any
holiday, on the day preceding the holiday or on the day following the holiday if the Engineer and the
Contractor mutually agree the Contractor should not work. Such suspension shall be based upon (a) past
experience as to the volume of holiday traffic that may be expected and (b) the hazard to the traveling
public and/or Contractor's employees that project operations would present.
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ITEM 2
INSTRUCTIONS TO BIDDERS
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1.73. Work Order.
Written notice to the Contractor to begin with the contract work; when applicable, includes the date of beginning of
contract.
2.1. Contents of Proposal Forms.
Upon written request, bidders will be furnished with a proposal form which will state the location and description of
the proposed work, an approximate estimate of the various quantities and kinds of work to be performed or
materials to be furnished, a schedule of items for which unit prices are requested and the time within which the
work is to be completed. The special provisions and special specifications will be bound in the proposal form.
2.2. Interpretation of Estimates of Quantities.
The quantities listed in the proposal form will be considered as approximate and will be used for the comparison of
bids. However, payments to the Contractor will be made for the work done in accordance with Item 4, "Scope of
Work ", and Item 9, "Measurement and Payment ".
2.3. Examination of Plans, Specifications, Special Provisions and Site of Work.
Before submitting a bid, the bidder shall examine carefully the proposal, plans, specifications, special provisions
and the form of contract to be entered into for the work contemplated. The bidder shall examine the site of work
and satisfy himself as to the conditions which will be encountered relating to the character, quality and quantity of
work to be performed and materials to be furnished. The submission of a bid by the bidder shall be conclusive
evidence that he has complied with these requirements.
Any borings, soil profiles and water elevations shown on the plans were obtained for use of the Department in the
preparation of plans and the bidder is hereby cautioned regarding the accuracy of these data. The bidder, in
preparing his proposal, shall take cognizance 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.
2.4. Competency of Bidders.
A proposal form for bidding will not be issued unless the bidder shall have filed with the Department, at least 15
days prior to the date upon which bids are to be submitted, an acceptable annual statement of his financial resources
and of his experience on similar work. Each bidder must also furnish a statement listing the equipment available for
the work being bid upon and such other information as may be called for on forms furnished by the Department.
2.5. Preparation of Proposal.
The bidder shall submit his proposal on the form furnished to him by the Department except as provided below.
The blank spaces for each item as required in the proposal shall be filled in by writing in words in ink except as
provided below. The bidder shall submit a unit price for each item for which a bid is requested (including a zero if
appropriate), except in the case of an alternate. In such case, prices must be submitted for the base bid or with the
items of one or more of the alternates. A bid item left blank, except in the case of an altemate, will constitute an
incomplete bid. The proposal shall be executed with ink in the complete and correct name of the individual, firm,
corporation or combination thereof making the proposal and be signed by the person or persons authorized to bind
the individual, firm, corporation or combination thereof.
Bidders, at their option, in lieu of hand writing in the unit prices in words in ink in the proposal, may submit an
original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown
on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the
Council. As a minimum, computer printouts must contain the information and in the arrangement shown on the
"Example of Bid Prices Submitted by Computer Printout" form in the proposal. Proposals with unit prices by
computer printout will not be read if:
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1. The proposal does not bear the certification verbatim, as shown on the example in the proposal.
2. The computer printout is not signed in the name of the firm to whom the proposal was issued.
3. The computer printout omits required bid items or includes items not shown in the proposal.
4. The proposal issued by the Department is not fully executed as provided above.
If the proposal submitted by the bidder contains both the form furnished by the Department, completed according to
the instructions, and also a computer printout, completed according to the instructions, only one will be considered.
In this situation the unit bid prices shown on the computer printout will be used to determine the bid.
2.6. Rejection of Proposals.
Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or
uncalled for alternate bids, incomplete bids, any alteration of words or figures or erasures not initialed by the person
or persons signing the proposal or irregularities of any kind.
Any proposal that has one or more of the deficiencies listed below will be considered to be non - responsive and will
not be read publicly.
1. The proposal certification is not signed.
2. Proposal guaranty is not a cashier's check or bank money order on a State or National Bank, or a
cashier's check on a State or National Savings & Loan Association payable to the order of the City of
Round Rock, Texas
3. Proposal guaranty is less than the amount prescribed by the proposal.
4. Proposal is submitted by an unqualified bidder.
5. The computer printout certification for unit bid prices is not signed and unit bid prices have not been
entered in designated spaces on bid pages.
6. Bidder did not attend mandatory pre -bid conference.
7. The proposal submitted has too few or too many bid items due to bidder not submitted latest revised
version of the proposal.
Any proposal found to be non - responsive for one or more of the above deficiencies, after having been read, will be
tabulated as Non - responsive.
Any proposal found to be missing a unit price for one or more of the required bid items, after having been read, will
be tabulated as Incomplete.
2.7. Proposal Guaranty.
The proposal shall be accompanied by a proposal guaranty of the character and in the amount as indicated in the
proposal and described under Item 1, "Definition of Terms".
The City shall have no rights in and to the proposal guaranty unless the Contractor fails to execute the contract in
accordance with Article 3.6. The proposal guaranty submitted with the proposal shall be returned to the Contractor
in accordance with Article 3.3.
2.8. Delivery of Proposal.
Each completed proposal shall be placed, together with the proposal guaranty, in a sealed envelope so marked as to
indicate its contents. Proposals will be received, at the location described in the official advertisement of the
project, on or before the hour and date set for the opening thereof and must be in the hands of the Letting Official
by that time.
2.9. Revision of Proposal Unit Prices.
1. A request by telephone or telegraph for a change in a unit bid price entered in a proposal will not be
considered.
prim I
ITEM 3
AWARD AND EXECUTION OF CONTRACT
Page 9 of 34
2. Bid Price Changes Before Proposal is Submitted.
(a) Bid Prices Submitted in Writing in Words in Ink. When a proposal contains unit bid prices
handwritten in words in ink for each bid item on the form furnished by the Department, a bidder may
change a bid price entered in a proposal before it is submitted by changing the price and initialing the
revision in ink.
(b) Bid Prices Submitted by Computer Printout Sheet. When a proposal provides a unit bid price for
each item by a computer printout in accordance with .Article 2.5, a bidder may change a bid price in
the computer printout before the proposal is submitted by changing the price and initialing the
revision in ink.
3. Bid Price Changes After Proposal is Submitted.
(a) Bid Prices Submitted in Writing in Words in Ink. In cases where the proposal has been
submitted, a bidder may change a bid price in his proposal by withdrawing his proposal as provided in
Article 2.10, changing the bid price and initialing the revision in ink, and resubmitting his proposal
prior to the time set for the opening of proposals.
(b) Bid Prices Submitted By Computer Printout Sheet. In cases where the proposal has been
submitted, a bidder may change a bid price in his proposal by withdrawing his proposal as provided in
Article 2.10, changing the bid price in the computer printout and initialing the revision in ink, and
resubmitting his proposal prior to the time set for the opening of proposals.
2.10. Withdrawal of Proposal.
A bidder may withdraw his proposal provided his request in writing to do so is in the hands of the Letting Official
prior to the time set for opening of proposals. A request by telephone or telegraph for withdrawal of a proposal will
not be considered.
2.11. Public Opening of Proposals.
Proposals will be opened and read publicly at the time and place indicated in the official advertisement of the
project.
2.12. Disqualification of Bidder.
More than one proposal involving an individual, firm or corporation or any combination thereof under the same or
different names for this work will not be considered. A bidder may, however, submit a proposal as contractor and
as a material supplier, subcontractor or both to any one or all other bidders contemplating submitting a proposal for
this work, and by so doing will not be liable to disqualification under this specification. The bidder must complete
the "Certification of Interest in Other Bid Proposals for this Work" contained in the proposal.
Any or all proposals will be rejected if there is reason for believing that collusion exists among the bidders and all
participants in such collusion will not be considered in future proposals for the same work. Proposals in which the
prices are obviously unbalanced may be rejected. Contracts will be awarded only to responsible bidders.
2.13. Gratuities.
Council policy stipulates that Departmental employees cannot accept any benefits, gifts or favors from any person
doing business or who reasonably speaking may do business with the Department under this contract The only
exceptions allowed are ordinary business lunches and items approved in advance and in writing by the Mayor.
Failure on the part of any Contractor or supplier to honor this policy may result in termination of the contract. In
the event of termination of the contract, the provisions of the second, third and fourth paragraphs of Article 8.8 shall
govern.
3.1. Consideration of Bids.
For the purpose of award, after the proposals are opened and read, the summation of the products of the
approximate quantities shown in the proposal and the unit prices bid will be considered the amount of the bid. The
Page 10 of 34
summations will then be compared and the results made available to the public. Until the award of the contract is
made, the City reserves the right to reject any or all proposals and to waive such technicalities as may be considered
to be in the best interest of the City.
In determining the amount of the bid as well as computing the amount due for payment of each item under the
contract, the City reserves the right to round off all unit bids involving fractional parts of a cent to the nearest one-
tenth cent. Zero unit bids will be tabulated as one -tenth cent.
3.2. Award of Contract.
The award of the contract, if awarded by the Council, will be to the lowest bidder. The award, if made, will be
within 30 days after the opening of the proposal.
3.3. Return of Proposal Guaranty.
The proposal guaranty of the lowest bidder may be retained until after the contract has been awarded, executed and
bonds made.
3.4. Execution of Contract, Bonds and Certificate of Insurance.
Within 15 days after written notification of award of the contract the bidder shall execute and furnish to the Council
the contract, with (1) a performance bond and a payment bond, with powers of attomeys attached, each in the full
amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds
under and in accordance with the laws of the State of Texas, and (2) the Certificate of Insurance showing coverages
in accordance with contract requirements.
The performance bond and payment bond are to be furnished as a guarantee of the faithful performance of the .work
and for the protection of the claimants for labor and materials as outlined in Item I, "Definition of Terms ".
When the amount of the contract is $25,000 or less, a performance bond and a payment bond will not be required.
3.5. Execution and Approval of Contract.
The contract will be approved and signed under authority of the Council.
3.6. Failure to Execute Contract, Bonds and Certificate of Insurance.
Should the bidder to whom the contract is awarded refuse or neglect to execute and file the contract, bonds and
Certificate of Insurance within 15 days after written notification of the award of the contract, the proposal guaranty
filed with the bid shall become the property of the City, not as a penalty, but as liquidated damages. A bidder who
forfeits his proposal guaranty in accordance with this article will not be considered in future proposals for the same
work unless there has been a substantial change in the design of the project subsequent to the forfeiture of the
proposal guaranty.
3.7. Beginning of Work.
The Contractor shall not begin work until authorized by the Engineer in writing to do so. Authorization notification
will be by work order.
3.8. Antitrust.
The successful bidder, by virtue of signing the contract, assigns to the City any and all claims for overcharges
associated with the contract which arise under the antitrust laws of the United States, 15 U.S.0 A., Section 1, et seq.
(1973).
ITEM 4
SCOPE OF WORK
4.1. Intent of Plans and Specifications.
The intent of the plans and specifications is to describe the completed work to be performed under the contract.
Unless otherwise provided, the Contractor shall furnish all materials, supplies, tools, equipment and labor necessary
for the proper prosecution and completion of the work.
AM
Page 11 of 34
4.2. Significant Changes in the Character of Work.
The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and
such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and
alterations shall not invalidate the contract nor release the surety and the Contractor agrees to perform the work as
altered.
If the alterations or changes in quantities significantly change the character of the work under the contract, whether
such alterations or changes are in themselves significant changes to the character of the work or by affecting other
work cause such other work to become significantly different in character, an adjustment, excluding anticipated
profits, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of
the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in
such amount as the Engineer may determine to be fair and equitable.
If the alterations or changes in quantities do not significantly change the character of the work to be performed
under the contract, the altered work will be paid for as provided elsewhere in the contract.
The term "significant change" shall be construed to apply only to the following circumstances:
a. When the character of the work as altered differs materially in kind or nature from that involved or
included in the original proposed construction; or
b. When a major item of work, as defined below, is increased in excess of 125 percent or decreased below
75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to
that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75
percent, to the actual amount of work performed.
The Contractor shall perform the work as increased or decreased. Payment to the Contractor for contract items will
be made for the actual quantities of work done or material furnished at the unit prices set forth in the contract,
except as provided in specification items requiring plan quantity payment and except as provided for significant
changes in the character of the work.
A major item is defined as any individual bid item included in the proposal that has a total cost equal to or greater
than five (5) percent of the original contract or $100,000.00, whichever is less.
4.3. Extra Work.
Work made necessary by changes and alteration of the plans or for other reasons for which no prices are provided
in the contract shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with
appropriate specifications and as directed. However, before any extra work is begun, a "Supplemental Agreement"
shall be executed or a written order shall be issued by the Engineer to do the work on a "Force Account" basis, as
provided under Article 9.4.
4.4. Claims and Disputes.
In the event that the Contractor requests additional compensation for work not clearly covered in the contract, the
Contractor shall notify the Engineer in writing of his intention to make a claim for additional compensation before
beginning such work, once he has knowledge, or during the initial stages of such work. An assessment of damages
is not required to be a part of this notice but is desirable. If such notice is not given and the Engineer is not
provided an opportunity to keep an accurate account of the actual cost of the work in question, then the Contractor
waives his right to file a claim for such work, unless the circumstances are such that the Contractor could not
reasonably have knowledge of the additional cost prior to the performance of the work. Notice of claim by the
Contractor and the documentation of the cost of the work by the Engineer shall not be construed as proof or
substantiation of the validity of said claim. Every effort will be made to resolve this dispute at the project level;
however, in the event that it is not resolved, the Contractor may file a formal claim with the City Engineer to be
forwarded to the proper officials in accordance with the Department's Administrative Procedures.
Page 12 of 34
In the event that a claim for delay damages is filed by the Contractor, a notice of claim as stated above will be
required as soon as the delay is evident. If the delay claim is substantiated by the Department, the Contractor's
standby equipment costs will be limited as follows:
a. Standby costs will not be allowed during periods when the equipment would have otherwise been in an
idle status;
b. No more than eight (8) hours of standby will be paid during a 24 hour day, nor more than 40 hours per
week, nor more than 176 hours per month; and
c. Standby will be paid at 50 percent of the rental rates found in the Rental Rate Blue Book for
Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the
regional adjustment factor and the rate adjustment factor. Operating costs will not be allowed.
4.5. Maintenance of Detours and Existing Facilities.
The Contractor shall do such work as may be necessary to provide and maintain detours and facilities for safe
public travel in accordance with the Traffic Control Plan and these specifications. There shall be provided and
maintained in passable condition, as specified under Articles 7.7 and 7.8, such temporary roads and structures as
may be necessary to accommodate public travel. Temporary approaches and crossings of intersecting highways
shall be provided and maintained in a safe and passable condition by the Contractor at his expense. The Contractor
will be responsible for the cost of normal maintenance of detours constructed under this contract. Any maintenance
required to repair deterioration of the pavement structure due to faulty design will be at the expense of the
Department.
If, in the opinion of the Engineer, the above requirements are not complied with, the Engineer may do such work as
he may consider necessary; however, this shall not change the legal responsibilities set forth in this Item The
expense for such work will be borne by the Contractor and the cost thereof shall be deducted from any moneys due
the Contractor or to become due to the Contractor.
The City will be responsible for the cost of maintenance of existing streets, roadways or traffic control devices that
are required to be used for detours or handling traffic, regardless of whether they are within or outside the project
limits. Other existing streets, roadways or traffic control devices which are damaged by the Contractor's operations
will be maintained and repaired by the Contractor at his expense.
4.6. Use of Materials Found on the Right of Way.
The Contractor may use in the work any suitable stone, gravel or sand found in the "Excavation" and will be paid
for the excavation of such materials at the contract price bid. He shall, however, at his own expense replace with
other suitable materials the materials so removed and which were intended for use in embankments, backfills,
approaches or elsewhere. No charge for materials so used will be made against the Contractor. The Contractor
shall not excavate nor remove any material from within the highway which is not within the excavation, as indicated
by the slope and grade lines, without written authorization from the Engineer.
4.7. Final Clean Up.
Upon completion of the work and before acceptance and final payment is made, the Contractor shall clean, remove
rubbish and temporary structures from the highway, restore in an acceptable manner all property which has been
damaged during the prosecution of the work and leave the sire of the work in a neat and presentable condition
throughout.
Upon the completion of any structure, all excess materials, cofferdams, construction buildings, temporary structures
and debris resulting from construction shall be removed. Where work is in a stream, all debris shall be removed to
the ground line of the bed of the stream and the stream channels and highway left unobstructed and in a neat and
presentable condition. All structures shall be cleaned to the flow line or the elevation of the outfall channel,
whichever is higher. Materials cleared from the highway and deposited on property adjacent thereto will not be
considered as a satisfactory method of disposal, unless approved by the Engineer.
Working Drawings For
Requires Registered
Professional
Engineers' Signing
Sealing & Dating
Requires
Departmental
Approval
1. Alternate or Optional Designs submitted by Contractor
Yes
Yes
2. Supplementary fabrication and shop drawings for structural
items
No — unless Required
on the plans
See applicable item
3. Contractor proposed temporary facilities, that affect the
public safety, not included on the plans
Yes
Yes
4. Form details for:
a) Bridges, retaining walls and other major structures
Yes — unless
Otherwise shown on
the plans
No - unless otherwise
shown on the plans
Yes
No - unless
otherwise shown on
the plans
b) Minor Structures
5. Erection Drawings
Yes
Yes
6. Contractor proposed major modifications to traffic control
plan
Yes
Yes
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Page 13 of 34
No direct compensation will be allowed for final clean up work, as such work is considered subsidiary to the
various bid items of the contract.
ITEM 5
CONTROL OF THE WORK
5.1. Authority of Engineer.
The work will be observed, tested and inspected by the Engineer in accordance with the contract, plans and
specifications. The Engineer will decide all questions which may arise as to the quality or acceptability of materials
furnished and work performed; the manner of performance and rate of progress of the work; the interpretations of
the plans and specifications and the acceptable fulfillment of the contract on the part of the Contractor. His
decisions will be final and he will have executive authority to enforce and make effective such decisions and orders
as the Contractor fails to carry out promptly.
5.2. Engineer as Referee.
The Engineer will act as referee in all questions arising under the terms of the contract between the parties thereto
and his decisions shall be final and binding.
53. Plans and Working Drawings.
The plans will show in detail the work to be accomplished under the contract. When working drawings are
required, they shall be furnished by the Contractor in a timely manner and approved by the Engineer prior to the
beginning of the work involved. Working drawings shall be signed, sealed and dated by a Registered Professional
Engineer as indicated below:
These working drawings shall be in standard English units and shall be in the English language. Authorized
alterations will be approved by endorsement on the plans or shown on supplementary sheets. The approval by the
Engineer of the Contractor's working drawings will not relieve the Contractor of any responsibility under the
contract.
Page 14 of 34
Full compensation for furnishing all working drawings shall be considered as included in the price paid for the
contract item of work to which such drawings relate and no additional compensation will be allowed.
It is the responsibility of the Contractor to verify all quantities of materials shown on the plans before ordering
same, as payment is provided for acceptable materials complete in place, The Contractor will not be paid for
material rejected due to improper fabrication, excess quantity or for any other reasons within his control.
5.4. Conformity with Plans, Specifications and Special Provisions.
All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross
sections, dimensions, details, gradations, physical and chemical characteristics of materials in accordance with
tolerances shown on the plans or indicated in the specifications and special provisions. The limits establishing
reasonably close conformity will be as defined in the respective items of the contract or if not defined, as
determined by the Engineer.
In the event the Engineer finds that the work performed or the materials used are not within reasonably close
conformity with the plans, specifications and special provisions, the affected material or product shall be removed
and replaced or otherwise satisfactorily corrected by and at the expense of the Contractor.
Any deviations from the plans and approved working drawings will be made only with the approval of the Engineer.
5.5. Coordination of Plans, Specifications and Special Provisions.
The specifications accompanying plans, special provisions and supplemental agreements are essential parts of the
contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative and to describe and provide for a complete work. In cases of disagreement, figured dimensions shall
govern over scaled dimensions, plans shall govern over standard and special specifications, and special provisions
shall govern over both standard and special specifications and plans.
5.6. Cooperation of Contractor.
The Contractor will be supplied with four (4) copies of the plans, specifications and special provisions and he shall
have one (1) copy of each available on the project at all times. He shall give the work his constant attention to
facilitate the progress thereof and shall cooperate with the Engineer in every way possible. The Contractor shall
designate, to the Engineer in writing, the name of a Superintendent, employed by the firm, regardless of how much
of the work may be sublet The Superintendent shall be cooperative, responsible and competent, English speaking,
authorized to receive orders and to act for the Contractor. The Superintendent will be available at all times. In the
event a competent superintendent is not available, the Engineer may suspend work until one is available.
5.7. Construction Stakes.
Unless otherwise shown on the plans, Method A below shall be used.
(a) Method A. The Engineer will furnish the Contractor control points for determining lines and grades
at intervals not to exceed 1500 feet, near each major structure and at alignment changes throughout the
project.
From the control points established by the Engineer, the Contractor shall establish and be responsible for
the correctness of alignment, elevation and position of all construction required by the contract. As a
minimum, construction stakes shall be placed at intervals of 100 feet. In the event that the Contractor's
personnel are unable to construct an item of work to the tolerances allowed in the specifications with
construction stakes at 100 foot intervals, then the stakes shall be placed at closer intervals as directed by
the Engineer. The Contractor shall provide a qualified and experienced work force to perform this work.
He shall keep the Engineer informed a reasonable time in advance of the time and place he intends to
work, in order that measurements may be made as necessary for the record and for determination of pay
quantities.
The Engineer may, at his option, make spot or complete checks on all construction alignment and grades
r...., e x._...m; dec
Page 15 of 34
to determine the accuracy of the Contractor's survey work. These checks, however, will not relieve the
Contractor of his responsibility of constructing the work to the positions and elevations as shown on the
plans or approved changes.
The Contractor shall furnish all stakes and other materials necessary to preserve control points for
alignment and grade.
After the project is let to contract, the Department will furnish the Contractor, at no cost, with two (2)
copies of the earthwork cross sections (when available) and two (2) copies of the computer printouts of the
"Design Cross Section List" (when available).
Other computations, sketches and drawings used in the design and layout of this project will also be made
available to the Contractor, but these items will not relieve the Contractor of his responsibility as set out
above.
The Contractor will be held responsible for the preservation of all control points established by the
Engineer and if, in the opinion of the Engineer, any of the stakes or bench marks have been carelessly or
willfully destroyed or disturbed by the Contractor, they shall be replaced by the Contractor or the cost of
replacement will be charged against the Contractor and deducted from any moneys due or to become due
the Contractor.
No direct payment will be made for this work, but the cost of all labor, equipment and supplies necessary
to perform the work shall be considered subsidiary to the various bid items of the contract.
(b) Method B. The Engineer shall be responsible for setting construction stakes necessary for
establishing the correctness of alignment, elevation and position of all construction required by the
contract. These stakes will be set sufficiently in advance of the work to avoid delay. The Contractor shall
furnish, at his expense, additional stakes and other materials and templates necessary for marking and
maintaining points and lines. The Contractor will be held responsible for the preservation of all stakes and
marks, and if, in the opinion of the Engineer, any of the stakes or marks have been carelessly or willfully
destroyed or disturbed by the Contractor, the cost of replacement will be deducted from any moneys due
or to become due the Contractor.
5.8. Authority and Duties of Inspectors.
Inspectors will be authorized to inspect all work done and all materials furnished. Such inspection may extend to all
or to any part of the work and to the preparation or manufacture of the materials to be used. An Inspector will be
assigned to the work by the Engineer and will report to the Engineer as to the progress of the work and the manner
in which the work is being performed; also to report whenever it appears that the materials furnished and the work
performed by the Contractor fail to fulfill the requirements of the specifications and contract and to call the attention
of the Contractor to any such failure or other infringement. Such inspection will not relieve the Contractor from any
obligation to perform the work in accordance with the requirements of the specifications. In case of any dispute
arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the
Inspector will have the authority to reject materials or suspend work on the operation or materials in dispute until
the question at issue can be referred to and decided by the Engineer. The Inspector will not be authorized to
revoke, alter, enlarge or release any requirement of these specifications, nor to approve or accept any portion of
work, nor to issue instructions contrary to the plans and specifications. The Inspector will in no case act as foreman
or perform other duties for the Contractor nor interfere with the management of the work.
5.9. Inspection.
The Contractor shall furnish the Engineer safe access to the work during construction and with every reasonable
facility for ascertaining whether or not the work as performed is in accordance with the requirements of the contract.
If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover
portions of the finished work as may be directed. After examination, the Contractor shall restore said portion of the
work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable,
the uncovering or removing and replacing of the covering or making good of the parts removed will be performed
Page 16 of 34
in accordance with Article 4.3; but should the work so exposed or examined prove unacceptable, the uncovering or
removing and the replacing of the covering or making good of the parts removed shall be at the Contractor's
expense. No work shall be done nor materials used without suitable supervision or inspection.
5.10. Federal Inspection.
When the United States Government is to pay a portion of the cost of the work covered by the contract, the work
will be subject to inspection by United States Government representatives. Such inspection will in no sense make
the United States Government a party to the contract.
5.11. Removal of Defective and Unauthorized Work.
All work which has been rejected as being in nonconformance with the plans and specifications shall be remedied
or removed and replaced in an acceptable manner by the Contractor at his expense. Work done beyond the lines
and grades given or as shown on the plans, except as herein provided, or any extra work done without written
authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for.
Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to
comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have
authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed
and the cost thereof may be deducted from any moneys due or to become due to the Contractor.
5.12. Final Inspection.
Whenever the work provided for in, and contemplated under, the contract has been satisfactorily completed (with
the exception of any performance periods) and the final clean up performed, the Engineer in charge of the work will
notify the Engineer authorized to accept same to make the "Final Inspection". Such inspection will be made as soon
as possible, but not longer than ten (10) days after such notification. After such final inspection, if the work is
found to be satisfactory (with the exception of any performance periods), the Contractor will be notified in writing
of the acceptance of same. No time charge will be made against the Contractor between said date of notification, by
the Engineer in charge, and the date of final inspection of the work.
The "Final Acceptance" will not release the Contractor from responsibility for all items, materials or equipment
requiring performance test periods or final measurements unless otherwise shown in the contract.
ITEM 6
CONTROL OF MATERIALS
6.1. Sources of Supply and Quality of Materials.
The source of supply of each of the materials shall be approved by the Engineer before delivery is started and at the
option of the Engineer, may be sampled and tested for determining compliance with the governing specifications by
the Engineer before delivery is started. If it is found after trial that sources of supply previously approved do not
produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the
Contractor shall furnish materials from other approved sources. Only materials conforming to the requirements of
these specifications and approved by the Engineer shall be used in the work. All materials being used are subject to
inspection or test at any time during preparation or use. Any material which has been tested and accepted at the
source of supply may be subjected to a check test after delivery and all materials which, when retested, do not meet
the requirements of the specifications, will be rejected. No material which, after approval, has in any way become
unfit for use shall be used in the work. If, for any reason, the Contractor selects a material which is approved for
use by the Engineer by sampling and testing or other means, and then decides to change to a different material
requiring additional sampling and testing for approval, the expense for such sampling and testing may be deducted
from any moneys due or to become due to the Contractor.
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ANS
Page 17 of 34
If the normal trade practice for manufacturers is to furnish warranties or guarantees for the materials and equipment
specified herein, the Contractor shall turn the guarantees and warranties over to the Engineer for potential dealing
with the manufacturers. The extent of such warranties or guarantees will not be a factor in selecting the successful
bidder.
All manufacturing processes for steel or iron materials or for applying a coating to steel or iron materials (coating
includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the value of the steel
or iron material) incorporated into the finished project must occur in the United States except:
(1) The requirements do not prevent a minimal use of foreign materials, if the cost of such materials used
does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is
greater.
(2) When shown on the plans, steel or iron products or application of a coating to steel or iron materials
(coating includes epoxy coating, galvanizing, painting and any other coating that protects or enhances the
value of the steel or iron material) will have alternate bid items for foreign materials. When alternate bid
items are shown, the Bidder's attention is directed to Articles 2.5. and 3.2., of the Special Provisions to
Items 2 and 3, respectively.
All manufacturing processes are defined as all processes required to change the raw ore or scrap metal into
the finished, in -place steel product. The Contractor shall furnish, to the Engineer, certified mill test reports
on the base metal and producers certifications on all subsequent manufacturing processes stating
compliance with the applicable specification(s) and that all manufacturing processes occurred in the
United States. Producers certifications shall bear the notarized signature of a responsible authorized
representative of the producer.
6.2. Samples and Tests.
All materials, before being incorporated in the work, shall be inspected, tested and approved by the Engineer, and
any work in which materials are used without prior test and approval or written permission of the Engineer may be
ordered removed and replaced at the Contractor's expense. Sampling and testing of all materials proposed to be
used will be made by the Engineer. The selection of the method of test will be designated by the Department
Where tests are required, other than those made in the laboratory, for the purpose of control in the manufacture of a
construction item, the Contractor shall be required to furnish such facilities and equipment as may be necessary to
perform the tests and inspection and shall be responsible for calibration of all test equipment required. When
requested, the Contractor shall furnish a complete written statement of the origin, composition and/or manufacture
of any or all materials that are to be used in the work. If the Contractor chooses to use materials or products
requiring inspection and approval at the point of manufacture or source, and such inspection will require abnormal
expense, i.e., out of the contiguous forty-eight United States, the additional expense of such inspection over the
normal cost of such services will be borne by the Contractor and will be deducted from any moneys due or to
become due to the Contractor.
6.3. Plant Inspection.
If the volume of the work, construction progress and other considerations warrant, the Engineer may undertake the
inspection of materials at the source. It is understood, however, that no obligation is assumed to inspect materials in
that manner.
Plant inspection will be undertaken only upon condition that:
(1) The cooperation and assistance of the Contractor and the producer with whom he has contracted for
materials is assured;
(2) The representative of the Engineer shall have full entry at all times to such parts of the plant as may
concern the manufacture or production of the materials ordered;
Page 18 of 34
(3) When required by the Engineer, the material producer shall fumish an approved weatherproof
building for the use of the Inspector. The building shall be constructed or furnished near the plant, at a
location acceptable to the Engineer and may be either an independent structure or, if a portion of the
structure is used by the material producer, the Department office or laboratory area shall not interconnect
with material producer utilized rooms. Access to the office or laboratory shall be by direct outside
entrance, controlled by the Engineer. The building shall be adequately lighted, heated, air conditioned
and ventilated. Adequate rest room facilities shall be provided;
(4) The Contractor shall be responsible for furnishing and calibrating scales, measures and/or other
equipment as may be required by the Engineer for the inspection of materials;
(5) In those cases where inspection of any item is requested for periods other than daylight hours, the
inspection shall be provided under the following conditions:
(a) Continuous production of materials for Departmental use is necessary due to the production
volume being handled by the plant;
(b) The lighting provided by the plant is approved by the Engineer to be adequate to allow
satisfactory inspection of the material being produced; and
(6) Materials produced under Department inspection shall be for Department use only unless released in
writing by the Engineer.
6.4. Pretested Materials.
Subject to conditions established in a written agreement between a supplier and the Director of Materials and Tests,
pretested and approved materials may be incorporated into the work.
6.5. Storage of Materials.
Materials shall be so stored as to insure the preservation of quality and fitness for the work When considered
necessary by the Engineer, the materials shall be placed on wooden platforms or other hard, clean surfaces and not
on the ground. The materials shall be placed under cover when so directed. Stored materials shall be so located as
to facilitate prompt inspection.
When approved by the Director of Materials and Tests, selected materials or products may be pretested and
approved for use, provided they are stored in an area meeting the requirements set forth by the Director of Materials
and Tests.
6.6. Defective Materials.
All materials not conforming to the requirements of these specifications will be rejected and shall be removed
immediately from the site of the work unless permitted to remain by the Engineer. Rejected materials, the defects of
which have been subsequently corrected, shall have the status of new material. Upon refusal on the part of the
Contractor to comply with any order of the Engineer made under the provisions of this Item, the Engineer will have
authority to remove and replace defective material and to deduct the cost of removal and replacement from any
moneys due or to become due to the Contractor.
6.7. Hauling of Divisible Materials Paid for by Weight or Truck Measure.
Any vehicle, truck, truck- tractor, trailer or semi - trailer or combination of such vehicles, when used to deliver
materials to a project, shall comply with the State laws concerning the legal gross and axle weights. If the vehicle or
combination has a valid yearly overweight tolerance permit which allows small percentages over legal gross and
axle weights, such tolerance is also applicable to delivery of materials to a project. However, such tolerance is not
applicable to the Interstate System of Highways.
The Contractor shall provide to the Engineer, upon demand, all copies of the yearly overweight tolerance permits
for any vehicle to be used to deliver materials to a project.
The Contractor shall request, in writing to the Engineer, permission to haul overweight divisible loads within the
limits of a project for hauling routes on which the traveling public is excluded. If, after evaluation by the
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Department, no damage or overstresses in excess of those normally allowed for overweight loads will result to
roadbeds or structures which will continue in use after project completion, permission will be granted.
When hauling overweight divisible loads within the limits of a project which exceed the legal Loads allowed by
State law, including yearly overweight tolerance permit, the loads must be hauled such that only a single vehicle is
on any span or continuous unit at one time. Barricades, fences, or other positive method shall be used to prevent
other vehicles from access to any bridge at the time the overweight divisible load is on any span or continuous unit
which is being used as part of a haul route.
When divisible loads are hauled such that the haul route is accessible to the traveling public, and haul tickets are
issued and used for payment purposes, the net weight of the load for acceptance purposes under this Item shall be as
follows:
(1) If the gross vehicle weight is less than the maximum allowed by State law, including any applicable
yearly overweight tolerance permit, the net weight of the load shall be determined by deducting the tare
weight of the vehicle from the gross weight.
(2) If the gross vehicle weight is more than the maximum allowed by State law, including any applicable
yearly overweight tolerance permit, the net weight of the load shall be determined by deducting the tare
weight of the vehicle from the maximum gross weight allowed.
When divisible loads are hauled such that the haul route is not accessible to the traveling public, advance
permission is obtained in writing from the Engineer, and haul tickets are issued and used for payment
purposes, then the net weight of the load for acceptance purposes under this Item shall be as follows: .
(3) If the gross vehicle weight is less than the maximum overweight allowed by advance written
permission from the Engineer, the net weight of the load shall be determined by deducting the tare weight
of the vehicle from the gross weight.
(4) If the gross vehicle weight is more than the maximum overweight allowed by advance written
permission from the Engineer, the net weight of the load shall be determined by deducting the tare weight
of the vehicle from the maximum overweight allowed.
Continued overloading in excess of the maximums described in (2) and (4) above will be grounds for
rejection of such load and/or suspending hauling operations until the Engineer is satisfied that only loads
not exceeding the maximums are hauled.
Any bridges which are load posted, which will remain in service by the traveling public during or after the
completion of the project, that are proposed to be used as a portion of a haul route, will be evaluated by the
Department for structural capability to handle the proposed hauling loads. These bridges will be subject to the same
maximum stress limitations as would any non -load posted bridge.
The Contractor shall furnish a certified tabulation of measurements, tare weights and allowable legal gross weight
calculations for all trucks, etc., prior to their use on the project. Each truck shall be identified by a permanent and
plainly legible number located on the truck and on the bed of the truck and/or trailer.
When the specifications establish measurement of and payment for materials by truck measurement, the Engineer
may require the weighing of the various types of loaded vehicles used by the Contractor to transport the material.
This weight will be used to determine the maximum volume of the material being hauled that each type of vehicle
may transport. The cost of such weighing shall be considered subsidiary to the pertinent bid item.
The above requirements are applicable to vehicles hauling materials over existing roadbeds and structures within
the project limits where the roadbeds or structures will continue in use after project completion, except as controlled
by specifications and special provisions in the contract. The requirements do not apply to the transportation of
materials from a borrow or base source, concrete plant, asphalt plant, etc., where the haul route does not require
travel over public roads outside the project limits or existing roadbeds or structures within the project limits that will
continue in use after project completion.
ITEM 7
LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
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6.8. Construction Traffic on Structures.
Construction traffic on existing bridges and culverts outside the limits of a project shall be subject to the same
maximum size and weight limitations as any other vehicle which has no connection to the project. Overweight
permit requests shall be handled through normal methods for all non - divisible Toads delivering materials to the
project.
Construction traffic on bridges and culverts within the limits of a project, including any structures under
construction, which will remain in service by the traveling public during or after the completion of the project, shall
be subject to the same size and weight limitations as structures outside the limits of the project.
Construction equipment and vehicles which exceed size and weight limitations, including applicable yearly
overweight tolerance permits, may be authorized to cross structures provided the Contractor requests, in writing to
the Engineer, permission to move such construction equipment across structures within the project limits. If, after
evaluation by the Department, no damage or overstresses in excess of those normally allowed for overweight loads
will result to roadbeds or structures which will continue in use after project completion, permission may be granted.
These same provisions shall apply to any load posted highway or bridge.
Where a detour is not readily available or economically feasible to use, an occasional crossing of a structure outside
the project limits with overweight equipment may be allowed for relocating equipment only, but not for hauling
divisible material, provided a structural analysis of the structure using the exact equipment in question indicates that
no damage or overstresses in excess of those normally allowed for overweight loads will result to roadbeds or
structures which will continue in use after project completion. This structural analysis will be performed by the
Department, or at the option of the Contactor, a structural analysis shall be prepared by a Registered Professional
Engineer, using the exact equipment in question. When the Department performs the structural analysis, the
Contractor shall notify the Department, in writing, sufficiently in advance of the anticipated crossing and the
Contractor shall furnish the manufacturer's certificate of equipment weight, including the weight distribution on the
various axles and including any additional parts such as counterweights. Temporary matting and/or other
requirements may be imposed by the Engineer when an occasional crossing is allowed.
The Contractor shall be responsible for protection of existing bridges and other structures which will remain in use
by the traveling public during and after the completion of the project. Any such structure damaged by the use of
construction equipment shall be restored to its original condition or replaced by the Contractor. Additional
temporary fill may be required by the Engineer for protection of certain structures.
6.9. Construction Loads on Structures.
Construction loads on structures which will remain in service by the traveling public during or after completion of
the project, for the purpose of performing construction operations, such as cranes erecting beams in adjacent spans,
may be allowed if necessary. Prior to any operation which may require placement of such equipment of a bridge,
the Contractor shall prepare and submit for approval detailed erection analyses, prepared by a Registered
Professional Engineer.
The erection analyses shall include all axle loads, tire loads, outrigger placements, center of gravity, equipment
weight, and predicted loads on such tires and/or outrigger for all planned movements, swings, or boom reaches.
The Department will make available to the Contractor any available plans and material reports for the existing
structure. The analyses shall demonstrate that no overstresses will occur in excess of those normally allowed for
occasional overweight loads.
7.1. Laws to be Observed.
The Contractor shall be familiar with and at all times shall observe and comply with all Federal, State and local
laws, ordinances and regulations which in any manner affect the conduct of the work and shall indemnify and save
harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or
regulation, whether by himself or by his employees.
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It is specifically agreed between the parties executing this contract that it is not intended by any of the provisions of
any part of the contract to create the public or any member thereof a third party beneficiary hereunder, or to author-
ize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this contract. The duties, obligations and responsibilities of the parties to this contract with
respect to third parties shall remain as imposed by law.
7.2. Permits, Licenses and Taxes.
Except as specified in Articles 7.18, 7.19 and 7.20, the Contractor shall procure all permits and licenses, pay all
charges, fees and taxes and give all notices necessary and incident to the due and lawful prosecution of the work.
Contractors performing work in accordance with plans and specifications previously approved by a City will not be
required to comply with the provisions and requirements of that City's Electrical Ordinance.
7.3. Patented Devices, Materials and Processes. If the Contractor is required or desires to use any design,
device, material or process covered by letters of patent or copyright, he shall provide for such use by suitable
agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the City
from any and all claims for infringement by reason of the use of any patented design, device, materials or process,
or any trademark or copyright used in connection with the work and they shall indemnify the City against any costs,
expenses, or damages which it may be obliged to pay, by reason of such infringement, at any time during the
prosecution or after the completion of the work.
7.4. Insurance.
As specified in Article 3.4 and prior to the beginning of work, the Contractor shall provide the Department with the
Department's Certificate of Insurance covering the below listed insurance coverages:
A. Workers' Compensation Insurance
Amount - Statutory
B. Comprehensive General Liability Insurance
Amounts - Bodily Injury
Property Damage
or
Commercial General Liability Insurance
Amount -
$500,000 each occurrence
$100,000 each occurrence
$100,000 for aggregate
$600,000 combined single limit
C. Comprehensive Automobile Liability Insurance or
Texas Business Auto Policy
Amounts — Bodily Injury $250,000 each person
$500,000 each occurrence
Property Damage $100,000 each occurrence
This insurance shall be kept in force until the work described in this contract has been completed and accepted by
the Department. If for any reason insurance coverage is not kept in force, all work will be stopped until an
acceptable Certificate of Insurance is provided the Department.
The City shall be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in B
and C above. A "Waiver of Subrogation Endorsement" in favor of the City shall be a part of each policy for
coverages listed in A, B and C above.
The Contractor shall be responsible for any deductions stated in the policy.
The Contractor also shall provide the Department a written certification that the Contractor is providing workers'
compensation insurance coverage for all employees of the Contractor employed on the project.
A subcontractor shall provide a written certification to the Contractor that the subcontractor is providing workers'
Ld 11'18;9-' 5.:. Aft
Page 22 of 34
compensation insurance coverage for all employees of the subcontractor employed on the project, and the
Contractor shall provide the Department written certification to this effect.
However, when the Contractor and the subcontractor agree in writing for the Contractor to provide workers'
compensation insurance coverage for all employees of the Contractor and subcontractor employed on the project,
the Contractor shall provide a copy of said agreement to the Contractor's workers' compensation insurance carrier
within 10 days of execution, and provide a written certification of said agreement to the Department.
7.5. Restoration of Surfaces Opened by Permit.
The Contractor shall not allow any party to make an opening in the highway unless a duly authorized permit signed
by the Engineer is presented. Until the acceptance of the work, the Contractor shall make all necessary repairs in the
roadway where openings have been made by due authority. Such repair work will be performed in accordance with
Article 4.3.
7.6. Sanitary Provisions.
The Contractor shall, at his entire expense, provide and maintain in a neat, sanitary condition such accommodations
for the use of his employees as may be necessary to comply with the requirements and regulations of the Texas
Department of Health or of other authorities having jurisdiction.
7.7. Public Safety and Convenience.
The safety of the public and the convenience of traffic shall be regarded as of prime importance. Unless otherwise
shown on plans or except as herein provided, all portions of the highway shall be kept open to traffic. It shall be the
entire responsibility of the Contractor to provide for traffic along and across the highway, as well as for ingress and
egress to adjacent property, in accordance with the traffic control plan and detours as shown on the plans and in the
specifications for the project or as directed/approved by the Engineer.
The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with
traffic. The Contractor shall secure the Engineer's approval of his proposed plan of operation and sequence of work.
If at any time during construction the approved plan does not accomplish the intended purpose due to weather or
other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes as
directed/approved by the Engineer therein to correct the unsatisfactory conditions.
During construction of proposed structures, unless otherwise shown on the plans, the Contractor will construct and
maintain detours and temporary structures as designed by or directed by the Engineer. Unless otherwise provided
on the plans, the cost of constructing such temporary detours will be paid for in accordance with Article 4.3.
At all times, all equipment not in use shall be stored in such manner and at such locations as not to interfere with the
safe passage of traffic.
The Contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to
provide for the safety and convenience of public travel and Contractor's personnel, and as directed by the Engineer.
Flaggers shall be English speaking, courteous, well informed, physically and mentally able to effectually perform
their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at
all times when on duty. When directing traffic, flaggers shall use standard attire, flags and signals and shall follow
the flagging procedures set forth in the TMUTCD.
If, in the opinion of the Engineer, any of the above requirements are not complied with, the Engineer may do such
work as he may consider necessary; however, this shall not change the legal responsibilities set forth in this Item.
The expense for such work will be borne by the Contractor and the cost thereof shall be deducted from any moneys
due or to become due to the Contractor.
7.8. Barricades and Danger, Warning and Detour Signs and Traffic Handling.
The Contractor shall have the sole responsibility for providing, installing, moving, replacing, maintaining, cleaning
and removing upon completion of work all barricades, warning signs, barriers, cones, lights, signals and other such
type devices and of handling traffic as shown on the plans or as directed/approved by the Engineer. All barricades,
warning signs, banners, cones, lights, signals and other such type devices shall conform to details shown on the
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plans or those indicated in the TMUTCD.
The Contractor may provide special signs not covered by the plans to protect the traveling public against special
conditions or hazards, provided, however, that such signs are first approved by the Engineer.
Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type
devices and evidence thereof shall be removed by the Contractor.
If, in the opinion of the Engineer, any of the above requirements are not complied with, the Engineer may do such
work as he may consider necessary to fulfill these requirements; however, this shall not change the legal
responsibilities set forth in this Item. The expense for such work will be borne by the Contractor and the cost
thereof shall be deducted from any moneys due the Contractor or to become due to the Contractor.
7.9. Use of Explosives.
When the use of explosives is necessary for the prosecution of the work, the Contractor shall use the utmost care not
to endanger life or property. All explosives shall be stored in a secure manner and all storage places shall be marked
clearly "DANGEROUS - EXPLOSIVES ". The method of storing and handling explosives and highly flammable
materials shall conform with Federal, State and local laws, ordinances and regulations.
In advance of doing any blasting work involving the use of electric blasting caps within 200 feet of any railroad
track, the Contractor shall give at least 48 hours advance notice to the nearest Roadmaster.
7.10. Protection of Adjoining Property.
The Contractor shall take proper measures to protect the adjacent or adjoining property which might be injured by
any process of construction, and, in case of any injury or damage resulting from any act or omission on the part of
or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or
equal to that existing before such injury or damage was done, or he shall make good such injury or damage in an
acceptable manner.
7.11. Responsibility for Damage Claims.
The Contractor agrees to indemnify and save harmless the City, its agents and employees from all suits, action or
claims and from all liability and damages for any and all injuries or damages sustained by any person or property in
consequence of any neglect in the performance of the contract by the Contractor and from any claims or amounts
arising or recovered under the "Workers' Compensation Laws "; Chapter 101, Texas Civil Practice and Remedies
Code (Texas Tort Claims Act) or any other laws. He shall further so indemnify and be responsible for all damages
or injury to property of any character occurring during the prosecution of the work resulting from any act, omission,
neglect or misconduct on his part in the manner or method of executing the work; or from failure to properly
execute the work; or from defective work or materials.
The Contractor's attention is directed to the fact that pipelines and other underground installations as may or may
not be shown on the plans may be located within the right -of -way. The locations shown on the plans have been
taken from the best available information. The Contractor shall save the City harmless from any and all suits or
claims resulting from damage by his operations to any pipeline or underground installation. In addition, the
Contractor shall submit, at the pre - construction conference, his scheduled sequence of work to the respective utility
owners so that any necessary adjustments of their utilities that conflict with the proposed work may be coordinated
and scheduled.
7.12. Contractor's Responsibility for Work.
Until final written acceptance of the project by the Engineer, the Contractor shall have the charge and care thereof
and shall take every precaution against injury or damage to any part thereof by the action of the elements or from
any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall
rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the
above causes before final acceptance and shall bear the expense thereof except for damage to vehicle impact
attenuators (crash cushions and guardrail end treatments) which are a portion of the work, not damaged by the
Contractor or his operations, and except for damage to the work due to Acts of God such as earthquake, tidal wave,
rt
Page 24 of 34
tornado, hurricane or other cataclysmic phenomena of nature or acts of governmental authorities. In case of
suspension of work for any cause, the Contractor shall be responsible for the preservation of all materials. He shall
provide suitable drainage of the roadway and shall erect temporary structures where required. The Contractor shall
maintain the roadway in good and passable condition until final acceptance, except as outlined below for opening
the roadway to traffic.
Except in cases of damage by the Contractor or that caused by the Contractors operations, all work required for the
repair and/or replacement of damaged vehicle impact attenuators (crash cushions and guardrail end treatments)
which are a portion of the work, will be paid for as "Extra Work ", in accordance with Article 4.3.
Except for damage by the Contractor or that caused by the Contractor's operations, the Contractor will not be
responsible for repair of damage to existing appurtenances such as guard fence, bridge wings and railing,
illumination assemblies, underpass structures, traffic barriers, delineator assemblies, signs, sign bridges, vehicle
impact attenuators (crash cushions and guardrail end treatments) and traffic signals, where such damage is caused
by (a) motor - vehicle, seacraft, aircraft or railroad -train collision; or (b) vandalism. Such release from responsibility
for damage includes only appurtenances, or portions thereof, which were existing at the beginning of the proposed
work and for which no work is proposed under this contract; or for existing appurtenances that do require work
under this contract but for which no work has yet begun. Except for damage caused by the Contractor's operations,
the release from responsibility also includes damage to existing appurtenances, to the existing pavement structure
and to other existing structures which are damaged by fire or by chemical spills which are a result of motor - vehicle,
seacraft, aircraft or railroad -train operation or accidents. In the event of damage to existing appurtenances, etc., as
described in this article, the Contractor will be required to plan and prosecute his work so as not to interfere with or
hinder the completion of the work required for this damage repair. An extension of time may be granted, if
necessary, for delays caused to the Contractor by the damage - repair work.
Wherever in the opinion of the Engineer any roadway or portion thereof is in suitable condition for travel, it shall be
opened to traffic, as may be directed, and such opening shall not be held to be in any way the final acceptance of the
roadway or any part of it or as a waiver of any of the provisions of the contract Where it is considered by the
Engineer to be in the public interest and so ordered in writing by him, any substantially completed roadway or
portion thereof may be opened to traffic as follows:
(1) When work is suspended for a considerable period of time at the convenience of the City, the
Department will assume the responsibility for maintaining the entire roadway during the period of
suspension; or
(2) When the roadway or portion thereof is opened to traffic during construction operations at the
convenience of the City, the Department will assume responsibility for the maintenance of the traveled
way and shoulders during the period in which it is opened to traffic.
The City in assuming responsibility for maintenance under this provision may require the work to be done
in accordance with Article 4.3, or may do it with its own forces; provided, however, this shall not change
the legal responsibilities set out in Article 7.11.
Upon completion of all work provided for in the contract for any individual limits, control or project, the
Engineer may make an inspection, and if the work is found to be satisfactory the Contractor will be
released from further maintenance on that portion of the work, except for damage caused by the Contractor
or his operations. Such partial acceptance will be made in writing and shall in no way void or alter any
terms of the contract. Other specific units of the project will be accepted on an individual basis when
shown on the plans or as approved by the Engineer.
7.13. Personal Liability of Public Officials.
In carrying out the provisions of the contract or in exercising any power or authority granted thereunder, there shall
be no liability upon the Engineer or his authorized assistants, either personally or otherwise, as they are agents and
representatives of the City.
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7.14. Responsibilities to the Railroad Companies.
If the project crosses or is in close proximity to a railroad, the Contractor shall conduct his operations in such
manner as not to interfere with, hinder or obstruct the Railroad Company in any manner whatever in the use or
operation of its trains or other property.
Whether the Contractor's work will be on or in the vicinity of an at -grade railroad crossing, involves incidental work
on railroad right of way or involves construction of a railroad grade separation structure, the Contractor shall notify
the Railroad Company's Division Engineer and the City's Project Engineer at least three (3) days prior to the
performance of any work on the Railroad right of way, unless otherwise shown in the contract.
During the time this work is in progress the Contractor shall assign such responsible supervisory personnel as are
necessary to assure that due caution is observed by his workmen to keep the tracks and adjacent areas clear of
debris and/or road materials and equipment which might damage the tracks and railroad facilities or obstruct the
safe passage of trains.
In addition to the above, if the work requires construction, other than paving or surfacing, in the vicinity of the
tracks (or shoofly), the Railroad Company will provide flaggers during the periods when beams are being erected
and slab forms are being both constructed and removed over the tracks, when pilings are being driven or shafts
drilled adjacent to the tracks and at such other times that the tracks may be subject to obstruction due to the
construction operations. This flagging service will be paid for by the City as a Force Account Item with the Railroad
Company and will be at no expense to the Contractor.
In the performance of said work no construction material or equipment shall be stored on the Railroad's right of way
nearer than 15 feet from the centerline of any tracks. No forms or temporary false work shall be within 8.5 feet
horizontally from centerline of any tracks or within 22 feet vertically above the top of rails of any track, unless
otherwise shown on the plans.
Subject to the above conditions, the Contractor is allowed access on railroad right of way and is authorized to cross
the tracks for the purpose of constructing a grade separation structure and approaches if shown on the plans.
When permitted by the Railroad Company, the Contractor will also be allowed to cross the tracks in hauling other
roadway material across the tracks at points on the right of way near the structure. The Railroad Company will
furnish and install and later remove standard crossing plank at the expense of the Contractor. If automatic warning
devices are required for the temporary crossing as determined by the Railroad Company and the City, they will be
provided without cost to the Contractor. It shall be the Contractor's responsibility to insure that the tracks are Left
clear of equipment and debris which would endanger the safe operation of railroad traffic. The Contractor shall
provide one crossing watchman on each side of the crossing to direct his equipment when he is hauling across the
tracks. Any railroad flaggers required by the Railroad Company for protection of this crossing due to the hauling
operations will be paid for by the City as a Force Account Item with the Railroad Company and will be at no
expense to the Contractor. Equipment traffic shall be halted a safe distance away from the crossing upon the
approach of railroad traffic.
The Railroad Company may require the Contractor to execute an "Agreement for Contractor's Temporary
Crossing ". If required, it is the Contractor's responsibility to secure this agreement at no expense to the City.
7.15. Abatement and Mitigation of Excessive or Unnecessary Construction Noise.
Throughout all phases of the construction of this project, including the moving, unloading, operating and handling
of construction equipment prior to commencement of work, during the project and after the work is complete, the
Contractor shall make every reasonable effort to minimize the noise imposed upon the immediate neighborhood
surrounding the area of construction. Particular and special efforts shall be exercised by the Contractor to avoid the
creation of unnecessary noise impacts on adjacent sensitive receptors in the placement of non - mobile equipment
such as air compressors, generators, pumps, etc. The placement of temporary parked mobile equipment with the
engine running shall be such as to cause the least disruption of normal adjacent activities not associated with the
work to be performed by the Contractor.
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All equipment associated with the work shall be equipped with components designed by the manufacturer wholly or
in part to suppress excessive noise and these components shall be maintained in their original operating condition
considering normal depreciation. Noise - attenuation devices installed by the manufacturer such as mufflers, engine
covers, insulation, etc., shall not be removed nor rendered ineffectual nor be permitted to remain off the equipment
while the equipment is in use.
7.16. Work Near Electrical Power Lines.
Any operations by the Contractor which are located near any electrical power lines shall be accomplished using
established industry and utility safety practices. The Contractor shall consult with the appropriate utility company
prior to beginning any such work. All associated costs will be the responsibility of the Contractor.
7.17. Preservation of Cultural Resources.
here material sources and waste sites are not listed in the contract, the Contractor shall provide sources of material
and waste sites acceptable to the Engineer.
As soon as the Contractor determines the location of specific material sources (base material, aggregate, common
borrow, sandpits, etc.) and waste sites for project use and prior to any surface disturbance of these material sources
and waste sites, the Engineer shall be notified so that archaeological surveys can be initiated. The Engineer will
initiate archaeological surveys within a timely manner. Work in these areas and equipment storage areas, haul
roads, etc., will not be permitted until surveys and any necessary testing have been completed and the Department
has determined that significant archaeological resources do not exist or have been satisfactorily mitigated.
If the Contractor selects a commercial source that is in use, the requirements for archaeological clearance will not
apply. However, if the Contractor owns a non - commercial source or if he negotiates with an owner to establish a
pit, these requirements will apply.
If sites, buildings and locations of historical, archaeological, educational or scientific interest are discovered within
the right of way or within non - commercial material sources outside the right of way after construction operations
are begun, operation in that particular area shall cease immediately and the sites, buildings or locations shall be
investigated and evaluated by the Department
When necessary, an extension of working time will be granted, for delays caused by the above investigations and
evaluations.
7.18. Work in Waters of the United States.
Where it becomes necessary for the Contractor to work in waters of the United States or their adjacent wetlands as
delineated by the U.S. Army Corps of Engineers, the Contractor should be aware that a Section 404 permit may be
required. The Department will obtain any Section 404 permits prior to commencement of construction on a project
by project basis. The Contractor will be required to adhere to any agreements, mitigation plans and standard best
management practices required for a permit on any project. If the Contractor makes changes in the project
construction method that would result in changes of project impacts to waters of the U.S., the Contractor will be
responsible for any new Section 404 permit
7.19. Work in Navigable Waters.
Any operations by the Contractor relating to the placement of embankment into, or the placement or rehabilitation
of structures in or over navigable waters of the U.S. as designated by the U.S. Army Corps of Engineers or the U.S.
Coast Guard, is subject to regulation by these agencies. Approval will be coordinated by the Department and
construction should not commence until the activity is approved by the regulatory agency. The Contractor will be
required to adhere to the stipulations of the permit and the associated best management practices. If the Contractor
makes changes in the project construction method that would result in changes of project impacts to navigable
waters of the U.S., the Contractor will be responsible for any new Section 9 permit from the U.S. Coast Guard.
7.20. Work Over the Recharge Zone of Protected Aquifers.
Relating to work over the recharge zones of protected aquifers, as defined and delineated by the Texas Water
Commission (TWC), the Contractor shall make every reasonable effort to minimize the degradation of water quality
di
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resulting from construction impacts. The Contractor will be required to follow best management practices and to
use and maintain those sedimentation and water pollution control devices as required by the Engineer.
If a Water Pollution Abatement Plan (WPAP) is required by the TWC, modification to the approved WPAP by the
Contractor will require the Engineer's approval and be coordinated through the Department with the TWC.
ITEM 8:
PROSECUTION AND PROGRESS
8.1. Assigning of Contract and Subcontracting.
(1) Assigning of Contract. The Contractor will not be permitted to assign, sell, transfer or otherwise
dispose of the contract or any portion thereof, or his rights, title, or interest therein without the approval of
the Council. Any assignment proposed by the Contractor must be deemed justified or legally acceptable by
the Department.
(2) Subcontracting. The Contractor will not be permitted to sublet any portion of the contract without the
approval of the Engineer. No subcontract will, in any case, relieve the Contractor of his responsibility
under the contract and bonds. The Contractor shall perform with his own organization and with the
assistance of workmen under his immediate superintendence, work of a value not less than 50 percent of
the value of all work embraced in the contract exclusive of items not commonly found in contracts for
similar work, or which require highly specialized knowledge, craftsmanship and/or equipment not
ordinarily available in the organizations of contractors performing work of the character embraced in the
contract. Specialty items may be performed by subcontract and the amount of any item so performed may
be deducted from the total original contract amount before computing the amount of work required to be
performed by the Contractor's own organization. "His own organization" shall be construed to include
only workers employed and paid directly by the prime Contractor and equipment owned or rented directly
by the prime Contractor, with or without operators. Such term does not include employees or equipment
of a subcontractor, agent of the prime Contractor, or any other entity. The Department reserves the right to
require copies of cancelled checks from the prime Contractor to verify direct payment of laborers and
equipment sufficient to meet the above requirements.
The Contractor shall give assurance that the minimum wage for labor and the maximum amount to be
deducted for board, if furnished, as stated in the governing provisions shall apply to labor performed on all
work sublet. Written consent to sublet any portion of the contract shall not be construed to relieve the
Contractor of any responsibility for the fulfillment of the contract.
8.2. Prosecution of Work.
Prior to beginning construction operations, a preconstruction conference between the Contractor and the Engineer
will be conducted. The Contractor shall begin the work to be performed under the contract within 30 days after the
date of the authorization to begin work as shown on the work order and shall continuously prosecute same with such
diligence as will enable him to complete the work within the time limit specified. He shall notify the Engineer at
least 24 hours before beginning work and any new operation. The Contractor shall not start new operations to the
detriment of work already begun. The prosecution of the work shall be conducted in such a manner as to impose
minimum interference to traffic.
Also, prior to beginning construction operations, the Contractor shall submit to the Engineer for approval a bar
chart outlining the schedule of all planned major work activities or major phases that he intends to follow in order to
complete the contract within the allotted time. A beginning date and a duration in working days shall be shown for
each work activity or phase. An estimated production rate for each activity or phase shall also be shown. Material
procurement, known utility relocations and other activities which may affect the completion of the project should be
included with the work activities shown on the bar chart.
A project status meeting will be held with the Engineer during the first week of each third month after work begins.
The progress of the work will be reviewed during this meeting. In the event the progress review indicates the
Contractor is behind in the schedule, he will be expected to accelerate his work at his own cost until such time as his
=ricxd r_ ; s;:: E . ; AM
Page 28 of 34
work is on schedule. The Engineer may require the Contractor to submit a revised schedule reflecting the
Contractors accelerated work effort.
If a Critical Path Method (CPM) schedule is specified on the plans in lieu of a bar chart, such schedule must use the
Arrow Diagram Method (ADM) or the Precedence Diagram Method (PDM). All planned major work activities and
sequences as well as material procurements, known utility relocations and other activities which may affect the
completion of the project should be included in the CPM. The review of the progress of the work at project status
meetings will be as previously outlined for bar charts.
The Contractor may submit a revised bar chart or CPM schedule if, in his opinion, additional work, unforeseen
conditions or delays beyond his control affect the completion of the project. The Engineer will promptly review the
new schedule and will have the right of approval. The approved revised schedule will be used to evaluate the
progress of the project. The original bar chart or CPM and any subsequent revisions must be signed by an officer of
the Contractors firm.
Neither a bar chart nor CPM schedule will be required if so specified on the plans.
The observance of the requirements herein is an essential part of the work to be done under the contract. No direct
compensation will be allowed for fulfilling this requirement, as such work is considered subsidiary to the various
bid items of the contract.
83. Workers and Equipment.
The Contractor shall furnish such suitable machinery, equipment and construction forces as may be necessary, in the
opinion of the Engineer, for the proper prosecution of the work, and failure to do so may cause the Engineer to
withhold all estimates which have or may become due and the Engineer may suspend the work until his requests are
complied with.
All workers employed by the Contractor shall have such skill and experience as will enable them to properly
perform the duties assigned. Any person employed by the Contractor or a subcontractor who, in the opinion of the
Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate,
disorderly or otherwise objectionable, shall at the written request of the Engineer be forthwith discharged and shall
not be employed again on any portion of the work without the written consent of the Engineer.
All workers installing electrical materials, including conduit and duct cable in trenches, service poles and all other
system electrical apparatus, shall be directly supervised by persons who have completed an approved course in
electrical underground installations. The Contractor shall furnish evidence of satisfactory completion of the
Underground Electrical Installation for Roadway Illumination and Signal Control course taught by the Texas
Engineering Extension Service for all personnel responsible for direct supervision of electrical installation work on
this project.
8.4. Temporary Suspension of Work.
The Engineer will have authority to suspend the work, wholly or in part, for such period as he may consider
necessary. The Time Charge" will be suspended during such period only if the cause or reason for the suspension
is not under the control of the Contractor. Notice of such suspension with the reasons therefor will be given the
Contractor in writing. The Contractor shall not suspend work without written approval of the Engineer.
If the performance of all or any portion of the work is suspended or delayed by the Engineer, in writing, for an
unreasonable period of time (not originally anticipated, customary or inherent to the construction industry) and the
Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay,
the Contractor shall submit to the Engineer a written request for an adjustment, within seven (7) calendar days of
receipt of the notice to resume work. The request shall set forth the reasons and support for such an adjustment.
The Engineer will evaluate the Contractor's request upon receipt. If the Engineer agrees that the cost and/or time
required for the performance of the contract has increased as a result of such suspension and the suspension was
caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any
approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the
Page 29 of 34
contract in writing accordingly. The Contractor will be notified of the Engineers determination, whether or not an
adjustment of the contract is warranted.
No contract adjustment will be allowed unless the Contractor has submitted the request for an adjustment within the
time prescribed.
No contract adjustment will be allowed under this Article to the extent that performance would have been
suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other
term or condition of this contract.
8.5. Computation of Contract Time for Completion.
The Contractor shall complete the work within the number of working days stated in the contract. For the purpose
of computation of working days, time charges will be considered to begin 15 calendar days after the date of the
written authorization by the Engineer to begin work, unless otherwise provided in the contract.
The Engineer will furnish the Contractor a monthly statement on forms furnished by the Department, showing the
number of working days charged during the month, the total number of working days allowed in the contract and
the working days remaining under the contract. The Contractor shall review the monthly statement of time charges
and will be allowed up to the end of the next estimate period to protest the correctness. This protest shall be in
writing, and shall show cause. Not filing a protest by the end of the next estimate period for any time statement will
indicate the Contractor's approval of the time charges as shown on that time statement and future consideration of
that statement will not be permitted. If the satisfactory completion of the contract requires unforeseen work or work
and materials in greater amounts than those set forth in the contract, then additional working days or suspension of
time charges will be allowed the Contractor equal to the time which, in the opinion of the Engineer, the work as a
whole is delayed.
8.6. Failure to Complete Work on Time.
If the Contractor fails to complete the contract in the working days specified, the time charge will be made for each
working day thereafter.
The time set forth in the proposal for the completion of the work is an essential element of the contract. For each
working day under the conditions described in the preceding paragraph that any work remains uncompleted after
the expiration of the working days specified in the contract, together with any additional working days allowed, the
amount per day shown in the proposal will be deducted from the money due or to become due the Contractor, not as
a penalty, but as liquidated damages.
8.7. Abandonment of Work or Default of Contract.
If the Contractor fails to begin the work within the time specified; fails to perform the work with sufficient workmen
and equipment; has insufficient materials to insure the completion of the work within the contract time; performs the
work unsuitably; neglects or refuses to remove materials or perform anew such work as may have been rejected as
being defective or unsuitable; discontinues the prosecution of the work without authority; becomes insolvent or is
declared bankrupt; commits any act of bankruptcy or insolvency; makes an unauthorized assignment for the benefit
of any creditor; or from any other cause whatsoever does not carry on the work in an acceptable manner, the
Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect or default, specifying the
same. If the Contractor within a period of 10 days after such notice does not proceed in accordance therewith, then
the Department will, upon written notification from the Engineer of the fact of such delay, neglect or default and the
Contractors failure to comply with such notice, have full power and authority, without violating the contract, to take
the prosecution of the work out of the hands of the Contractor and to appropriate or use any or all materials and
equipment on the ground as may be suitable and acceptable, and enter into an agreement for the completion of the
contract according to the terms and provisions thereof or use such other methods as may be required for the
completion of the contract in an acceptable manner. All costs and charges incurred by the Department together with
the costs of completing the work under contract shall be deducted from any moneys due or which may become due
the Contractor. In case the cost so incurred by the Department is less than the amount which would have been
payable under the contract, if the work had been completed by the Contractor, the Department will be entitled to
Page 30 of 34
receive the difference. In case such cost exceeds the amount which would have been payable under the contract,
then the Contractor and the Surety shall be liable and shall pay to the Department the amount of such excess.
8.8. Termination of Contract.
The Department may terminate the contract in the event of a court order prohibiting construction activities. The
Department may also terminate the contract in the event of a national emergency and 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 or an order of
any Federal Authority.
When contracts, or any portion thereof, are terminated, and the Contractor is released before all items of work
included in the contract have been completed, payment will be made for the work completed at contract unit prices
and no claim for loss of anticipated profits shall be considered. Reimbursement for organization of the work and
moving equipment to and from the job will be considered where the volume of the work completed is too small to
compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable
settlement will be made with the Contractor, as determined by the Engineer.
When contracts, or any portion thereof, are permanently terminated, acceptable materials, obtained by the
Contractor for the work, that have been inspected, tested and accepted by the Engineer, and that are not
incorporated in the work, will be purchased from the Contractor at the actual cost as shown by receipted bills and
the actual cost records at such points of delivery as may be designated by the Engineer.
Termination of a contract, as stated above, will not relieve the Contractor or his Surety of the responsibility of
replacing defective work as required by the contract.
8.9. Railroad Construction.
When work to be done within the limits of a project involves a railroad company, the Contractor will be required to
plan and prosecute his work to avoid interference with, or hindrance to, that portion of the work that is the
responsibility of the railroad company. The observance of this is an essential part of the work to be done under the
contract. No direct compensation will be allowed for fulfilling this requirement as such work is considered
subsidiary to the various bid items of the contract.
An extension of working time will be granted, if necessary, for delays caused to the Contractor by the railroad
company.
8.10. Hazardous Materials.
Materials utilized in the project shall be free of any hazardous material as defined in Item 1, "Definition of Terms'.
When the Contractor encounters existing materials on sites owned or controlled by the City or in required material
sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall
immediately notify the Engineer. The City will be responsible for the testing for and removal or disposition of
hazardous materials on sites owned or controlled by the City. The Engineer may suspend the work wholly or in part
during the testing, removal or disposition of hazardous materials on sites owned or controlled by the City.
When materials delivered to the project are suspected by visual observation or smell to contain hazardous materials,
they shall be tested for contamination. All testing shall be by a commercial laboratory approved by the Engineer.
When materials delivered to the project are found to be contaminated, the material shall be removed and disposed
of by the Contractor. The testing for and removal or disposition of such hazardous materials delivered to the project
by the Contractor shall be at the Contractor's expense. No suspending of the Time Charges' and no extensions of
working time will be granted to the Contractor resulting from hazardous material which he has delivered.
The Contractor shall indemnify and save harmless the City and its representatives, for the generation and/or
disposition of hazardous materials generated by the Contractor on all work done by the Contractor on City owned or
controlled sites. Further, the Contractor shall indemnify and save harmless the City and its representatives from any
liability or responsibility arising out of the generation or disposition of any hazardous materials obtained, processed,
stored, shipped, etc, on sites not owned or controlled by the City. Should the City be required to make any
Page 31 of 34
payments or pay any costs or fees or make restitution as a result of the Contractors actions, the Contractor shall
reimburse the City for any and all payments of moneys.
The rules, regulations, policies, procedures, standards, applications and reports of the various State agencies
including but not limited to the Texas Water Commission (TWC), the Texas Water Well Drillers Board (TWWDB)
and the Railroad Commission (RRC), and of the applicable federal departments and agencies including but not
limited to the Environmental Protection Agency (EPA), Department of Energy (DOE), Department of
Transportation (DOT) and the Occupational Safety and Health Administration (OSHA) shall apply to all operations
of the Contractor, including but not limited to the following: sampling, plugging, cleaning, testing, removing,
disposing and backfilling.
ITEM 9:
MEASUREMENT AND PAYMENT
9.1. Measurement of Quantities.
All work completed under contract will be measured by the Engineer according to United States standard measures
unless otherwise specified. All longitudinal measurements for surface area will be made along the actual surface of
the roadway and not horizontally, unless otherwise specified. No deduction will be made for structures in the
roadway having an area of nine (9) square feet 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 shall not exceed those shown on plans or ordered in writing by the Engineer. All materials which are specified
for measurement by the cubic yard in vehicles shall be hauled in approved vehicles and measured therein at the
point of delivery on the roadway. Vehicles for this purpose may be of any type or size satisfactory to the Engineer
provided that the body is of such type that the actual contents may be readily and accurately determined. Each
approved vehicle shall bear an identification mark indicating specific approval by the Engineer. The Inspector may
reject all loads not hauled in such approved vehicles.
In those items which provide for payment by "Plan Quantity ", the calculations used to determine such quantities
shall be made by standard methods of calculation, using the methods described in the governing specification, and
may or may not represent the exact quantity of material moved, handled or placed in the roadway or structure
during the execution of the contract. The quantities shown on the plans, adjusted in accordance with the governing
specification when required, will be the quantity for which payment will be made.
When the Engineer and Contractor agree in writing, the final payment for the pay items of sprinkling, rolling,
stripping, scraper work, disking, blading, bulldozer work or road grader work may be fixed at plan quantity if the
proposal quantity multiplied by the unit bid price is less than $250.00. This provision will apply regardless of
whether the final quantity required is greater than or less than the quantity stated in the proposal.
9.2. Scope of Payment.
The Contractor shall accept the compensation, as provided in the contract, as full payment for furnishing all
materials, supplies, labor, tools and equipment necessary to complete the work under the contract; for any loss or
damage which may arise from the nature of the work, or from the action of the elements, except as noted in Article
7.12, and as provided in Articles 8.4 and 9.7., until the final acceptance by the Engineer, for any infringement of
patent, trademark, or copyright; and for completing the work according to the plans and specifications. The
payment of any current or partial estimate shall in no way affect the obligation of the Contractor at his expense to
repair or renew any defective parts of the construction or to replace any defective materials used in the construction
and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the
final inspection and acceptance of the work.
9.3. Payment for Extra Work.
Extra work ordered, performed and accepted will be paid for in accordance with Article 4.3.
9.4. Force Account.
When extra work is ordered to be performed on a "Force Account" basis, payment for same will be made as
follows:
Page 32 of 34
The Contractor and the Department will agree in writing before beginning the work on the rate of wage which the
Contractor will receive for all labor and foremen. The Contractor will be paid said rate for each hour that the labor
and foremen are actually engaged in the work except that in the event that the particular laborers and foremen
anticipated to be used in the work are not available then the individuals involved in the work will be reimbursed at
the rate shown on the payrolls, In no case will the rate of wage be less than the minimum shown in the contract for
a particular category. The Contractor will receive an additional 25% as compensation based on the total wages paid
said laborers and foremen. No charge will be made by the Contractor for organization or overhead expenses. For
cost of premiums on public - liability and workers - compensation insurance, Social - Security and unemployment -
insurance taxes, an amount equal to 55 percent of the sum of the labor cost, excluding the 25 percent compensation
provided above, will be paid to the Contractor. The actual cost of the Contractor's bond on the extra work will be
paid. No charge for superintendence will be made unless considered necessary and ordered by the Engineer.
The Contactor will receive the actual cost, including freight charges, of the materials used on such work to which
cost will be added a sum equal to 25 percent thereof as compensation. When material invoices indicate a discount
may be taken, the actual cost will be the invoice price minus the discount.
For Contractor owned machinery, trucks, power tools or other equipment which are necessary for use on force
account work, the Rental Rate Blue Book as modified by the following will be used to establish hourly rates.
Equipment used shall be at the rates in effect for each section of the Blue Book at the time of use.
The following formula shall be used to compute the hourly rates:
11 = MxR +OP
176
Where I-1= Hourly Rate
M = Monthly Rate
R1 = Rate Adjustment Factor
R2 = Regional Adjustment Factor
OP = Operating Costs
If Contractor -owned equipment is not available and equipment is rented from outside sources, the hourly rate will
be established by dividing the actual invoice cost by the actual number of hours the equipment is involved in the
work. The City reserves the right to limit the hourly rate to comparable Blue Book rates. When the invoice
specifies that the rental rate does not include fuel, lubricants, repairs and servicing, the Rental Rate Blue Book
hourly operating cost shall be added for each hour the equipment operates.
If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engineer
will allow the Contractor a reasonable hourly rate, as agreed upon in writing before such work is begun. This price
will include the cost of fuel, lubricants and repairs.
If the Contractor has to mobilize equipment from an off- project site, rates for the hauling equipment and personnel
will be included as part of the force account work.
The established equipment hourly rates will be paid for each hour that the equipment is involved in the work to
which will be added 15 percent as compensation. In the event that the equipment is used intermittently during the
work, full payment for an eight -hour day will be made if the equipment is not idle more than four (4) hours of the
day. If the equipment is idle more than four (4) hours in a day, then payment will be made only for the actual hours
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worked.
Page 33 of 34
The compensation, as herein provided for, shall be received by the Contractor as payment in full for extra work
completed on the "Force Account" basis and will include use of small tools, overhead expense and profit. The
Contractor's representative and the Inspector shall compare records of extra work completed on the "Force
Account" basis at the end of each day. Copies of these records will be made upon suitable forms provided for this
purpose by the Department and signed by both the Department's and the Contractor's representatives, one copy
being forwarded to the Engineer and one to the Contractor. All claims for "Extra Work" performed on the "Force
Account" basis shall be submitted to the Engineer by the Contractor upon statements to which shall be attached
copies of invoices covering the cost of, and the freight charges on, all materials used in such work, and such
statements shall be filed not later than the tenth day of the month following that month in which the work was
actually performed.
When extra work is ordered to be performed on a "Force Account" basis, and the estimated cost is Less than
$5000.00, payment of same may be made on the basis of a certified correct invoice submitted to the Engineer by the
Contractor. The invoice shall include the Contractor's actual cost for materials, labor, equipment and incidentals
necessary to complete the extra work. The invoice will also include additional compensation allowed above, in this
article, as well as the cost of the Contractor's bond on the extra work.
9.5. Partial Payments.
Once each month, the Engineer will make an approximate estimate, in writing, of the materials in place, the amount
of work performed and the value thereof at the contract unit prices.
In addition to the above and upon presentation of copies of invoices, freight bills or other acceptable evidence to
establish cost, an estimate shall be made and included for the invoice cost of acceptable reinforcing steel, structural
steel, precast concrete members, stone, gravel, sand or any other non - perishable materials delivered on the work or
in acceptable storage places and which have not been used in the work prior to such estimate. For contracts of
$100,000.00 or more, the invoice(s) or other acceptable evidence to establish cost submitted by the Contractor for a
particular material must total $1,000.00 or more before it can be eligible for partial payment. For contracts less than
$100,000.00, invoices as previously described must total $200 or more before the particular material can be eligible
for partial payment.
For materials where storage on or near the project is not practical and for acceptable structural components
(structural steel, concrete members, piling, etc.) fabricated in accordance with details shown on the plans and stored
in any location approved by the Director of Materials and Tests, an estimate will be made and included for the
invoice cost, exclusive of any transportation costs, of the material involved after the Contractor has furnished the
Engineer with a copy of the invoice. Only materials which are completely constructed and/or fabricated on the
Contractor's order for a specific project, and are so marked, and on which an approved Test Report has been issued,
are eligible. This may also include the following items: concrete traffic barrier, precast concrete box culverts,
concrete piling, reinforced concrete pipe and illumination poles. Any repairs required, after fabricated materials
have been approved for storage, shall require approval by the Engineer prior to being made and shall be made at the
expense of the Contractor.
The Contractor shall furnish the Department with a paid invoice on all material on hand within 60 days (two
estimate cycles). The paid invoice shall contain a signed statement by the Contractor indicating that payment for
the material shown on the invoice has been made. Repeated failure to provide a signed paid invoice within 60 days
will result in the removal of the particular material from the monthly estimates. This material will not be considered
for partial payment on subsequent monthly estimates.
The Contractor shall submit, with each request for partial payment, a statement certifying that he has not previously
received payment from the Department for the same material.
For precast concrete products which may be completely fabricated or constructed by the Contractor for which
invoices or freight bills are not pertinent, and which have been stored in acceptable storage places, and which have
not been used in the work, an estimate will be made and payment based on a certified statement of cost as provided
�ti 41:nwtl ec:c,
Page 34 of 34
by the Contractor and approved by the Engineer.
Partial payments for any material on hand or in acceptable storage shall not exceed the bid price less reasonable
placement cost as approved by the Engineer.
From the total of the amounts so ascertained will be deducted five (5) percent to be retained until after the
completion of the entire work to the satisfaction of the Engineer, and the remaining 95 percent of the amount so
ascertained will be paid to the Contractor less such amounts as may be required by the contract to be deducted.
Partial estimates showing an amount of work performed since the last preceding estimate of less than $1,000.00
may be withheld until the amount of work performed on a partial estimate is at least $1,000.00.
Sixty percent of the retainage will be paid immediately after the "Final Acceptance ".
9.6. Acceptance and Final Payment.
When the work provided for in the contract has been completed by the Contractor, and all parts of the work have
been approved and accepted by the Engineer, a final estimate showing the amount of the work and the amount due
the Contractor under the contract will be prepared by the Engineer. The amount of the final estimate, less any sums
previously paid under the contract will be paid to the Contractor.
9.7. Differing Construction -site Conditions.
During the progress of the work, if subsurface or latent physical conditions are encountered at the site, differing
materially from those indicated in the contract, or if 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, are encountered at the site, the Party discovering such conditions shall promptly notify the other Party in
writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will promptly investigate the conditions, and if he determines that the
conditions materially differ and cause an increase or decrease in the cost or time required for the performance of
any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract
modified in writing in accordance with Article 9.3. The Contractor will be notified of the Engineer's determination
whether or not an adjustment of the contract is warranted.
No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has
provided the required written notice in accordance with Article 4.4.
No contract adjustment will be allowed under this clause for any effects caused on unchanged work.
9.8. Plans Quantity Measurement.
When plans quantity measurement is specified for an item, adjustment of quantities will be made by the following:
If the quantities measured as outlined under "Measurement" vary from those shown in the proposal and on the
"Estimate and Quantity" sheet by more than 5 % (or as stipulated under the measurement article for the Item), either
party to the contract may request, in writing, an adjustment of the quantities by each separate bid item, except that
when stated in the particular item, the adjustment will be made based upon a designated element shown in the Item.
The party to the contract which requests the adjustment shall present, to the other, one copy of field measurements
and calculations showing the revised quantities in question. These revised quantities, when approved by the
Engineer, together with all other quantities under the same bid item, shall constitute the final quantity for which
payment will be made.
When quantities are revised by a change in design, the "Plan Quantity" will be increased or decreased by the
amount involved in the design change.
Payment for revised quantities will be paid for at the unit price bid for that bid item, except as provided for in
Article 4.2.
4
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U.S. Department of Transportation
Federal Highway Administration
I. General 1
II. Nondiscrimination 2
III. Nonsegregated Facilities 7
IV. Payment of Predetermined Minimum Wage 7
V. Statements and Payrolls 13
VI. Record of Materials, Supplies and Labor 15
VII. Subletting or Assigning the Contract 16
VIII. Safety: Accident Prevention 17
IX. False Statements Concerning Highway Projects 17
X. Implementation of CLean Air Act and Federal Water Pollution
Control Act 18
XI. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion 19
XII. Certification Regarding Use of Contract Funds for Lobbying 23
A. Employment Preference for Appalachian Contracts (included in
Appalachian contracts only)
I. GENERAL
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
ATTACHMENTS
Page
1. These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate superintendence
and to all work performed on the contract by piecework, station work, or
by subcontract.
2. Except as otherwise provided for in each section, the
contractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further require
their inclusion in any Lower tier subcontract or purchase order that may
in turn be made. The Required Contract Provisions shall not be
incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier
subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these
Required Contract Provisions shall be sufficient grounds for termination
of the contract.
Form FUWA 1273 (Rev.12 -93) Page 1
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4_ A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these Required Contract
Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the DOL, or the contractor's employees or their
representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States, (except for employment preference for
Appalachian contracts, when applicable, as specified in Attachment A),
or
b. employ convict labor for any purpose within the limits of the
project unless it is Labor performed by convicts who are on parole, .
supervised release, or probation.
II. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
1. Equal Employment Opportunity: Equal employment opportunity
(EEO) requirements nor to discriminate and to cake affirmative action to
assure equal employment opportunity as sec forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and
orders of the Secretary of Labor as modified by the provisions
prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
constitute the EEO and specific affirmative action standards for the
contractor's project activities under this contract. The Equal
Opportunity Construction Contract Specifications sec forth under 41 CFR
60 -4.3 and the provisions of the American Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) Set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The Contractor will work with the State highway agency (SHA)
and the Federal Government in carrying out EEO obligations and in their
review of his /her activities under the contract.
Form FHdA 1273- (Rev.12 -93) Page 2
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b. The Contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants are
employed, and that employees are treated during employment, without
regard to their race, religion, sex, color or national origin, age or
disability. Such action shall include: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship, preapprenticeship, and /or
on -the -job training."
2. EEO Officer: The Contractor will designate and make known to
the SETA contracting officers an EEO Officer who will have the
responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be assigned
adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the Contractor's
staff who are authorized to hire, supervise, promote and discharge
employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will
implement, the Contractor's EEO policy and contractual responsibilities
to provide EEO in each grade and classification of employment. To
insure that the above agreement will be met, the following actions will
be taken as a minimum'
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not Less
often than once every six months, at which time the Contractor's EEO
policy and its implementation will be reviewed and explained. The
meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering all major
aspects of the Contractor's EEO obligations within thirty days following
their reporting for duty with the Contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedure for locating and hiring minority group employees.
b. Notices and posters setting forth the contractor's EEO policy
will be placed in areas readily accessible to employees, applicants for
employment and potential employees.
e. The contractor's EEO policy and the procedures to implement
such policy will be brought to the attention of employees by means of
meetings, employee handbooks or other appropriate means.
4. Recruitment: When advertising for employees, the contractor
will include in all advertisements for employees the notation: "An
Equal- Opportunity EmpLoyer." All such advertisements will be placed in
Form FUWA 1273- (Rev.12 -93) Page 3
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publications having a large circulation among minority groups in the
area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through public and
private employee referral sources likely to yield qualified minority -
group applicants. To meet this requirement, the Contractor will
identify sources of potential minority group employees, and establish
with such identified sources procedures whereby minority group
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to observe
the provisions of that agreement to the extent that the system permits
the contractor's compliance with EEO contract provisions. (The DOL has
held that where implementation of such agreements have the effect of
discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as
amended.)
c. The Contractor will encourage his present employees to refer
minority group applicants-for employment. Information and procedures
with regard to referring minority group applicants will be discussed
with employees.
5. Personnel Actions: Wages, working conditions, and employee
benefits shall be established and administered, and personnel actions of
every type, including hiring, upgrading, promotion, transfer, demotion,
layoff, and termination, shall be taken without regard to race, color,
religion, sex, or national origin, age or disability. The following
procedures shall be followed:
a. The Contractor will conduct periodic inspections of project
sites Co insure that working conditions and employee facilities do not
indicate discriminatory treatment of project site personnel.
b. The Contractor will periodically evaluate the spread of wages
paid within each classification to determine any evidence of
discriminatory wage practices.
c. The Contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will promptly
take corrective action. If the review indicates that the discrimination
may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The Contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with his
obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination
c„_.., vIe,a 1771- (Rev.12 -93) Page 4
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may affect persons other than the complainant, such corrective action
shall include such other persons. Upon completion of each
investigation, the contractor will inform every complainant of all of
the avenues of appeal.
6. Training and Promotion:
a. The Contractor will assist in Locating, qualifying, and
increasing the skills of minority group and women employees, and
applicants for employment.
b. Consistent with the contractor's work force requirements and
as permissible under Federal and State regulations, the contractor shall
make full use of training programs, i.e., apprenticeship, and on- the -job
training programs for the geographical area of contract performance.
Where feasible, 25 percent of apprentices or trainees in each occupation
shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract,
this subparagraph sill be superseded as indicated in the special
provision.
c. The Contractor will advise employees and applicants for
employment of available training programs and entrance requirements for
each.
d. The Contractor will periodically review the training and
promotion potential of minority group and women employees and will
encourage eligible employees to apply for such training and promotion.
7. Unions: If the Contractor relies in whole or in part upon
unions as a source of employees, the contractor will use his/her best
efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to
effect referrals by such unions of minority and female employees.
Actions by the Contractor, either directly or through a contractor's
association acting as agent will include the procedures set forth below:
a. The Contractor will use best efforts to develop, in
cooperation with the unions, joint training programs aimed toward
qualifying more minority group members and women for membership in the
unions and increasing the skills of minority group employees and women
so that they may qualify for higher paying employment.
b. The Contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such unions will be
contractually bound to refer applicants without regard to their race,
color, religion, sex, national origin, age or disability.
c. The Contractor is to obtain information as
practices and policies of the Labor union except that
information is within the exclusive possession of the
such Labor union refuses to furnish such information
the contractor shall so certify to the SRA and shall
efforts have been made to obtain such information.
Form FHUA 1273- (Rev.12 -93)
to the referral
to the extent such
Labor union and
to the contractor,
set forth what
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d. In the event the union is unable to provide the contractor
with a reasonable flow of minority and women referrals within the time
Limit set forth in the collective bargaining agreement, the Contractor
will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified and /or
qualifiable minority group persons and women. (The DOL has held that it
shall be no excuse that the union with which the contractor has a
collective bargaining agreement providing for exclusive referral failed
to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to
Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on the
grounds of race, color, religiion, sex, national origin, age or
disability in the selection and retention of subcontractors, including
procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his /her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and perform
subcontracts which the contractor enters into pursuant to this contract.
The contractor will use his best efforts to solicit bids from and to
utilize DBE subcontractors or subcontractors with meaningful minority
group and female representation among their employees. Contractors
shall obtain lists of DBE construction firms from SHA personnel.
c. The Contractor will use his best efforts to ensure
subcontractor compliance with their EEO obligations.
9. Records and Reports: The Contractor shall keep such records
as necessary to document compliance with che EEO requirements. Such
records shall be retained for a period of three years following
completion of the contract work and shall be available at reasonable
times and places for inspection by authorized representatives of the SHA
and the FHNA.
a. The records kept by the Contractor shall document the
following:
(1) The number of minority and non - minority group members and
women employed in each work classification on che project;
(2) The progress and efforts being made in cooperation with
unions, when applicable, to increase employment opportunities for
minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female employees; and
Form FHNA 1273- (Rev.12 -93) Page 6
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(4) The progress and efforts being made in securing the services
of DBE subcontractors or subcontractors with meaningful minority and
Female representation among their employees.
b. The contractors will submit an annual report to the SHA each
July Eor the duration of the project, indicating the number of minority,
women, and non - minority group employees currently engaged in each work
classification required by the contract work. This information is to be
reported on For FHWA -1391. If on -the - job training is being required by
special provision, the Contractor will be required to collect and report
training data.
III. NONSEGREGATED FACILITIES
(Applicable to all Federal - aid construction contracts and related
subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply agreement or
purchase order, as appropriate, the bidder, Federal -aid construction
contractor, subcontractor, material supplier, or vendor, as appropriate,
certifies that the firm does not maintain or provide for its
establishments, and that the firm does not permit its employees to
perform their services at any Location, under its control, where
segregated facilities are maintained. The firm agrees that a breach of
this certification is a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied
access to adequate facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated
facilities" means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, timeclocks, Locker rooms,
and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregated on the basis of race, color,
religion, or national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled when
the demands for accessibility override (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of material
supply agreements of $10,000 or more and that it will retain such
certifications in its files.
IV. PAYMENT OF PREDETERMINED HINIMUM WAGE
(Applicable to all Federal - aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects Located on
roadways classified as Local roads or rural minor collectors, which are
exempt.)
Form FHWA 1273- (Rev.12 -93) Page 7
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L. General:
a. All mechanics and Laborers employed or working upon the site
of the work will be paid unconditionally and not Less often than once a
week and without subsequent deduction or rebate on any account {except
such payroll deductions as are permitted by regulations (29 CFR 3)
issued by the Secretary of Labor under the Copeland Act (40 U.S.C.
276c)} the full amounts of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment. The payment shall be
computed at wage rates not Less than those contained in the wage
determination of the Secretary of Labor (hereinafter "the wage
determination ") which is attached hereto and made a part hereof,
regardless of any contractural relationship which may be alleged to
exist between the contractor or its subcontractors and such Laborers and
mechanics. The wage determination (including any additional
classifications and wage rates conformed under paragraph 2 of this
Section IV and the DOL poster (WH - 1321) Or Form MA-1495) shall be
posted at all times by the contractor and its subcontractors at the site
of the work in a prominent and accessible place where it can be easily
seen by the workers. For the purpose of this Section, contributions
made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of
laborers or mechanics are considered wages paid to such Laborers or
mechanics, subject to the provisions of Section IV, paragraph 3b,
hereof. Also, for the purpose of this Section, regular contributions
made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without
regard to skill, except as provided in paragraphs 4 and 5 of this
Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that the
employer's payroll records accurately set forth the time spent in each
classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by
reference in this contract.
2. Classification:
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not Listed
in the wage determination. shall be classified in conformance with the
wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the following
criteria have been met:
Page 8
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(1) the work to be performed by the additional classification
1 requested is not performed by a classification in the wage
determination;
(2) the additional classification is utilized in the area by the
1 construction industry;
(3) the proposed wage rate, including any bona fide fringe
1 benefits, bears a reasonable relationship to the wage rates contained in
the wage determination; and
' (4) with respect to helpers as defined in Section IV.4c, when
such a classification prevails in the area in which the work is
performed. -
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the additional
classification or their representatives, and the contracting officer
agree on the 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 DOL,
Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, D.C. 20210. The Wage and Hour
- Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is
necessary.
d. In the event the contractor or subcontractors, as
appropriate, the Laborers or mechanics to be employed in the additional
classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting
officer, to the Wage and Hour Administrator for determination. Said
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day period
that additional time is necessary.
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV shall be
paid to all workers performing work in the additional classification
from the first day on which work is performed in the classification.
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3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for
a class of Laborers or mechanics includes a fringe benefit which is nor
expressed as an hourly rate, the contractor or subcontractors, as
appropriate, shall either pay the benefit as stated in the wage
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determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he /she may consider as
part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a
plan or program, provided, that the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of
the Davis -Bacon Act have been met. The Secretary of Labor may require
the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers):
a. Apprentices:
(1) Apprentices will be permitted to work at Less than the
predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona.fide apprenticeship
program registered with DOL, Employment and Training Administration,
Bureau of Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed in his /her
first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any employee listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate
Listed in the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site
in excess of the ratio permitted under the registered program shall be
paid not Less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman -Level hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed.
(3) Every apprentice must be paid at not Less than the rate
specified in the registered program for the apprentice's Level of
progress, expressed as a percentage of the journeyman -Level hourly race
specified in the applicable wage determination. Apprentices shall be
paid Fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not 'specify
fringe benefits, apprentices must be paid the full amount of fringe
Form FHWA L273- (Rev.12 -93) Page 10
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benefits Listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour Division
determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination.
(4) In the event the Bureau of Apprenticeship and Training, or a
State apprenticeship agency recognized by the Bureau, widthdraws
approval of an apprenticeship program, the contractor or subcontractor
will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the comparable work performed by
regular employees until an acceptable program is approved.
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the DOL, Employment and Training Administration.
(2) The ratio of trainees to journeyman -Level employees on the
job site shall not be greater than permitted under the plan approved by
the Employment and Training Administration. Any employee Listed on the
payroll at a trainee rate who is noc registered and participating in a
training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not Less than
the applicable wage rate on the wage determination for the work actually
performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his /her level of progress,
expressed as a percentage of the journeyman-level hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be
paid the full amount of fringe benefits Listed on the wage determination
unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding
journeyman -Level wage race on the wage determination which provides for
less than full fringe benefits for apprentices, in which case such
trainees shall receive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Administration
withdraws approval of a training program, the contractor or
subcontractor will no longer be permitted to utilize trainees at Less
than the applicable predetermined rate Eor the work performed until an
acceptable program is approved.
Form FHWA 1273- (Rev.12 -93) Page 11
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c. Helpers:
(1) Helpers will be permitted to work on a project if the helper
classification is specified on an applicable wage determination or is
approved pursuant to the conformance procedure set forth in Section
IV.2. Any worker listed on a payroll at a helper wage rate, who is not
a helper as defined above, shall be paid not less than the applicable
wage rate an the wage determination for the classification of work
actually performed.
5. Apprencices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid highway
construction programs are not subject to the requirements of paragraph 4
of this Section IV. The straight time hourly wage rates for apprentices
and crainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeymen shall not
be greater than permitted by the terms of the particular program.
6. Withholding:
•
The SBA shall upon its own action or upon written request of an
authorized representative of the DOL withhold, or cause to be withheld,
from the contractor or subcontractor under this contract or any other
Federal contract with the same prime contractor, or any other Federally
assisted contract subject to Davis -Bacon prevailing wage requirements
which is held by the same prime contractor, as much of the accrued
payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the
site of the work, all or part of the wages required by the contract, the
SHA contracting officer may, after written notice to the contractor,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
have ceased.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of Laborers,
mechanics, watchmen, or guards (including apprentices and trainees, and
helpers described in paragraphs 4 and 5 above) shall require or permit
any Laborer, mechanic, watchman, or guard in any workweek in which
he /she is employed on such work, to work in excess of 40 hours in such
workweek unless such Laborer, mechanic, watchman, or guard receives
compensation at a rate not Less than one- and - one - half times his /her
basic rate of pay for all hours worked in excess of 40 hours in such
workweek.
Form FHWA 1273- (Rev.12 -93) Page 12
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8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of
any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable to
the affected employee for his /her unpaid wages. In addition, such
contractor and subcontractor 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 District or to such territory). Such liquidated
damages shall be computed with respect to each individual laborer,
mechanic, watchman, or guard employed in violation of the clause set
forth in paragraph 7, in the sum of $10 for each calendar day on which
such employee was required or permitted to work in excess of the
standard work week of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph 7.
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be withheld,
from any monies payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract
with the same prime contractor, or any other Federally assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located on
roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR Part 3): The
contractor shall comply with the Copeland Regulations of the Secretary
of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the course of
the work and preserved for a period of 3 years from the date of
completion of the contract for all Laborers, mechanics, apprentices,
trainees, watchmen, helpers, and guards working at the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits' or cash
equivalents thereof of the types described in Section 1(b)(2)(8) of the
Form FHWA 1273-(Rev.12 -93) Page 13
Davis -Bacon Act); daily and weekly number of hours worked; deductions
made; and actual wages paid. In addition, for Appalachian contracts,
the payroll records shall contain a notation indicating whether the
employee does, or does not, normally reside in the labor area as defined
in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant
to Section IV, paragraph 3b, has found that the wages of any Laborer or
mechanic include the amount of any costs reasonably anticipated
providing benefits under a plan or program described in Section 1
(b)(2)(B) of the Davis -Bacon Act, the contractor and each subcontractor
shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, that the plan or program has been communicated in writing
to the laborers or mechanics affected, and show the cost anticipated or
the actual cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprentices and
trainees, and ratios and wage rates prescribed in the applicable
programs.
c. Each contractor and subcontractor shall furnish, each week in
which any contract work is performed, to the SHA resident engineer a
payroll of wages paid each of its employees (including apprentices,
trainees, and helpers, described in Section IV, paragraphs 4 and 5 and
watchmen and guards engaged on work during the preceding weekly payroll
period). The payroll submitted shall set out accurately and completely
all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal stock number 029- 005 -0014
1), U.S. Government Printing Office, Washington, D.C. 20402. The prime
contractor is responsible for the submission of copies of payrolls by
all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement
of Compliance," signed by the contractor or subcontractor or his /her
agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following:
(L) that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this Section
V and that such information is correct and complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not Less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
Form FHWA 1273- (Rev.L2 -93) Page 14
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e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form NH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under -18 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records
required under paragraph 2b of this Section V available for inspection,
copying, or transcription by authorized representatives of the SHA, the
FHWA, or the DOL, and shall permit such 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 SHA, the FHWA, the DOL, or all may, after written notice
to the contractor, sponsor, applicant, or.owner, take such actions as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES AND LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on a
force account or direct labor basis, highway beautification contracts,
and contracts for which the total final construction cost Eor roadway
and bridge is Less than $1,000,000 (23 CFR Part 635) the contractor
shall:
a. Become familiar with the List of specific materials and
supplies contained in Form FHWA -47, "Statement of Materials and Labor
Used by Contractor of Highway Construction Involving Federal Funds,"
prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of the
quantities of chose specific materials and supplies Listed on Form FHWA-
47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA -47 together with the data required in
paragraph lb relative to materials and supplies, a final Labor summary
of all contract work indicating the total hours worked and Che total
amount earned.
2. At the prime contractors option, either a single report
covering all contract work or separate reports for the contractor and
for each subcontract shall be submitted.
Form FHWA 1273- (Rev.12 -93) Page 15
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization
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 designated by the State.
Specialty items may be performed by subcontract and the amount -f any
such specialty items performed may be deducted from the total original
contract price before computing the amount of work required to be
performed by the contractor's on organization (23 CFR Part 635).
a. Its own organization" shall be construed to include only
workers employed and paid directly by the prime contractor and equipment
owned or rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a subcontractor,
assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or equipment not
ordinarily available in the type of contracting organizations qualified
and expected to bid on the contract as a whole and in general are to be
limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in
paragraph 1 of this Section VII is computed includes the cost of
material and manufactured products which are to be purchased or produced
by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements,
and is in charge of all construction operations (regardless of who
performs the work) and (b) such other of its on organizational
resources (supervision, management, and engineering services) as the SHA
contracting officer determines is necessary to assure the performance of
the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the SHA
contracting officer, or authorized representative, and such 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 SHA has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
VIII. SAFETY: ACCIDENT PEVENTION
1. In the performance of this contract the contractor shall
comply with aLL applicable Federal, State, and Local laws governing
safety, health, and sanitation (23 CFR Part 635). The contractor shall
provide all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the SHA contracting
Form FHUA 1273- (Rev.12 -93) Page 16
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officer may determine, to be reasonably necessary to protect the Life
and health of employees on the job and the safety of the public and to
protect property in connection with the performance of the work covered
by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into-pursuant
to this contract, that the contractor and any subcontractor shall not
permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous or
dangerous to his /her health or safety, as determined under construction
safety and health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.0 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative thereof, shall
have right of entry to any site of contract performance to inspect or
investigate the matter of compliance with the construction safety and
health standards and to carry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high degree of
reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects, it
is essential that all persons concerned with the project perform their
functions as carefully, thoroughly, and honestly as possible. Willful
Falsification, distortion, or misrepresentation with respect to any
facts related to the project is a violation of Federal Law. To prevent
any misunderstanding regarding the seriousness of these and similar
acts, the following notice shall be posted on each Federal -aid highway
project (23 CFR Parc 635) in one or more places where it is readily
available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States,
or any State or Territory, or whoever, whether a person, association,
firm, or corporation, knowingly makes any false statement, false
representation, or false report as to the character, quality, quantity,
or cost of the material used or to be used, or the quantity or quality
of the work performed or to be performed, or the costs thereof in
connection with the submission of plans, maps, specifications,
contracts, or costs of construction on any highway or related project
submitted Eor approval to the Secretary of Transportation; or
Form FHWA 1273- (Rev.12 -93) Page 17
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Whoever knowingly makes any false statement, false representation,
false report or false claim with respect to the character, quality,
quantity, or cost of any work performed or to be performed, or materials
furnished or to be furnished, in connection with the construction of any
highway or related project approved by the Secretary of Transportation;
or
Whoever knowingly makes any false statement or false representation
as to material fact in any statement, certificate, or report submitted
pursuant to provisions of the Federal -aid Roads Act approved July 1,
1916, (39 Stat. 355), as amended and supplemented;
Shall be fined not more than $10,000 or imprisoned not more than 5
years, or both."
X. IHPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid, or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any facility that is or will be utilized in the
performance of this contract, unless such contract is exempt under the
Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by
Pub. L. 92 -604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251, et seq., as amended by Pub. L. 92 -500),
Executive Order 11738, and regulations in implementation thereof (40 CFR
15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating Facilities
pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and Section 308
of the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
3. That the firm shall promptly notify the SNA of the receipt of
any communication from the Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be utilized for the contract
is under consideration to be listed on the EPA List of Violating
Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraphs 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as' the
government may direct as a means of enforcing such requirements.
Form FHWA 1273- (Rev.12 - 93) Page 18
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SUSPENSION, INELIGIBILITY AND
XI. CERTIFICATION REGARDING DEBARMENT,
VOLUNTARY EXCLUSION
1. Instructions for Certification - Primary Covered
Transactions: (Applicable to all Federal - aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set
out below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause of default.
d. The prospective primary participant shall provide immediate
written notice to the department or agency to whom this proposal is
submitted if at any time the prospective primary participant learns that
its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the department or agency to which this proposal
is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any Lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
' transaction.
g. The prospective primary participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," provided by the
Form FHWA 1273- (Rev.12 -93) Page 19
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department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or—
voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the nonprocurement
portion of the "Lists of Parties Excluded From Federal Procurement of
Nonprocurement Programs" (Nonprocurement List) which is compiled by the
General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
j. Except for transactions authorized under paragraph f of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause or default.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion- Primary Covered Transactions
1. The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal been
convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or Local) with
commission of any of the offenses enumerated in paragraph Lb of this
certification; and
Form FHWA 1273- (Rev.12 - 93) Page 20
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d. Have not within a 3 -year period preceding this
application /proposal had one or more public transactions (Federal, State
or Local) terminated for cause or default.
2. Where the prospective primary participant is unable to
certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal. --
2. Instructions for Certification -Lower Tier Covered
Transactions: (Applicable to all subcontracts, purchase orders and
other Lower tier transactions of $25,000 or more-49 CFR 29)
a. By signing and submitting this proposal, the prospective
Lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns
that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant," "person,"
"principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
e. The prospective Lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be entered
into, is shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared
ineligible, or voluntaily excluded from participation in this covered
transaction, unless authorized by the department or agency with which
this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause tided
"Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
Form FHWA 1273- (Rev.12 - 93) Page 21
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g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocuremenc
List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in good
Faith the certification required by this clause. The knowledge and
information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph e of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and /or
debarment.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered
Transactions
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $100,000 or more -49 CFR 20)
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
Form RNA 1273- (Rev.12 - 93) Page 22
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a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, 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 the awarding of any Federal
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 Farm 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. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S. 1352. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
3. The prospective participant also agrees by submitting his or
bet bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such recipients shall certify and disclose
accordingly.
Form FHWA 1273- (Rev.12 -93) Page 23
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WAGE RATE
Texas
Decision No. TX99-43
The wage rates are hereinafter listed are those predetermined by the Secretary of Labor
to be the minimum wages to be paid workers on this project.
Index No. Per Hour Craft
100 8.08 Air Tool Operator
103 11.00 Asphalt Heater Operator
106 8.00 Asphalt Raker
109 7.97 Asphalt Shoveler
112 11.00 Batching Plant Weigher
118 10.80 Carpenter, Rough
124 9.57 Concrete Finisher (Paving)
130 8.83 Concrete Finisher (Structures)
136 8.52 Concrete Rubber
139 16.25 Electrician
150 6.86 Flagger
151 8.77 Form Builder (Structures)
157 8.00 Form Liner (Paving & Curb)
160 8.68 Form Setter (Paving & Curb)
166 8.73 Form Setter (Structures)
172 7.12 Laborer, Common
175 7.99 Laborer, Utility
187 12.15 Mechanic
193 11.40 Oiler
194 8.44 Servicer
196 10.00 Painter (Structures)
205 8.27 Pipe Layer
Power Equipment Operators:
300 9.70 Asphalt Distributor
303 9.26 Asphalt Paving Machine
305 7.12 Broom or Sweeper Operator
306 9.28 Bulldozer
315 7.79 Concrete Paving Curing Machine
318 11.00 Concrete Paving Finishing Machine
333 9.79 Concrete Paving Saw
341 11.15 Slipform Machine Operator
342 10.12 Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel
363 15.00 Foundation Drill Operator, Truck Mounted
369 8.86 Front End Loader
375 10.81 Hoist (Double Drum & Less)
381 7.12 Mixer
387 11.00 Mixer (Concrete Paving)
1 -3 TX99-43
3 -12 -99
390 12.37 Motor Grader Operator Fine Grade
393 11.14 Motor Grader Operator
396 8.31 Pavement Marking Machine
397 15.75 Planer Operator
402 7.73 Roller, Steel Wheel (Plant -Mix Pavements)
405 7.33 Roller, Steel Wheel (Other -Flat -Wheel or Tamping)
408 7.17 Roller, Pneumatic, Self- Propelled
411 8.38 Scrapers
422 9.40 Tractor (Crawler Type)
434 7.92 Traveling Mixer
440 9.92 Trenching Machine, Heavy
443 8.00 Wagon Drill, Boring Machine or Post Hole Driller
Operator
500 14.50 Reinforcing Steel Setter (Paving)
503 10.61 Reinforcing Steel Setter (Structures)
509 11.73 Steel Worker (Structural)
515 8.55 Spreader Box Operator
520 8.29 Work Zone Barricade Servicer
522 7.97 Permanent Ground Mounted Sign Installer
Truck Drivers:
600 8.32 Single Axle, Light
603 7.954 Single Axle, Heavy
606 8.02 Tandem Axle or Semitrailer
609 10.12 Lowboy -Float
706 11.02
Welder
2 -3 TX99 -43
3 -12 -99
Interval
Apprentice Schedule
Period and Rate*
Power Equipment Operators: 1000 Hrs 1st 2nd 3rd 4th 5th 6th 7th 8th
Heavy Duty Mechanic " 70 72 -1/2 75 77 -1/2 80 85 90 95
Boom Equipment It 70 75 80 85 90 95
Motor Grader " 70 75 80 85 90 95
Tractor & Scrapers,
Pneumatic and Crawler " 70 75 80 85 90 95
* The apprentice rate is by percentage of the journeyman's rate.
This is a "Public Works" Project, as defined in House Bill No. 54 of the 43rd
Legislature of the State of Texas and House Bill No. 115 of the 44th Legislature
of the State of Texas, and as such is subject to the provisions of said House
Bills.
This contract is subject to the Work Hours Act of 1962, PL -87 -581 and
implementing regulations.
No provisions herein are intended to be in conflict with the above acts.
Any worker employed on this project shall be paid at the rate of one and one half
(1 -1/2) times the regular rate for every hour worked in excess of forty (40 )
hours per week.
Legal holiday work shall be paid for at the regular governing per diem wage
rates.
THE FOLLOWING LISTED COUNTIES ARE IN THE TX99 -43 AREA:
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
3 -3 TX99 -43
3 -12 -99
1993 Specifications
SPECIAL PROVISION
STANDARD FEDERAL EQUAL EMPLOYMENT
OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area means the geographical area described in the
solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs, United States. Department of Labor, or any person to
whom the Director delegates authority;
c. "Employer identification number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black
African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish Culture or
origin, regardless of race);
(iii) 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
(iv) 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).
2. Whenever the Contractor, or any Subcontractor at any tier, sub-
contracts a portion of the work involving any construction trade, it
shall 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.
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) shall 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
1 -6
000 -- -001
3 -93
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 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.
4. The Contractor shall implement the specific affirmative action
standards provided in paragraphs 7a through p of these specifica-
tions. The goals set forth in the solicitation from which this
contract resulted are 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 construc-
tion 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 shall 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 Contractor is expected to make substantially uniform
progress toward its goals in each craft during the period specified.
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 shall
excuse the Contractor's obligations under these specifications,
Executive Order 11246, or the regulations promulgated pursuant
thereto.
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.
7. The Contractor shall take specific affirmative actions to ensure
equal employment opportunity. The evaluation of the Contractor's
compliance with these specifications shall be based upon its effort
to achieve maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities
2 -6
000 -- -001
3 -93
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 shall
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.
b. 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.
c. 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 shall be documented in the file with the reason
therefor, along with whatever additional actions the Contractor
may have taken.
d. 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.
e. 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 shall provide notice of these programs to
the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by
the policy to unions and training programs
cooperation in assisting the Contractor in
obligations; by including it in any policy
bargaining agreement; by publicizing it in
annual report, etc.; by specific review of
management personnel and with all minority
3 -6
providing notice of
and requesting their
meeting its EEO
manual and collective
the company newspaper,
the policy with all
and female employees
000 -- -001
3 -93
9 -
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.
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 employment decisions including
specific review of these items with onsite supervisory personnel
such as Superintendents, General Foremen, etc., prior to the
initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
h. 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 notifica-
tion to and discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contractor does or
anticipates doing business.
i. 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 .
prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such
as the above, describing the openings, screening procedures, and
tests to be used in the selection process.
Encourage 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.
k. Validate all tests and other selection requirements where there
is an obligation to do so under 41 CFR Part 60 -3.
1. 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.
m. Ensure that seniority practices, job classifications, work
assignments and other personnel practices, do not have a
discriminatory effect by continually monitoring all personnel
4 -6 000 -- -001
3 -93
n. Ensure that all facilities and company activities are non-
segregated except that separate or single -user toilet and
necessary changing facilities shall be provided to assure privacy
between the sexes.
o. 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.
p•
and employment related activities to ensure that the EEO policy
and the Contractor's obligations under these specifications are
being carried out.
Conduct a review, at least annually, of all supervisors'
adherence to and performance under the Contractor's EEO poli-
cies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations
which assist in fulfilling one or more of their affirmative action
obligations (7a through p). 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 7a through p
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 par-
ticipation, 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 to fulfill an obligation shall not be a
defense for the Contractor's noncompliance.
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 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).
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.
5 -6 000 - - -001
3 -93
11. The Contractor shall not enter into any Subcontract with any per-
son or firm debarred from Government contracts pursuant to Executive
Order 11246.
12. The Contractor shall 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 regula-
tions, by the Office of Federal Contract Compliance Programs. Any
contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246,
as amended.
13. The Contractor, in fulfilling its obligations under these
specifications, shall 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
shall proceed in accordance with 41 CFR 60 -4.8.
14. The Contractor shall 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 shall 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 shall 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.
15. Nothing herein provided shall 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).
16. In addition to the reporting requirements set forth elsewhere in
this contract, the Contractor and the subcontractors holding sub-
contracts, not including material suppliers, of $10,000 or more,
shall submit for every month of July during which work is per-
formed, employment data as contained under Form PR 1391 (Appendix C
to 23 CFR, Part 230), and in accordance with the instructions
included thereon.
6 -6 000 -- -001
3 -93
1993 Specifications
SPECIAL PROVISION
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
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 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
specifed by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U. S. Department of Labor.
1 -1
000 -- -003
3 -93
1993 Specifications
SPECIAL PROVISION
NOTICE TO ALL BIDDERS
To report bid rigging activities call:
1 -800- 424 -9071
The U.S. Department of Transportation (DOT) operates the above toll -free
"hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time.
Anyone with knowledge of possible bid rigging, bidder collusion, or
other fraudulent activities should use the "hotline" to report such
activities.
The "hotline' is part of the DOT's continuing effort to identify and
investigate highway construction contract fraud and abuse and is
operated under the direction of the DOT Inspector General. All
information will be treated confidentially and caller anonymity will be
respected.
1
000 - - -482
9 -94
1
1
1
1. GENERAL
1
1
2. GOALS
a. Goals for minority and female participation are hereby
established in accordance with 41 CFR 60 -4.
1
1
1
1
1
1
1
1
1
1
1
1
1993 Specifications
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
In 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.
b. 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 in
each trade (per-
cent)
SPECIAL PROVISION
Goals for female
participation in
each trade (per-
cent)
See Table 1 6.9
c. 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 shall 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 shall be based on its imple-
mentation 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
shall make a good faith effort to employ minorities and women
evenly on each of its projects. The transfer of minority and
1 -5 000 - -1981
9 -97
d.
5. REPORTS
female employees or trainees from Contractor to Contractor or
from project to project for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract, the
Executive Order and the regulations in 41 CFR Part 60 -4.
Compliance with the goals will be measured against the total work
hours performed.
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 par-
ticipating 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 and 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 shall 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 shall list the names,
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.
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.
2 -5 000- -1981
9 -97
TABLE 1
Goals for Minority Goals for Minority
County - Participation County Participation
Anderson 22.5 Concho 20.0
Andrews 18.9 Cooke 17.2
Angelina 22.5 Coryell 16.4
Aransas 44.2 Cottle 11.0
Archer 11.0 Crane 18.9
Armstrong 11.0 Crockett 20.0
Atascosa 49.4 Crosby 19.5
Austin 27.4 Culberaon 49.0
Bailey 19.5 Dallam 11.0
Bandera 49.4 Dallas 18.2
Bastrop 24.2 Dawson 19.5
Baylor 11.0 Deaf Smith 11.0
Bee 44.2 Delta 17.2
Bell 16.4 Denton 18.2
Bexar 47.8 DeWitt 27.4
Blanco 24.2 Dickens 19.5
Borden 19.5 Dimmit 49.4
Bosque 18.6 Donley 11.0
Bowie 19.7 Duval 44.2
Brazoria 27.3 Eastland 10.9
Bdazos 23.7 Ector 15.1
Brewster 49.0 Edwards 49.4
Briscoe 11.0 Ellis 18.2
Brooks 44.2 El Paso 57.8
Brown 10.9 Erath 17.2
Burleson 27.4 Falls 18.6
Burnet 24.2 Fannin 17.2
Caldwell 24.2 Fayette 27.4
Calhoun 27.4 Fisher 10.9
Callahan 11.6 Floyd 19.5
Cameron 71.0 Foard 11.0
Camp 20.2 Fort Bend 27.3
Carson 11.0 Franklin 17.2
Cass 20.2 Freestone 18.6
Castro 11.0 Frio 49.4
Chambers 27.4 Gaines 19.5
Cherokee 22.5 Galveston 28.9
Childress 11.0 Garza 19.5
Clay 12.4 Gillespie 49.4
Cochran 19.5 Glasscock 18.9
Coke 20.0 Goliad 27.4
Coleman 10.9 Gonzales 49.4
Collin 18.2 Gray 11.0
Collingsworth 11.0 Grayson 9.4
Colorado 27.4 Gregg 22.8
Corral 47.8 Grimes 27.4
Comanche 10.9 Guadalupe 47.8
3 -5
000 - -1981
9 -97
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
County
Goals for Minority
Participation
Goals for Minority
County Participation
Hale 19.5 Lavaca 27.4
Hall 11.0 Lee 24.2
Hamilton 18.6 Leon 27.4
Hansford 11.0 Liberty 27.3
Hardeman 11.0 Limestone 18.6
Hardin 22.6 Lipscomb 11.0
Harris 27.3 Live Oak 44.2
Harrison 22.8 Llano 24.2
Hartley 11.0 Loving 18.9
Haskell 10.9 Lubbock 19.6
Hays 24.1 Lynn 19.5
Hemphill 11.0 Madison 27.4
Henderson 22.5 Marion 22.5
Hidalgo 72.8 Martin 18.9
Hill 18.6 Mason 20.0
Hockley 19.5 Matagorda 27.4
Hood 18.2 Maverick 49.4
Hopkins 17.2 McCulloch 20.0
Houston 22.5 McLennan 20.7
Howard 18.9 McMullen 49.4
Hudspeth 49.0 Medina 49.4
Hunt 17.2 Menard 20.0
Hutchinson 11.0 Midland 19.1
Irion 20.0 Milam 18.6
Jack 17.2 Mills 18.6
Jackson 27.4 Mitchell 10.9
Jasper 22.6 Montague 17.2
Jeff Davis 49.0 Montgomery 27.3
Jefferson 22.6 Moore 11.0
Jim Hogg 49.4 Morris 20.2
Jim Wells 44.2 Motley 19.5
Johnson 18.2 Nacogdoches 22.5
Jones 11.6 Navarro 17.2
Karnes 49.4 Newton 22.6
Kaufman 18.2 Nolan 10.9
Kendall 49.4 Nueces 41.7
Kenedy 44.2 Ochiltree 11.0
Kent 10.9 Oldham 11.0
Kerr 49.4 Orange 22.6
Kimble 20.0 Palo Pinto 17.2
King 19.5 Panola 22.5
Kinney 49.4 Parker 18.2
Kleberg 44.2 Parker 11.0
Knox 10.9 Pecos 18.9
Lamar 20.2 Polk 27.4
Lamb 19.5 Potter 9.3
Lampasas 18.6 Presidio 49.0
LaSalle 49.4 Rains 17.2
4 -5
000 - -1981
9 -97
Goals for Minority Goals for Minority
County Participation County Participation
Randall 9.3 Webb 87.3
Reagan 20.0 Wharton 27.4
Real 49.4 Wheeler 11.0
Red River 20.2 Wichita 12.4
Reeves 18.9 Wilbarger 11.0
Refugio 44.2 Willacy 72.9
Roberts 11.0 Williamson 24.1
Robertson 27.4 Wilson 49.4
Rockwall 18.2 Winkler 18.9
Runnels 20.0 Wise 18.2
Rusk 22.5 Wood 22.5
Sabine 22.6 Yoakum 19.5
San Augustine 22.5 Young 11.0
San Jacinto 27.4 Zapata 49.4
San Patricio 41.7 Zavala 49.4
San Saba 20.0
Schleicher 20.0
Scurry 10.9
Shackelford 10.9
Shelby 22.5
Sherman 11.0
Smith 23.5
Somervell 17.2
Starr 72.9
Stephens 10.9
Sterling 20.0
Stonewall 10.9
Sutton 20.0
Swisher 11.0
Tarrant 18.2
Taylor 11.6
Terrell 20.0
Terry 19.5
Throckmorton 10.9
Titus 20.2
Tom Green 19.2
Travis 24.1
Trinity 27.4
Tyler 22.6
Upshur 22.5
Upton 18.9
Uvalde 49.4
Val Verde 49.4
Van Zandt 17.2
Victoria 27.4
Walker 27.4
Waller 27.3
Ward 18.9
Washington 27.4
5 -5 000- -1981
9 -97
1993 Specifications
SPECIAL PROVISION
SCHEDULE OF LIQUIDATED DAMAGES
For Amount Amount of
of Contract Liquidated
From More To and Damages Per
Than Including Working Day
$ 0 $ 100,000 $ 350
100,000 500,000 450
500,000 1,000,000 650
1,000,000 2,000,000 750
2,000,000 5,000,000 1,000
5,000,000 10,000,000 1,350
10,000,000 15,000,000 1,800
15,000,000 20,000,000 2,200
20,000,000 Over 20,000,000 2,700
1 -1
000 - - 2047
11 -97
1993 Specifications
SPECIAL PROVISION
DISADVANTAGED BUSINESS ENTERPRISE
IN FEDERAL -AID CONSTRUCTION
The purpose of this Special Provision is to carry out the
U. S. Department of Transportation's (DOT) policy of ensuring
nondiscrimination in the award and administration of DOT assisted
contracts and creating a level playing field on which firms owned and
controlled by minority or socially and economically disadvantaged
individuals can compete fairly for DOT assisted contracts. If the
Disadvantaged Business Enterprise (DBE) goal is greater than zero,
Article A, "Disadvantaged Business Enterprise in Federal -Aid
Construction ", of this Special Provision shall apply to this contract.
If there is no DBE goal, Article B, "Race- Neutral DBE Participation ", of
this Special Provision shall apply to this contract. The percentage
goal for DBE participation in the work to be performed under this
contract will be shown on Form DBE contained in the proposal.
ARTICLE A. Disadvantaged Business Enterprise in Federal -Aid
Construction.
1 POLICY. It is the policy of the DOT and the Texas Department of
Transportation (henceforth the "Department ") that DBEs, as defined
in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall
have the opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds. Consequently, the
DBE requirements of 49 CFR Part 26, and the Department's DBE
Program, apply to this contract as follows:
a. The Contractor will offer DBEs, as defined in 49 CFR Part 26,
Subpart A and the Department's DBE Program, the opportunity to
compete fairly for contracts and subcontracts financed in whole
or in part with Federal funds. In this regard, the Contractor
shall make a good faith effort to meet the DBE goal for this
contract.
b. The Contractor and any subcontractors shall not discriminate on
the basis of race, color, national origin or sex in the
performance of this contract. The Contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts.
c. The requirements of this Special Provision shall be physically
included in any subcontract.
d. After a conditional award is made to the low bidder, the
Department will determine the adequacy of a Contractor's efforts
to meet the contract goal, within ten (10) working days from
000- -2458
7 -99
e. A person or firm may file a written complaint regarding a
violation of this Special Provision, including discrimination.
The complaint must be filed, with the Director of the
Construction Division, within ninety (90) days of an alleged
discrimination or a violation of this Special Provision or after
the date on which a continuing course of conduct in violation of
this Special Provision was discovered.
2. DEFINITIONS.
receipt of the information outlined in this Special Provision
under Subarticle 3, "Contractor's Responsibilities ". If the
requirements of Subarticle 3 are met, the conditional situation
will be removed and the contract will be forwarded to the
Contractor for execution.
a. "Department" means the Texas Department of Transportation.
b. "Federal -Aid Contract" is any contract between the Texas
Department of Transportation and a Contractor which is paid for
in whole or in part with DOT financial assistance.
c. "DBE Joint Venture" means an association of a DBE firm and one
(1) or more other firm(s) 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 share in the capital
contribution, control, management, risks, and profits of the
joint venture are commensurate with its ownership interest.
d. "Disadvantaged Business Enterprise" or "DBE" means a firm
certified as such by the Department in accordance with 49 CFR
Part 26.
e. "Good Faith Effort" means efforts to achieve a DBE goal or other
requirement of this Special Provision which, by their scope,
intensity, and appropriateness to the objective, can reasonably
be expected to fulfill the program requirement.
f. "Manufacturing Material Supplier" is a firm that operates or
maintains a factory or establishment that produces or
significantly alters on the premises the materials, supplies,
articles, or equipment required under the contract and of the
general character described by the specifications. Brokers,
packagers, manufacturers' representatives or other persons who
arrange or expedite transactions shall not be regarded as
manufacturers.
g. "Regular Dealer" is a firm that owns, operates, or maintains a
st -ore, 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
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are bought, kept in stock, and regularly sold or leased to the
public in the usual course of business. To be a regular dealer,
the firm must be an established, regular business that engages
in, as its principal business and under its own name, the
purchase and sale or lease of the products in question.
A regular dealer in such bulk items as steel, cement, gravel,
stone, and petroleum products need not keep such products in
stock if it owns and operates distribution equipment for the
products. Any supplementing of regular dealers own distribution
equipment shall be by a long -term lease agreement and not on an
adhoc or contract -by- contract basis. Brokers, packagers,
manufacturers' representatives, or other persons who arrange or
expedite transactions shall not be regarded as a regular
dealer.
h "Broker" is an intermediary or middleman that does not take
possession of a commodity or act as a regular dealer selling to
the public.
i. "Race- neutral DBE Participation" means any participation by a
DBE through customary competitive procurement procedures.
3. CONTRACTOR'S RESPONSIBILITIES. These requirements must be satisfied
by the Contractor.
a. After conditional award of the contract, the Contractor shall
submit a completed Form No.SMS.4901, "DBE Commitment Agreement"
for each DBE he /she intends to use to satisfy the DBE goal so as
to arrive in the Departments's Construction Division, Business
Opportunity Programs Section in Austin, Texas not later than
5:00 p.m. on the fourteenth (14th) day after the conditional
award of the contract. When requested, additional time, not to
exceed 15 days, may be granted based on documentation submitted
by the Contractor.
b. DBE prime Contractors may receive credit toward the DBE goal for
work performed by his /her own forces and work subcontracted to
DBEs. A DBE prime must make a good faith effort to meet the
goals. In the event a DBE prime subcontracts to a non -DBE, that
information must be reported on Form No. SMS.4902.
c. A Contractor who cannot meet the contract goal, in whole or in
part, shall document the good faith efforts taken to obtain DBE
participation. The following is a list of the types of action
that may be considered as good faith efforts. It is not
intended to be a mandatory checklist, nor is it intended to be
exclusive or exhaustive. Other factors or types of efforts may
be relevant in appropriate cases.
(1 ) Soliciting through all reasonable and available means the
interest of all certified DBEs who have the capability to
perform the work of the contract. The solicitation must be
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done within sufficient time to allow the DBEs to respond to
it. Appropriate steps must be taken to follow up initial
solicitations to determine, with certainty, if the DBEs are
interested.
(2) Selecting portions of the work to be performed by DBEs in
order to increase the likelihood that the DBE goals will be
achieved. This includes, where appropriate, breaking out
contract work items into economically feasible units to
facilitate DBE participation, even when the Contractor might
otherwise prefer to perform the work items with its own
forces.
(3) Providing interested DBEs with adequate information about
the plans, specifications, and requirements of the contract
in a timely manner to assist them in responding to a
solicitation.
(4) Negotiating in good faith with interested DBEs by making a
portion of the work available to DBE subcontractors and
suppliers and selecting those portions of the work or
material needs consistent with the available DBE
subcontractors and suppliers.
(5) The ability or desire of the Contractor to perform the work
of a contract with its own organization does not relieve the
Contractor's responsibility to make a good faith effort.
Additional costs involved in finding and using DBEs is not
in itself sufficient reason for a Contractor's failure to
meet the contract DBE goal, as long as such costs are
reasonable. Contractors are not, however, required to
accept higher quotes from DBEs if the price difference is
excessive or unreasonable.
(6) Not rejecting DBEs as being unqualified without sound
reasons based on a thorough investigation of their
capabilities.
(7) Making efforts to assist interested DBEs in obtaining
bonding, lines of credit, or insurance as required by the
recipient or Contractor.
(8) Making efforts to assist interested DBEs in obtaining
necessary equipment, supplies, materials or related
assistance or services.
(9) Effectively using the services of available minority /women
community organizations; minority /women Contractors' groups;
local, state, and Federal minority /women business assistance
offices; and other organizations as allowed on a case -by-
- case basis to provide assistance in the recruitment and
placement of DBEs.
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(10) If the Director of the Business Opportunity Programs Section
determines that the Contractor has failed to meet the good
faith effort requirements, the Contractor will be given an
opportunity for reconsideration by the Director of the
Construction Division.
d. Should the bidder to whom the contract is conditionally awarded
refuse, neglect or fail to meet the DBE goal or comply with good
faith effort requirements, the proposal guaranty filed with the
bid shall become the property of the state, not as a penalty,
but as liquidated damages to the Department.
e. The preceding information shall be submitted directly to the
Construction Division, Business Opportunity Programs Section,
Texas Department of Transportation, 125 E. llth Street, Austin,
Texas 78701 -2483.
f. The Contractor shall make all reasonable efforts to honor
commitments to DBE subcontractors named in the commitment
submitted under Subarticle 3. a. of this Special Provision.
Prior to terminating or removing a DBE subcontractor named in
the commitment, the Contractor must demonstrate to the
satisfaction of the Department that the originally designated
DBE was not able or willing to perform.
The Contractor shall also make a good faith effort to replace a
DBE subcontractor that is unable to perform successfully with
another DBE, to the extent needed to meet the contract goal.
The Contractor shall submit a completed Form No.4901, "DBE
Commitment Agreement ", for the substitute DBE firm(s).
Any substitution of DBEs shall be subject to approval by the
Department. Prior to approving the substitution, the Department
will request a statement from the DBE concerning it being
replaced.
5.
h. The Contractor shall designate a DBE liaison officer who will
administer the Contrator's DBE program and who will be
responsible for maintenance of records of efforts and contacts
made to subcontract with DBEs.
i. Contractors are encouraged to investigate the services offered
by banks owned and controlled by disadvantaged individuals and
to make use of these banks where feasible.
4. ELIGIBILITY OF DBEs.
a. The Department certifies the eligibility of DBEs, DBE joint
ventures and DBE truck -owner operators to perform DBE
subcontract work on DOT financially assisted contracts.
b. This certification will be accomplished through the use of the
appropriate certification schedule contained in this
Department's DBE Program.
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c. The Department publishes annually a Directory of Disadvantaged
Business Enterprises containing the names of firms that have
been certified to be eligible to participate as DBE's on DOT
financially assisted contracts. This Directory is available
from the Department's Construction Division, Business
Opportunity Programs Section. A monthly update of the Directory
can be found on the Internet at www.dot.state.tx.us /insdtdot/
orgchart /cmd /cserve /dbelst /.
d. Only DBE firms certified at the time commitments are submitted
are eligible to be used in the information furnished by the
Contractor as required under Subarticle 3. a. and 3. g. above.
For purposes of the DBE goal on this project, DBEs will only be
allowed to perform work in the categories of work for which they
are certified.
5. DETERMINATION OF DBE PARTICIPATION. DBE participation shall be
counted toward meeting the DBE goal in this contract in accordance
with the following:
a. Once a firm is determined to be an eligible DBE, the total
amount paid to the DBE for work performed with his /her own
forces is counted toward the DBE goal. When a DBE subcontracts
part of the work of its contract to another firm, the value of
the subcontracted work may be counted toward DBE goals only if
the subcontractor is itself a DBE. Work that a DBE subcontracts
to a non -DBE firm does not count toward DBE goals.
b. A Contractor may count toward its DBE goal contract fees paid to
disadvantaged truck owner - operators provided the following
requirements are met:
(1) The Contractor furnishes the Area Engineer the following
information on each owner - operator to be used:
(a) Name of owner - operator
(b) Social security number
(c) DBE vendor number
(2) The record of payments to each disadvantaged Truck Owner -
Operator, whether paid by the prime Contractor or one (1) of
his subcontractors, must be attached to the prime
Contractor's monthly report for the respective month to
receive credit toward the DBE goal.
c. 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.
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d. (1) A Contractor may count toward its DBE goal only expenditures
to DBEs that perform a commercially useful function in the
work of a contract or purchase order. A DBE is considered
to perform a commercially useful function 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. To perform a
commercially useful function, the DBE must also be
responsible, with respect to materials and supplies used on
the contract, for negotiating price, determining quality and
quantity, ordering the material, and installing (where
applicable) and paying for the material itself.
(2) Consistent with industry practices and the Department's DBE
Program, a DBE subcontractor may enter into second -tier
subcontracts, amounting to up to 70 percent of their
contract. Work subcontracted to a non -DBE does not count
towards DBE goals. Brokers and firms with brokerage -type
operations will only receive credit for their commission.
(3) A DBE trucking firm is considered to be performing a
commercially useful function when the DBE is responsible for
the management and supervision of the entire trucking
operation on a particular contract and the DBE itself owns
and operates at least one (1) fully licensed, insured, and
operational truck used on the contract.
(i) The Contractor receives credit for the total value of
the transporation services the DBE provides on a
contract using trucks it owns, insures, and operates
using drivers it employs.
(ii) The DBE may lease trucks from another DBE firm,
including certified disadvantaged truck owner- operators.
The Contractor receives credit for the total value of
- the transportation services provided by the lessee.
(iii) The DBE may lease trucks from a non -DBE, including
owner- operators; however, the Contractor may only
receive credit for the fee or commission the DBE
receives as a result of the lease agreement.
(iv) A lease must indicate that the DBE has exclusive use of
and control over the trucks giving the DBE absolute
priority for use of the leased trucks. Leased trucks
must display the name and identification number of the
DBE.
(4) When a DBE is presumed not to be performing a commercially
useful function, the DBE may present evidence to rebut this
- presumption.
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e. A Contractor may count toward its DBE goals expenditures for
materials and supplies obtained from DBE suppliers and
manufacturers, provided that the DBEs assume the actual and
contractural responsibility for the provision of the materials,
goods and services.
(1) The Contractor may count its entire expenditure to a DBE
manufacturing material supplier. In order to be considered
a manufacturing material supplier, a DBE must conform to the
definition given in Subarticle 2. f. of this Special
Provision. Should the DBE firm obtain the final product(s)
provided to the Contractor from a source other than its own
factory or establishment, then the DBE firm, for that case,
will not be considered to be a manufacturing material
supplier and its supply work will be credited toward the DBE
goal using an adjustment percentage no greater than that
used for a regular dealer.
(2) The Contractor may count 60 percent of its expenditures to a
DBE regular dealer. In order to be considered a regular
dealer, a DBE must conform to the definition given in
Subarticle 2. g. of this Special Provision.
f. A Contractor may count toward its DBE goal the following
expenditures to DBE firms that are not manufacturing material
suppliers or regular dealers, provided that the fee or
commission is determined by the Department to be reasonable and
not excessive as compared with fees customarily allowed for
similar services:
g.
(1) The fees or commissions charged by a DBE for providing a
bona fide service, such as professional, technical,
consultant, or managerial services, and assistance in the
procurement of materials, or supplies required for the
performance of the contract.
(2) The fees charged for delivery of materials and supplies
required on a job site (but not the cost of the materials
and supplies themselves) when the hauler, trucker, or
delivery service is not also the manufacturer of or a
regular dealer in the materials and supplies.
(3) The fees or commissions charged for providing any bonds or
insurance specifically required for the performance of the
contract.
If a Contractor chooses to assist a DBE firm, other than a
manufacturing material supplier or regular dealer, by assuring
payment for the materials to be placed in the DBE's work and
wants to receive credit toward the DBE goal for the cost of the
material, then the material supplier may invoice the DBE firm
and be paid by remittance from the DBE firm or the material
supplier may invoice the prime Contractor and the DBE firm
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jointly and be paid by the prime Contractor making remittance to
the DBE firm and the material supplier jointly. The DBE firm
must agree to the joint check arrangement. No credit will be
given toward the DBE goal for the cost of the DBE's required
materials paid by the prime Contractor directly to the material
supplier.
h. No credit will be given toward the DBE goal for the cost of
materials placed by a DBE firm or for the cost of equipment
leased or rented and used in the DBE firm's work when payment
for those costs is effected by making a deduction from the prime
Contractor's payment(s) to the DBE firm.
6. RECORDS AND REPORTS.
a. The Contractor shall submit monthly reports, after work begins,
on DBE payments to meet the DBE goal and for race - neutral
participation. The monthly report is to be sent to the Area
Engineer. These reports will be due within fifteen (15) days
after the end of a calendar month. These reports will be
required until all DBE subcontracting or material supply
activity is completed. Form No. SMS.4903, "DBE or HUB Monthly
Progress Report ", is to be used for monthly reporting. Form
No. SMS.4904, "DBE or HUB Final Report ", is to be used as a
final summary of DBE payments submitted upon completion of the
project. The original final report must be submitted to the
Construction Division, Business Opportunity Programs Section and
a copy must be submitted to the Area Engineer. These forms may
be obtained from the Department or may be reproduced by the
Contractor. The Department may verify the amounts being
reported as paid to DBEs by requesting copies of cancelled
checks paid to DBEs on a random basis. Cancelled checks and
invoices should reference the Department's project number.
b. DBE subcontractors and /or material suppliers should be
identified on the monthly report by Vendor Number, name, and the
amount of actual payment made to each during the monthly period.
Negative reports are required when no activity has occured in a
monthly period.
c. Monthly reports for Truck Owner- Operators should be in the form
of a list of Truck Owner- Operators paid that month, including
Vendor Number and the amount of payment made to each.
d. All such records must be retained for a period of three (3).
years following completion of the contract work, and shall be
available at reasonable times and places for inspection by
authorized representatives of the Department or the DOT.
e. Prior to receiving final payment, the Contractor shall submit
Form No. SMS.4904, "DBE or HUB Final Report ". If the DBE goal
requirment is not met, documentation supporting Good Faith
Efforts, as outlined in Subarticle 3. c. of this Special
Provision, must be submitted with the "DBE Final Report ".
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7 COMPLIANCE OF CONTRACTOR. To ensure that DBE requirements of this
DOT assisted contract are complied with, the Department will monitor
the Contractor's efforts to involve DBEs during the performance of
this contract. This will be accomplished by a review of monthly
reports submitted to the Area Engineer by the Contractor indicating
his progress in achieving the DBE contract goal, and by compliance
reviews conducted on the project site by the Department.
The Contractor shall receive credit toward the DBE goal based on
actual payments to the DBE subcontractor. The Contractor shall
notify the Area Engineer if he /she withholds or reduces payment to
any DBE subcontractor. The Contractor shall submit an affidavit
detailing the DBE subcontract payments prior to receiving final
payment for the contract.
Contractors' requests for substitutions of DBE subcontractors shall
be accompanied by a detailed explanation which should substantiate
the need for a substitution. The Contractor may not be allowed to
count work on those items being substituted toward the DBE goal
prior to approval of the substitution from the Department.
The Contractor's providing work crews and equipment to DBEs is
prohibited. The occasional formal leasing of a major piece of
equipment with or without operator by the prime Contractor to a DBE
will be considered on a case -by -case basis by the Department.
A Contractor's failure to comply with the requirements of this
Special Provision shall constitute a material breach of this
contract. In such a case, the Department 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, not as a penalty but as liquidated damages to the
Department or such other remedy or remedies as the Department deems
appropriate.
ARTICLE B. Race - Neutral Disadvantage Business Enterprise
Participation.
It is the policy of the DOT that Disadvantaged Business Enterprises
(DBE) as defined in 49 CFR Part 26 Subpart A, be given the
opportunity to compete fairly for contracts and subcontracts
financed in whole or in part with Federal funds and that a maximum
feasible portion of the Department's overall DBE goal be met using
race - neutral means. Consequently, if there is no DBE goal, the DBE
requirements of 49 CFR Part 26, apply to this contract as follows:
The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart
A, the opportunity to compete fairly for contracts and
subcontractors financed in whole or in part with Federal funds.
Race - Neutral DBE participation on projects with no DBE goal should
be reported on Form No. SMS.4903, "DBE or HUB Monthly Progress
Report" and submitted to the Area Engineer. Payments to DBEs
reported on Form No. SMS.4903 are subject to the requirements of
Article A, Subarticle 5, "Determination of DBE Participation ".
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The Contractor and any subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and
performance of contracts financed in whole or in part with Federal
funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall
constitute a material breach of this contract and, may result in
termination of the contract by the Department or other such remedy
as the Department deems appropriate.
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SPECIAL PROVISION
TO
ITEM 2
INSTRUCTIONS TO BIDDERS
Page 1 of 4
For this project, Item 2, "Instructions to Bidders', 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 2.1. Contents of Proposal Forms is voided and replaced by the following:
2.1. Requests for, Issuance of, and Contents of Proposal Forms
(1) Requests for Proposal Forms.
A request for a proposal form on a state funded construction or maintenance contract may be made orally or in
writing.
A request for a proposal form on a federal -aid construction or maintenance contract must be submitted in writing,
and must include a statement in a form prescribed by the City certifying whether the bidder is currently disqualified
by an agency of the federal government as a participant in programs and activities involving federal financial and
nonfinancial assistance and benefits.
(2) Issuance of Proposal Forms.
(a) Issuance of Proposal Forms for Construction and Maintenance Contracts. The City will, upon receipt of a
request, issue a proposal form for a construction or maintenance contract as follows:
1. For a project on which audited financial prequalification is required, only to a prequalified bidder, and only
if the estimated cost of the project is within that bidder's available bidding capacity; and
2. For a project on which audited financial qualification is waived under Article 2.4, only if the estimated cost
of the project is within that bidders available bidding capacity.
(b) Non - issuance of Proposal Forms for Construction and Maintenance Contracts. The City will not issue a proposal
form requested by a bidder for a construction or maintenance contract:
I. For a federal -aid project, if at the time of the request the bidder is disqualified by an agency of the federal
government as a participant in programs and activities involving federal assistance and benefits;
2. For all projects, if at the time of the request the bidder is suspended or debarred by order of the City Council,
or is prohibited from rebidding a specific project because of default of the first awarded bid;
3. For all projects, if at the time of the request the bidder has not fulfilled the requirements for qualification
under Article 2.4;
4. For all projects, if at the time of the request the bidder has failed to attend a mandatory pre -bid conference;
or
5. For all projects, if the bidder or a subsidiary or affiliate of the bidder has received compensation from the
City to participate in the preparation of the plans or specifications on which the bid or contract is based.
(c) Informational Proposal. The City will issue an information proposal form upon request.
(3) Contents of Proposal Forms. A proposal form will include:
r: tc I Y(snaa .doe
1. The Location and description of the proposed work;
2. An estimate of the various quantities and kinds of work to be performed or materials to be furnished;
3. A schedule of items for which unit prices are requested;
4. The time within which the work is to be completed; and
5. The special provisions and special specifications.
Page 2 of 4
Article 2.4. Competency of Bidders is supplemented by the following:
To be eligible as a subcontractor for a construction or maintenance contract, a subcontractor must submit a
completed subcontractor's questionnaire.
Article 2.5. Preparation of Proposal is voided and replaced by the following:
2.5. Preparation of Proposal. The bidder shall submit his proposal on the form furnished to him by the City except
as provided below. Writing in words in ink shall fill in the blank spaces for each item as required in the proposal.
The bidder shall submit a unit price, in dollars and/or cents, for each item for which a bid is requested (including a
zero if appropriate), except in the case of a bid item for which there is an alternate bid item. In such case, prices
must be submitted for the base bid or for the items of one or more of the alternates. A bid item left blank, except in
the case of an alternate will constitute an incomplete bid. The proposal shall be executed in ink in the complete and
correct name of the bidder making the proposal and shall be signed by the person or persons authorized to bind the
bidder.
Bidders, at their option, in lieu of hand writing the unit prices in words in ink in the proposal, may submit an
original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown
on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the
Council. As a minimum, computer printouts must contain the information in the arrangement shown on the
"Example of Bid Prices Submitted by Computer Printout" form in the proposal.
A bidding proposal on a federal -aid project shall include, in a form prescribed by the City, a certification of
eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility
determination actions by an agency of the federal government, and any indictment, conviction, or civil judgment
involving fraud or official misconduct, each with respect to the bidder or any person associated therewith in the
capacity of owner, partner, director, officer, principal investor, project director/supervisor, manager, auditor, or a
position involving the administration of federal funds; and shall cover the three (3) year period immediately
preceding the date of the proposal.
Information adverse to the bidder as contained in the certification will be reviewed by the City, the Department of
Transportation (TxDOT) and by the Federal Highway Administration (FHWA), and may result in rejection of the
bid and disqualification of the bidder.
Article 2.6. Rejection of Proposals. The second paragraph is voided and replaced by the following:
Any proposal that has one or more of the deficiencies listed below will be considered to be non - responsive and will
not be read publicly.
1. The proposal certification and/or affirmation are not signed.
2. The proposal guaranty is not a cashier's check or a bank money order on a State or National Bank, or a cashier's
check or money order on a State or National Savings & Loan Association, or a cashier's check or money
order on a State or Federally Chartered Credit Union, payable to the order of the City of Round Rock.
n.ac1 +.Laac: doc
Page 3 of 4
3. The proposal guaranty check is not payable at or through the institution issuing the instrument or the guaranty
instrument does not state that the issuing institution is both the drawer and the drawee of the official
obligation to pay the amount stated.
4. The proposal guaranty is less than the amount prescribed by the proposal.
5. The proposal guaranty check is labeled "Officer's Check ", "Official Check" or "Tellers Check ".
6. The proposal is submitted by an unqualified bidder.
7. The bidder did not attend a specified mandatory pre-bid conference.
8. The proposal is in a form other than the official proposal form issued to the bidder.
9. The proposal was received after the time or at some location other than that specified in the advertisement.
10. The unit prices are written in the proposal in numerals.
11. The proposal submitted has too few or too many bid items due to the bidder not submitting the latest revised
version of the proposal.
12. The proprietor, partner, majority shareholder or substantial owner is 30 or more days delinquent in providing
child support under a court order or a written repayment agreement.
13. A computer printout proposal, when used, does not have the unit bid prices entered in designated spaces, does
not include the proper certification, is not signed in the name of the firm to whom the proposal was issued,
or omits required bid items or includes items not shown in the proposal. -
14. The bidder was not authorized to be issued a proposal under Subarticle 2.1.(2).
15. If more than one proposal involving a bidder under the same or different names is submitted, the City will not
accept and will not read any of the proposals submitted by that bidder.
Article 2.7. Proposal Guaranty. The first paragraph is voided and replaced by the following:
The proposal shall be accompanied by a proposal guaranty in the amount indicated in the proposal. The proposal
guaranty shall be payable to the City of Round Rock City and shall be a cashier's check or a bank money order on a
State or National Bank or a Savings and Loan Association, or a State or Federally Chartered Credit Union.
A check or money order must be payable at or through the institution issuing the instrument, or must state that the
issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated.
The City will not accept as a proposal guaranty:
1. a check labeled "Official Check ", "Officer's Check ", or "Teller's Check";
2. personal checks or certified checks;
3. other types of money orders or bank drafts; or
4. bid bonds.
Article 2.10. Withdrawal of Proposal is voided and replaced by the following:
2.10. Withdrawal of Proposal. A bidder may withdraw a proposal by submitting a request in writing to the Letting
Official. The City will not accept telephone or telegraph requests, but will accept a properly signed telefacsimile
request. The request must be made by a person authorized to bind the bidder, and must be in the hands of the
Letting Official before the scheduled bid opening.
Article 2.11. Public Opening of Proposals is voided and replaced by the following:
Limraa.dec
L.�.:+ ornrcd 1:J13::,
Page 4 of 4
2.11. Public Opening of Proposals. Bids will be opened and read at a public hearing conducted by the Director of
the City's Construction and Maintenance Division, or his or her designee, on behalf of the City Council. Each
hearing shall be in the City of Round Rock, at the time and location specified in the advertisement.
Article 2.12. Disqualification of Bidder. The second paragraph is voided and not replaced.
The following article is added to this Item: Article 2.14. Child Support Order Compliance. 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 percent 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.
By signing the contract, the Contractor, under penalty of perjury under the laws of the State of Texas, certifies that
the sole proprietor, partner, shareholder or owner of the firm is not 30 or more days delinquent in providing child
support.
By signing the contract, the Contractor makes material representation of fact upon which reliance is placed as the
City enters into the contract. If it is later determined that the Contractor knowingly rendered an erroneous
representation, in addition to other remedies available, the Department may terminate the contract for cause or
default.
The Contractor shall provide immediate written notice to the City if at any time it learns that its representation was
erroneous when submitted or has become erroneous by reason of changed circumstances.
1 rt :cct ;‘ dc
L.., f.5; AM
SPECIAL PROVISION
TO
ITEM 7
"LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC"
Page 1 of 2
For this project, in addition to any forms of insurance or bond required under the terms of the contract and
specifications, the Contractor will be required to carry insurance in the following kinds and amounts:
1. Comprehensive General Liability Policy.
The Contractor shall furnish evidence to the City of Round Rock, Texas that, with respect to the operations he
performs, he carries a standard Comprehensive General Liability Insurance Policy providing limits of not less than
two million dollars ($2,000,000) for bodily injury and property damage per occurrence and not less than two
million dollars (52,000,000) aggregate for all occurrences.
If any part of the work is sublet similar insurance shall be provided by or in behalf of the subcontractors to cover
their operations.
2. Contractors' Protective Liability Insurance.
The Contractor shall furnish evidence to the City of Round Rock, Texas that, with respect to the operations
performed for him by subcontractors, he carries in his own behalf a Contractors' Protective Liability Insurance
policy providing for a limit of not less than two million dollars (S2, 000,000) for bodily injury and property damage
per occurrence and not less than two million dollars (S2, 000,000) aggregate for all occurrences.
3. Railroads' Protective Liability (which includes Bodily Injury, Property Damage and Physical Damage Insurance).
The Contractor shall furnish an original policy to the City of Round Rock, Texas for and in behalf of the Railroad
which, with respect to the operations he or any of his contractors perform, provides the standard Railroad Protective
Liability policy, with a limit of not less than two million dollars ($2,000,000) for bodily injury' property damage and
physical damage to property and not less than SD( million dollars ($6,000,000) aggregate for all occurrences.
With respect to the above outlined insurance requirements for Railroads, the following shall govern:
a Where one Railroad Company is involved, the Contractor shall provide one insurance policy in the name of the
Railroad Company. However, if more than one grade separation is involved on the project at entirely separate
locations on the line or lines of the same Railroad Company, separate coverage shall be provided, each in the
amounts stated above. Dual lane structures at the same highway location will be considered as one structure
and only one policy will be required.
b. Where more than one Railroad Company is operating on the same right of way or where several Railroad
Companies are involved and operate on their own separate rights of way, the Contractor shall provide
separate insurance policies in the name of each Railroad Company.
c. If, in addition to a grade separation, other work is proposed on a Railroad Company's right of way at a location
entirely separate from the grade separation, insurance coverage for this work shall be included in the policy
covering the grade separation.
d. If no grade separation is involved but other work is proposed on a Railroad Company's right of way, all such
other work may be covered in a single policy for that railroad even though the work may be at two or more
separate locations.
If other work is proposed on two or more Railroad Companies' rights of way or where other work is proposed
cc1 k1;r dcc
13: AM
Page 2 of 2
involving two or more Railroad Companies operating on the same right of way, separate insurance policies must be
provided for each Company.
4. General.
No work on Railroad Company's property to be performed by the Contractor shall be commenced until the
Contractor has firnished the City of Round Rock, Texas certification of required "Comprehensive General liability
Policy" and an original policy of required "Railroad Protective Liability (which includes Bodily Injury, Property
Damage and Physical Damage Insurance)" for each Railroad Company named, as required by Paragraph No. 3,
above.
The insurance, as specified in paragraphs numbered 1 and 2 above, shall be carried until all work required to be
performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by the
City of Round Rock, Texas.
The insurance, as specified in paragraph number 3 above, shall be carried until all work to be performed on the
railroad right of way has been completed and the temporary grade crossing, if any, is no longer used by the
Contractor.
No direct compensation will be made to the Contractor for providing the insurance policies required herein as the
costs involved shall be included in the unit prices bid for the several pay items of the proposal.
. rt+rcr rYl::nun; <loc
1 7 11:x:= AM
1993 Specifications
SPECIAL PROVISION
TO
ITEM 213
ROLLING
(Pneumatic Tire)
For this project, Item 213, "Rolling (Pneumatic Tire) ", 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 213.2. Equipment, Subarticle (4) The Medium Pneumatic Tire
Roller (Type B) is voided and replaced by the following:
(4) The Medium Pneumatic Tire Roller (Type B). It shall conform to
the requirements for Medium Pneumatic Tire Roller (Type A) as specified
in Subarticle 213.2.(3), except that the roller shall be equipped with
tires that will afford ground contact pressures to 90 pounds per square
inch or more.
1 -1
213 - - -001
6 -94
1993 SPECIFICATIONS
FOR THIS PROJECT, ITEM 300, "ASPHALTS, OILS AND EMULSIONS ", OF THE
STANDARD SPECIFICATIONS, IS HEREBY AMENDED WITH RESPECT TO CLAUSES CITED
BELOW AND NO OTHER CLAUSES OR REQUIREMENT OF THIS ITEM ARE WAIVED OR
CHANGED HEREBY.
ARTICLE 300.2. MATERIALS, SUBARTICLE (4) EMULSIFIED ASPHALT. TABLE 6,
ANIONIC EMULSIONS, 1S SUPPLEMENTED BY THE luLLUw1NG:
TYPE
GRADE
SPECIAL PROVISION
TO
ITEM 300
ASPHALTS, OILS AND EMULSIONS
PRIME, MEDIUM SETTING
AE -P
MINIMUM MAXIMUM
FUROL VISCOSITY AT 122 F., SEC. 15 150
RESIDUE BY DISTILLATION % BY WEIGHT 40 -
(DISTILLATION TO 500 F BY TEX -521 -C
FOLLOWED BY DISTILLATION OF RESIDUE
TO 680 F BY TEX - 515 -C)
TOTAL OIL DISTILLATE FROM THE 500 F
AND 680 F DISTILLATION, BY VOLUME
OF EMULSION,% 25 40
SIEVE TEST, % - 0.1
DEMULSIBILITY, 50 CC OF N /10 CALCIUM CHLORIDE, % - 70
STORAGE STABILITY, ONE DAY, % - 1
TESTS ON RESIDUE FROM 680 F DISTILLATION:
FLOAT TEST AT 122 F, SEC 50 200
SOLUBILITY IN TRICHLOROETHYLENE, % 97.5 -
1 -1 300 - - -011
2 -94
1993 Specifications
SPECIAL PROVISION
TO
ITEM 340
HOT MIX ASPHALTIC CONCRETE PAVEMENT
For this project, Item 340, "Hot Mix Asphaltic Concrete Pavement ", 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 340.2. Materials, Subarticle (1) Aggregate, Section (a) Coarse
Aggregate. The fifth paragraph, the table and the sixth paragraph are
voided and replaced by the following:
Coarse aggregates used in surface courses shall have a minimum surface
aggregate classification as shown on the plans. Unless otherwise shown
on the plans, the surface aggregate classification requirement will
apply only to aggregate used on travel lanes. Aggregates in locations
other than travel lanes shall meet the requirements in Table 1. The
surface aggregate classifications for sources on the Aggregate Quality
Monitoring Program (AQMP) are listed in the Rated Source Quality Catalog
(RSQC). When aggregates are supplied from a source which is not on the
AQMP, the aggregate will be sampled and tested prior to use. The
procedures will be in accordance with the AQMP.
Blending of a Class "B" aggregate with a Class "A" aggregate is allowed
in order to meet requirements for Class "A" materials. At least 50
percent (by weight) of the material retained on the No. 4 sieve must
come from a Class "A" aggregate source. The aggregate must be blended
by volume if the bulk specific gravity of the Class "A" and Class "B"
aggregates differ by more than 0.300. Class "C" and "D" aggregates will
not be allowed for blending.
Article 340.2. Materials, Subarticle (1) Aggregate, Section (b)
Reclaimed Asphalt Pavement (RAP). The third paragraph is voided and
replaced by the following:
Stockpiled state -owned RAP or RAP milled from the project is available
to the Contractor when shown on the plans. The Contractor has the
option to use up to 20 percent RAP in surfacing and level -up mixtures
and up to 30 percent RAP in base mixtures, unless otherwise shown on the
plans. Only RAP from designated state -owned sources may be used in
surface mixtures. Contractor -owned RAP can be used in level -up and base
mixtures. When state owned RAP is available for the Contractor to use,
the approximate asphalt content of the RAP will be shown on the plans.
If the source of the RAP is an existing stockpile material, the
decantation or plasticity index will also be shown on the plans.
1 -6
340 - - -007
7 -99
Article 340.2. Materials, Subarticle (1) Aggregate, Section (b)
Reclaimed Asphalt Pavement. The fifth paragraph is voided and not
replaced.
Article 340.2. Materials, Subarticle (1) Aggregate, Section (c) Fine
Aggregate. The third sentence of the first paragraph is voided and
replaced by the following:
A maximum of 15 percent of the total virgin aggregate may be field sand
or other uncrushed fine aggregate, unless a value less than 15 percent
is shown on the plans.
Article 340.2. Materials, Subarticle (1) Aggregate, Section (c) Fine
Aggregate. The second paragraph is voided and replaced by the
following:
Except for CHMB mixtures, screenings shall be supplied from
sources whose coarse aggregate meets the Los Angeles abrasion and
magnesium sulfate soundness loss requirements shown in Table 1,
unless otherwise shown on the plans.
Article 340.2. Materials, Subarticle (1) Aggregate, Section (c) Fine
Aggregate. Third paragraph is deleted and replaced by the following:
Unless otherwise shown on the plans, stone screenings are required and
shall be the result of a rock crushing operation and meet the following
gradation requirements, when tested in accordance with Test Method
Tex - 200 -F, Part II.
Percent By weight
Passing 3/8" Sieve 100.0
Passing the No. 10 Sieve 70.0 -100.0
Passing the No. 200 Sieve 0 0 -30.0
Article 340.2. Materials, Subarticle (1) Aggregate, Section (d) Mineral
Filler. The first paragraph is replaced by the following:
Mineral filler shall consist of thoroughly dried stone dust, unless
otherwise approved by the Engineer. The use of fly ash will not be
permitted. The mineral filler shall be free from foreign matter.
Article 340.2. Materials, Subarticle (1) Aggregate, Table 1 is
supplemented by the following:
For CMHB mixtures, maximum Los Angeles Abrasions shall be 35 percent.
Sand Equivalent test is performed on combine virgin aggregates including
mineral fillers.
Article 340.2. Materials, Subarticle (2) Asphaltic Materials, Section
(a) Paving Mixture. The first sentence of the first paragraph is voided
and replaced by the following: Asphalt cement for the paving mixture
shall be of the grade shown on the plans.
2 -6
340 - - -007
7 -99
SIEVE
SIZE
TYPE
13.0
A
COARSE
BASE
B
FINE BASE
C
COARSE
SURFACE
D
FINE
SURFACE
1 -1/2"
98.0 -100.0
35*
1 -1/4"
95.0 -100.0
1"
98.0 -100.0
7/8"
70.0 -90.0
95.0 -100.0
98.0 -100.0
5 /8"
75.0 -95.0
95.0 -100.0
1/2"
50.0 -70.0
98.0 -100.0
3/8"
60.0 -80.0
70.0 -85.0
85.0 -100.0
1/4"
No. 4
30.0 -50.0
40.0 -60.0
43.0 -63.0
50.0 -70.0
No. 10
20.0 -34.0
27.0 -40.0
30.0 -40.0
32.0 -42.0
No. 40
5.0 -20.0
10.0 -25.0
10.0 -25.0
11.0 -26.0
No. 80
2.0 -12.0
3.0 -13.0
3.0 -13.0
4.0 -14.0
No. 200
1.0 -6.0
1.0 -6.0
1.0 -6.0
1.0 -6.0
VMA,
%MINIMUM
12.0
13.0
14.0
15.0
HVEEM
STABILITY,
MINIMUM
35*
35*
35*
35*
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Article 340.2. Materials, Subarticle (2) Asphaltic Materials, Section
(b) RAP Paving Mixture. The first sentence is voided and replaced by
the following:
When allowed on the plans and when the Contractor elects to use more
than 20 percent RAP in the surface and level up mixtures or more than 30
percent RAP in base mixtures, the asphalt in the RAP shall be restored
to the properties indicated below. When the percentage of RAP required
by plan notes does not exceed 20 percent for surface and level ups or 30
percent for base, then the asphalt in the RAP is not required to be
restored to the properties indicated below.
Article 340.3. Paving Mixture, Subarticle (1) Mixture Design. Table 2
is voided and replaced by the following:
MIXTURE PROPERTIES
TABLE 2 MIXTURE REQUIREMENTS
MASTER GRADING
(PERCENT PASSING BY MASS OR VOLUME)
3 -6
340 - - -007
7 -99
SIEVE
SIZE
TYPE
4.OX
F
FINE
MIXTURE
CMHB -F
FINE
SURFACE
CMHB -C
COARSE
SURFACE
1 -1/2"
STIFFNESS PSI MINIMTJM
1 -1/4"
6,000
PERMANENT
1"
STRAIN IN /IN MAXIMUM
6X10 -4
6X10 -4
7/8"
98.0 -100.0
5/8"
95.0 -100.0
1/2"
98.0 -100.0
3/8"
98.0 -100.0
85.0 -100.0
50.0 -70.0
1/4"
95.0 -100.0
No. 4
40.0 -60.0
30.0 -45.0
No. 10
32.0 -42.0
15.0 -25.0
15.0 -25.0
No. 40
9.0 -24.0
6.0 -20.0
6.0 -20.0
No. 80
3.0 -13.0
6.0 -18.0
6.0 -18.0
No. 200
1.0 -6.0
5.0 -8.0
5.0 -8.0
CREEP
4.OX
4.OX
SLOPE IN /IN /SEC MAXIMUM
10 -8
10 -8
CREEP
STIFFNESS PSI MINIMTJM
6,000
6,000
PERMANENT
STRAIN IN /IN MAXIMUM
6X10 -4
6X10 -4
VMA
MINIMUM
16.0
15.0
14.0
HVEEM
STABILITY
MINIMUM
35*
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
MIXTURE PROPERTIES
*OR AS SHOWN ON PLANS
Article 340.3. Paving Mixture, Subarticle (1) Mixture Design. The
first paragraph is voided and replaced by the following:
Unless otherwise shown on the plans, the Contractor shall furnish the
mixture design. The mixture shall be designed using representative
samples of aggregates and asphalt proposed for use in the project in
accordance with Test Method Tex -204 -F to conform with the requirements
herein. Mixture design shall be conducted by personnel certified in
Level II of the TxDOT approved certification program.
Article 340.3. Paving Mixture, Subarticle (1) Mixture Design. The
second sentence of fifth paragraph is voided and replaced by the
following:
4 -6
340 - - -007
7 -99
The gradation of the aggregate will be determined in accordance with
Test Method Tex - 200 -F, Part II (Washed Sieve Analysis), to develop the
job -mix formula.
Article 340.3. Paving Mixture, Subarticle (2) Density, The first
sentence in the first paragraph is voided and replaced by the following:
The mixture shall be designed to produce an acceptable mixture at an
optimum density selected by the Engineer within the range of 96.0 -97.0,
when tested in accordance with Test Method Tex -207 -F and Test Method
Tex - 227 -F.
Article 340.3. Paving Mixture, Subarticle (6) Tolerances. The
tolerances shown in the first paragraph are voided and replaced by the
following:
Passing 1 -3/4" sieve, retained on 7/8" sieve
Passing 7/8" sieve, retained on 5/8" sieve
Passing 5/8" sieve, retained on 3/8" sieve
Passing 3/8" sieve, retained on No. 4 sieve
Passing 1/4" sieve, retained on No. 10. sieve
Passing No. 4 sieve, retained on No. 10 sieve
Total Passing a No. 10 sieve
Passing No. 10 sieve, retained on No. 40 sieve
Passing No. 40 sieve, retained on No. 80 sieve
Passing No. 80 sieve, retained on No. 200 sieve
Passing No. 200 sieve
Asphaltic Material
Article 340.3. Paving Mixture, Subarticle (6) Tolerances. The first
sentence, of the second paragraph is voided and replaced by the
following:
The mixture will be tested in accordance with Test Method Tex - 210 -F,
Test Method Tex - 236 -F, or Test Method Tex- 228 -F. When Test Method
Tex -228 -F is used, combined cold feed belt samples may be used to
determine aggregate gradation in accordance with Test Method Tex -200 -F
and Tex - 229 -F.
Article 340.6. Construction Methods, Subarticle (7) Ride Quality, is
replaced by the following:
Unless otherwise shown on the plans, ride quality will be required in
accordance with Special Specification, "Ride Quality for Pavement
Surfaces ".
Article 340.7. Measurement, Subarticle (3) Ride Quality, is voided and
replaced by the following:
5 -6
Tolerance
Percent by Weight or
Volume as Applicable
+ 5
+ 5
+ - 5
+ - 5
+ - 5
+ - 5
+ 5
+ 3
+ - 3
+ 3
+ - 3
+ 0.5 by weight
or 1.2% by
volume
340 - - -007
7 -99
Ride quality will be measured in accordance with Special Specification,
"Ride Quality for Pavement Surfaces ".
Article 340.8. Payment, Subarticle (2) is voided and replaced by the
following:
Payment for ride quality will be in accordance with Special
Specification, "Ride Quality for Pavement Surfaces ".
6 -6
340 - - -007
7 -99
1993 Specifications
SPECIAL PROVISION
TO
ITEM 345
ASPHALT STABILIZED BASE
(Plant Mix)
For this project Item 345, "Asphalt Stabilized Base (Plant Mix)" 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.
Article 345.2. Materials, Subarticle (1) Aggregate, Section (a)
Description. The first sentence is voided and replaced by the
following:
The aggregate shall be composed of one or more aggregates and /or
reclaimed asphalt pavement (RAP).
Article 345.2. Materials, Subarticle (1) Aggregate, Section (b)
Combined Materials is voided and replaced by the following:
Where more than one aggregate is used, test samples of each aggregate
will be proportionately combined prior to testing for Table 1
requirements, except for Los Angeles Abrasion, and crushed face
requirements, unless otherwise shown on the plans.
Article 345.2. Materials, Subarticle (1) Aggregate, Section (c)
Quality. The first sentence is voided and replaced by the following:
Aggregates for Grades 1 through 3 shall meet the quality requirements
shown in Table 1.
Article 345.2. Materials, Subarticle (1) Aggregate, Section (d) Crushed
Faces is voided and replaced by the following:
When shown on the plans, all aggregates except for RAP shall be so
crushed as to have a minimum of 60 percent of the particles retained on
the No. 4 sieve with two or more mechanically induced crushed faces, as
determined by Test Method Tex -460 -A (Part 1).
Article 345.2. Materials, Subarticle (1) Aggregate, Section (e)
Reclaimed Asphalt Pavement (RAP). The last sentence of the third
paragraph is voided and replaced by the following:
When RAP sources are designated, either in stockpiles or existing
pavements, the asphalt content and asphalt cement properties of this
1 -2
345 - - -003
8 -98
material will be shown on the plans for material existing in pavements,
or in a special provision "Local Material Sources for Reclaimed
Asphaltic Pavement" for material in existing stockpiles.
Article 345.4. Equipment, Subarticle (2) Mixing Plants, Section (a)
Weigh -Batch Type. The first sentence of the second paragraph is voided
and replaced by the following:
If RAP or other recycled aggregates are used, a separate cold bin shall
be required.
Article 345.4. Equipment, Subarticle (2) Mixing Plants, Section (b)
Modified Weigh -Batch Type. The first sentence of the fourth paragraph
is voided and replaced by the following:
If RAP or other recycled aggregates are used, a separate cold bin shall
be required.
Article 345.4.
Drum -Mix Type.
replaced by the
If RAP of other
be required.
Aricle 345.5.
Stockpiling of Aggregates.
following:
Stockpiling and handling of
by the Engineer.
Equipment, Subarticle (2) Mixing Plants, Section (c)
The first sentence of the fifth paragraph is voided and
following:
recycled aggregates are used, a separate cold bin shall
Article 345.4. Equipment, Subarticle (7) Rollers, Section (a)
Pneumatic -Tire Roller is voided and replaced by the following:
(a) Pneumatic -Tire Roller. The roller shall be an acceptable medium
pneumatic tire roller conforming to the requirements of Item 213,
"Rolling (Pneumatic - Tire) ", Type A, unless otherwise specified on the
plans. Pneumatic -tire rollers used for compaction shall provide a
minimum 80 psi ground contact pressure. When used for kneading and
sealing the surface only, they shall provide a minimum of 55 psi ground
contact pressure.
Stockpiling, Storage and Mixing, Subarticle (1)
The fourth paragraph is supplemented by the
other recycled aggregates shall be approved
2 -2
345 -- -003
8 -98
1993 SPECIFICATIONS
SPECIAL PROVISION
TO
ITEM 400
EXCAVATION AND BACKFILL FOR STRUCTURES
For this project, Item 400, "Excavation and Backfill for Structures ",
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 400.7. Measurement is voided and replaced by the following:
400.7. Measurement. Excavation guantities shown on the plane are
for information purposes only. Cutting and restoring of pavement will
be measured by the square yard. Cement stabilized backfill will be
measured by the cubic yard.
This ,is a plans quantity measurement Item and the quantity to be paid
for will be that quantity shown in the proposal and on the "Estimate and
Quantity" sheet of the contract plans, except as may be modified by
Article 9.8. If no adjustment of quantities is required, additional
measurements or calculations will not be required.
Quantities for structural excavation of ipe headwalls, inlets,
manholes, culvert widening (extensions) 15 feet or less in length,
bridge abutments retaining walls and side road and private entrance
pipe culverts will not be shown on the plans.
For culvert widening (extensions) greater than 15 feet and for all
other types of structures not listed above, quantities for structural
excavation will be shown on the plans.
Quantities for structural excavation are determined by the method of
average end areas using the following limits to establish templates:
(1) For all excavation, except that required for the barrels of pipe
culverts and for structural plate structures, no material outside of
vertical lanes one (1) foot beyond the edges of the footings and
parallel thereto is included. When the plans provide the Contractor the
option of cast -in -place or precast boxes, the quantity for excavation
will be based on the cast -in -place option.
(2) For pipes of 42 inches or less nominal or equivalent diameter, no
material outside of vertical planes one (1) foot beyond the horizontal
projection of the outside surfaces of the pipe and parallel thereto is
included. For pipes more than 42 inches in nominal or equivalent
diameter, no material outside of vertical planes located two (2) feet
1 -4 400 -- -001
1 -94
beyond the horizontal projection of the outside surfaces of the pipe and
parallel thereto is included. Quantities for excavation of pipes shown
are between the extreme ends of the completed structure, including any
end appurtenances, as shown on the plans and from centerline to
centerline of inlets, manholes, etc. therein. When excavation for
appurtenances is shown, the limits of excavation for the pipes does not
overlap those of the appurtenances.
(3) For structural plate structures, no material outside of vertical
planes three (3) feet beyond the horizontal projection of the outside
surfaces of the etructure(e) and parallel there o is included. When the
quality of the existing sail or embankment is less than that of the
proposed backfill material, the excavation is extended to vertical
planes located at one -half of the span beyond the horizontal projection
of the outside surfaces of the structure(e) and parallel thereto.
(4) If a cofferdam is used, the limitations of Subarticle 400.7.(1)
apply just as if no cofferdam were used.
(5) Where excavation in addition to that shown for the footings, is
required for other portions of the etructure, such as for the cap, cross
strut or tie beam of a pier or bent or for the superstructure,
quantities for such additional excavation are limited laterally to
vertical planes one (1) foot beyond the face of the member and parallel
thereto and vertically to a depth of one (1) foot below the bottom of
such member.
(6) Quantities are not shown for any excavation necessary for placing
forme or falsework except as allowed by the above conditions.
(7) At all structure sites except at culverts and trench excavations,
the quantity of structural excavation includes only material below or
outside the limits of the completed road or channel excavation.
Quantities for trench excavation in fill above natural ground, as
specified in Subarticle 400.2.(4), includes that area as specified in
Subarticle 400.7.(2) plus one (1) foot above the top of the pipe,
regardless of the height of fill previously made.
(8) Excavation required for shaping the slopes of header banks which
were built by prior contract and upon which riprap is to be placed will .
be included in the quantity for structural excavation.
(9) For all trenches and culverts, except for side road and private
entrance culverts, all excavation within the Limits of the structure and
below or outside the limits of the completed roadway excavation is
trench or culvert excavation.
(10) Where excavation diagrams are shown on the plans, they take
precedence over these provisions.
(11) Quantities shown do not include materials removed below footing
grades to compensate for anticipated swelling due to pile driving, nor
2 -4 400 -- -001
1 -94
will they include material required to be removed due to swelling beyond
the specified limits during pile driving operations.
(12) Quantities shown do not include additional volume caused by
slips, elides, cave -ins, silting, or fill material resulting from the
action of the elements or the Contractor's operation.
(13) Where rock or other incompressible or unstable material is
undercut to provide a suitable foundation for pipe or box sections, ouch
material below grade, which is directed by the Engineer to be removed,
will be measured for payment.
(14) When an alternate bid ie involved only the quantity for the base
bid will be shown on the plane. No allowance will be made for any
variance in quantities incurred by an alternate bid.
(15) Additional excavation involved in the lowering or raising of the
elevations of a footing, foundation, or structural unit, when such grade
change is authorized by the Engineer will be paid for in accordance with
Article 4.3.
(16) Cement stabilized backfill will be measured in accordance with
the backfill diagram shown on the plane. Changes in alignment or grade
as authorized by the Engineer will be measured for payment.
(17) The work to be done in the cutting and restoring of avement
will be measured in accordance with the dimensions shown on the plane.
The excavation below the pavement and /or base is considered as
structural excavation.
Article 400.8. Payment is voided and replaced by the following:
400.8. Payment. The work performed and materials furnished in
accordance witn tnie Item and measured as provided under "Measurement"
will be paid for at the unit price bid for "Cement Stabilized Backfill"
and "Cutting and Restoring Pavement ".
Payment for removal and replacement of unstable or incompressible
material below the footing radee of culverts and trenches as provided
for in Subarticles 400.23) and (4) will be made as follows:
When the plans specify or when the Engineer directs the use of
special materials such as flexible base, cement stabilized
base, cement stabilized backfill or other special material,
excavation below the footing grades will be measured and aid
for at fifteen dollars ($15.00) per cubic yard. Payment for
furnishing, hauling, placing and compacting the flexible base,
cement stabilized base, cement stabilized backfill or other
special material will be made at the unit price bid for these
items in the contract or in accordance with Article 4.3., in
cases where the required material is not a bid item.
3 -4 400 - - -001
1 -94
Where special materials are not required or specified the
removal and replacement of unstable and /or incompreesible
material, when such work is authorized by the Engineer, will
be measured and paid for at fifteen dollars ($15.00) per cubic
yard.
Should the Engineer deem it necessary to lower or raise a footing,
foundation or structure unit to an elevation from the grade shown on the
plans, payment for such additional excavation involved shall be paid in
accordance with Article 4.3. No increase in unit price will be allowed
for any other bid items of the contract, and no additional compensation
will be allowed for any required cofferdam adjustments made necessary by
the lowering or raising of footings, etc.
The price bid for "cement Stabilized Eackfill" and "Cutting and
Restoring Pavement" shall be full compensation for all excavation,
bedding and backfill including placing, eprinkling and compaction of
material; all soundings; cleaning and filling seams; constructing all
cofferdams; all dewatering• and for furnishing all materials, hauling,
labor, equipment, tools, sheeting and /or bracing of excavations up to
and including five (5) feet in depth, pumps, drills, explosives,
disposition of surplus material, cutting pavement and base to neat
lines; and for incidentals necessary to complete the work, except that
protection methode for excavations greater than five (5) feet in depth
will be measured and paid for as required under Item 402 "Trench
Excavation Protection or Item 403, "Temporary Special Shoring ".
4 - 400 - - -001
1 -94
1993 Specification
SPECIAL PROVISION
TO
ITEM 420
CONCRETE STRUCTURES
For this project, Item 420, "Concrete Structures ", 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 420.2. Materials, Subarticle (7) Epoxy is voided and replaced
by the following:
(7) Epoxy. Unless otherwise specified, epoxy materials shall conform to
Special Specification, "Epoxy and Adhesives ".
Article 420.3. General Requirements. The second and third paragraphs
of number (5) are voided and replaced by the following:
After each slab of concrete has reached required curing time and design
strength in accordance with Item 421, "Portland Cement Concrete ", and
the concrete surface treatment has been applied in accordance with Item
428, "Concrete Surface Treatment ", authorization may be given for
construction traffic, or for the traveling public when necessary.
Vehicles exceeding the legal load limit will be allowed in accordance
with Item 6, "Control of Materials ".
Article 420.11. Placing Concrete - General, Subarticle (9) Installation
of Dowels and Anchor Bolts, Section (b) Cast -in -Place or Grouted
Systems. The second sentence of the second paragraph is voided and
replaced by the following:
Epoxy (Type V) and Epoxy Mortar (Type VIII) shall conform to Special
Specification, "Epoxy and Adhesives ".
420 -- -009
9 -98
1993 Specifications
SPECIAL PROVISION
TO
ITEM 421
PORTLAND CEMENT CONCRETE
For this project, Item 421, "Portland Cement Concrete ", 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 421.2. Materials, The first paragraph is voided and replaced by
the following:
The concrete shall be composed of hydraulic cement (with or without) fly
ash or ground granulated blast furnace slag (GGBF slag), fine and coarse
aggregates and water.
Article 421.2. Materials, Subarticle (1) Cement, is voided and replaced
by the following:
(1) Cement. The cement shall conform to Item 524, "Hydraulic
Cement ".
Article 421.2. Materials, Subarticle (2) Fly Ash, is voided and
replaced by the following:
(2) Fly Ash and GGBF Slag.
a. Fly ash shall conform to the requirements of Departmental
Materials Specification DMS -8900. Copies of Departmental Materials
Specifications are available from the Texas Department of
Transportation, 125 East llth Street, Austin, Texas 78701 -2483.
b. GGBF slag shall conform to the requirements of ASTM C 989 Grade
100 or 120. GGBF slag may be accepted for use prior to testing provided
it is from a prequalified source. A manufacturer shall become qualified
by establishing a history of satisfactory quality control as evidenced
by results of tests performed by the Construction Division and upon
approval of production and storage facilities by the Director of
Construction. Continued acceptance of GGBF slag from prequalified
source will remain in effect as long as all test results on samples
conform with specification requirements. Failure of GGBF slag to meet
the requirements shall be just cause to remove a manufacturer from the
prequalified status. In this event, all GGBF slag from that source will
1 -5
421 - - -020
7 -99
be subject to testing prior to use. This procedure will continue until
the Director of Construction has determined that adequate quality
control has been re- established. GGBF slag from nonprequalified sources
will require sampling and testing prior to use.
Article 421.2. Materials, Subarticle (4) Coarse Aggregate. The first
sentence of the first paragraph is voided and replaced by the following:
Coarse aggregate shall consist of durable particles of gravel, crushed
blast furnace slag, recycled crushed portland cement concrete, crushed
stone, or combinations thereof and shall be free from frozen material or
injurious amounts of salt, alkali, vegetable matter, or other
objectionable material either free or as an adherent coating. The use
of recycled crushed portland cement concrete as a coarse aggregate shall
be limited to Class B, Class D, Class E and Class P concrete.
Article 421.2. Materials, Subarticle (5) Fine Aggregate. The first and
second paragraphs are voided and replaced by the following:
Fine Aggregate shall consist of clean, hard, durable particles of
natural or manufactured sand or a combination thereof, with or without a
mineral filler. Fine aggregate shall be free from frozen material or
injurious amounts of salt, alkali, vegetable matter or other
objectionable material and shall not contain more than 0.5 percent clay
lumps by weight.
When fine aggregate is subjected to the color test for organic
impurities in accordance with Test Method Tex - 408 -A, the test result
shall not show a color darker than standard.
When white portland cement is specified, the fine aggregate shall be
light colored.
Unless otherwise shown on the plans, the acid insoluble residue of fine
aggregate used in concrete subjected to direct traffic shall not be less
than 60 percent by weight when tested in accordance with Test Method
Tex - 612 -J.
Unless otherwise shown on the plans, fine aggregates may be blended to
meet the acid insoluble residue requirement. When blended, the
following equation will be used:
Acid Insoluble ( °s) _ {(A1)(P1) +(A2)(P2)} /100
where:
Al = acid insoluble (t) of aggregate 1
A2 = acid insoluble (o) of aggregate 2
P1 = percent by weight of Al of the fine aggregate blend
P2 = percent by weight of A2 of the fine aggregate blend
2 -5
421 - - -020
7 -99
Article 421.2. Materials, Subarticle (5) Fine Aggregate is supplemented
by the following:
The use of recycled fine aggregate shall be limited to a maximum of 20
percent of the fine - aggregate (sand) portion of the mixture and shall be
limited to Class B, Class D, Class E and Class P concrete.
Article 421.3. Storage of Materials, Subarticle (1) Cement, Fly Ash and
Mineral Filler. The first paragraph is voided and replaced by the
following:
(1) Cement, Fly Ash, GGBF Slag and Mineral Filler. All cement,
fly ash, GGBF slag and mineral filler shall be stored in well ventilated
weatherproof buildings or approved bins, which will protect them from
dampness or absorption of moisture. Each shipment of packaged cement
shall be kept seperated to provide easy access for identification and
inspection.
Article 421.4. Measurement of Materials. The first sentence of the
third paragraph is voided and replaced by the following:
Cement, fly ash or GGBF slag shall be weighed seperately from
other materials.
Article 421.8. Classification and Mix Design. The first paragraph is
supplemented by the following:
If the Contractor can provide historical data obtained within the
preceding 12 -month period which demonstrates that an existing concrete
mix design meets all requirements of the plans and specifications, the
above requirements for concrete mix design verification may be waived by
the Engineer.
Article 421.8. Classification and Mix Design. The eleventh paragraph
is supplemented by the following:
Admixtures shall be used in accordance with manufacturers'
recommendations.
Article 421.8
Requirements ",
High strength
Article 421.8.
following:
. Classification and Mix Design. "Table 3, Slump
A. Structural Concrete is supplemented by the following:
concrete (f'c >/ =9000 psi)
Classification and Mix Design, is supplemented by the
Unless otherwise shown on the plans or in the specifications, the cement
shall be either Type I, IP, IS, II, or III except as follows:
3 -5
Maximum slump may
exceed eight (8) inches
when approved by
the Engineer
421 -- -020
7 -99
Type III cement shall not be used when the anticipated air
temperature for the succeeding 12 hours will exceed 60 F.
Type III cement may be used, regardless of air temperature, in all
precast concrete.
All cement used in a monolithic placement shall be of the same
type.
Type I /II cement may be considered as either Type I or Type II
cement except as otherwise noted.
Type IP or IS cement may be used in lieu of Type I or Type II
cement.
The Contractor shall have the option of replacing a percentage of the
required cement with either fly ash or ground granulated blast furnace
slag, on a one to one basis by absolute volume, in accordance with the
following:
The Contractor may substitute up to 50 percent of the cement with GGBF
slag.
When aggregate sources have not been identified as potentially reactive,
the Contractor may substitute up to 35 percent of the cement with fly
ash.
When potentially reactive
substitute from a minimum
the cement with fly ash.
Only GGBF slag or Type "A'
specified.
aggregates are used, the Contractor may
of 20 percent to a maximum of 35 percent of
' fly ash may be used when Type II cement is
No fly ash or GGBF slag will be permitted when a white portland cement
is required. No additional fly ash or GGBF slag will be permitted when
a Type IP or IS cement is used.
Article 421.9. Quality of Concrete. The third paragraph is
supplemented by the following:
All compressive strength specimen molds for high strength concrete
(f'c >/ =9000 psi) shall be four (4) inch diameter by eight (8) inches in
dimension, and shall have unbonded capping systems of durometer hardness
adequate for testing concrete of the expected compressive strength.
Article 421.9. Quality of Concrete. The eleventh paragraph is voided
and replaced by the following:
When control of conrete strength is by the 28 day compressive strength,
job control may be by seven (7) day compressive tests which are shown to
provide the required 28 day strength, based on results from trial
batches. If the required seven (7) day strength is not obtained with
4 -5
421 - - -020
7 -99
Class
of
Conc.
Cement
per C.Y.
Min.
sacks
Min.
Comp
Sgth. (fc)
28 Day
psi
Min. Flex.
Sgth.
7 day
psi
Max.
Water
Cement
Ratio
Gal /sk
Coarse
Aggr.
Grade
No.
General Usage
(info. only)
Drilled
Shafts;
A
5.0
3000
425
6.5
1 -2-
Inlets,
Manholes,
Appr. Slabs;
Curb;
3 -4-
Gutter; Curb
390 (c)
8 (a)
& Gutter;
Conc.
(d)
Retards;
Sidewalks;
Driveways;
Conc.
Pavement;
Back -up
Walls;
Anchors
Drilled Shafts;
C
6.0
3600
510
6.0
1 -2 -3-
Bridge Substruc
4 -5
Bridge Railing;
Cast -in -place
470 (c)
(d)
Culverts,except
Slab of Direct
Traffic Culvert
Wingwalls; Head
Approach Slab;
Concrete Traffi
Barrier (cast -i
.
place)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
the quantity of cement specified in Table 4, changes in the batch design
will be made as specified in this article. For an occasional failure of
seven (7) day compressive test, the concrete may be tested at 28 days for
evaluation.
Article 421.9. Quality of Concrete. "Table 4, Classes of Concrete ", is
supplemented by the following:
NOTE: (e) For high strength concrete (f'c >/ =9000 psi), the 56 day minimu
compressive strength shall be as specified on the plans.
Article 421.9. Quality of Concrete, Table 4 Classes of Concrete A and C,
voided and replaced by the following:
5 -5
TABLE 4
421 - - -020
7 -99
1993 Specifications
SPECIAL PROVISION
TO
ITEM 437
CONCRETE ADMIXTURES
For this project, Item 437, "Concrete Admixtures ", 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 437.3. Approval of Admixtures. Number "(2)" of the second
paragraph is voided and replaced by the following:
(2) An eight (8) ounce sample of the admixture.
Article 437.4. Dispensing Equipment. The second paragraph is voided
and replaced by the following:
The calibrated container shall be constructed in such a manner that the
level of the admixture is visible at all times. A strip gauge shall be
securely attached to the measuring apparatus. The increments on the
strip gauge shall be such that the admixture can be measured to within
three (3) percent of the specified dosage.
1 -1
437 - - -001
12 -94
1993 Specifications
For this project, Item 445, "Galvanizing ", 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 445.2 Galvanizing is voided and replaced by the following:
445.2. Galvanizing. Galvanizing of metal items shall be in accordance
with the following:
ITEMS SPECIFICATION
(1) Fabricated items, rolled, pressed
or forged steel shapes, plates,
pipes, tubular items and bars
(2) Steel or iron castings
(3) Bolts, nuts, screws, washers
and other miscellaneous hardware
(4) Miscellaneous fasteners, when ASTM 8633,
permitted by plans or specifications Class Fe /Zn 8
(5) W -Beam elements for guard fence
or bridge railing
SPECIAL PROVISION
TO
ITEM 445
GALVANIZING
(6) Permanent Metal Deck Forms,
supporting angles and incidental
items
ASTM Al23
ASTM A153,
Class A
ASTM A153,
Class C or D
or ASTM B695,
Class 50
ASTM A653,
Coating Designation G210
or AASHTO M 180
ASTM A653,
Coating Designation G165
1 -1 445 -- -001
4 -97
1993 Specifications
SPECIAL PROVISION
TO
ITEM 464
REINFORCED CONCRETE PIPE
For this project, 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.
Article 464.2. Materials, Subarticle (2) Design. The third sentence of
the first paragraph is voided and replaced by the following:
Table C outlines the Class and D -load equivalents for ASTM C76.
Article 464.2. Materials, Subarticle (2) Design, Table C is voided and
replaced by the following:
TABLE C
ASTM C76
CIRCULAR PIPE
Class D -Load
I 800
II 1000
III 1380
Iv 2000
v 3000
1 -1 464 - - -003
9 -96
1993 Specifications
SPECIAL PROVISION
TO
ITEM 467
SAFETY END TREATMENT
For this project, Item 467, "Safety End Treatment ", 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 467.2. Materials. The second paragraph is voided and replaced
by the following:
Concrete for cast - in -place SET units and precast SET units shall be
Class C.
Article 467.4. Designations is voided and replaced by the following:
467.4. Designations. The type of Safety End Treatments will be
indicated on the plans by the following descriptions:
(1) SET (Type I) .
Box Size: (Span x Height)
Pipe Size: (Diameter or Design)
Slope: Slope will be designated as a ratio of horizontal to
vertical (example 4:1).
Orientation: (Parallel or Cross) Orientation will only be shown
when safety peip runners are required.
(2) SET (Type II).
Pipe Size: (Diameter or Design)
Safety End Treatment Material: (RCP or CRP)
Slope: Slope will be designated as a ratio of horizontal to
vertical (example 4 :1).
Orientation: (Parallel or Cross) Orientation will only be shown
when safety pipe runners are required.
Article 467.6. Measurement. Is voided and replaced by the following:
467.6. Measurement. This Item will be measured as follows:
(1) SET (Type I). Safety End Treatment (Type I) will be measured by
each complete and accepted treatment of each separate barrel of each
separate culvert end.
1 -2
467 - - -003
5 -98
1.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(2) SET (Type II). Safety End Treatment (Type II) will be measured
by each complete and accepted treatment for each separate barrel
(conduit) of each separate culvert end.
Article 467.7. Payment. The first paragraph is 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
unit price bid for the various designations of "Safety End Treatment"
specified as follows:
SET (Type I) (Box or Pipe Size) (Slope) or
SET (Type I) (Box or Pipe Size) (Slope) (Orientation);
SET (Type II) (Pipe Size) (Pipe Material) (Slope) or
SET (Type II) (Pipe Size) (Pipe Material) (Slope) (Orientation).
2 - 2
467 - - -003
5 -98
1993 Specifications
SPECIAL PROVISION
TO
ITEM 502
BARRICADES, SIGNS AND TRAFFIC HANDLING
For this project, Item 502, "Barricades, Signs and Traffic Handling ", 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 502.2. Construction Methods The first paragraph is voided and
replaced by the following:
All barricades, signs and other types of devices listed above shall
conform to the requirements of the plans, the Texas Manual on Uniform
Traffic Control Devices (TMUTCD) and the Compliant Work Zone Traffic
Control Devices (CWZTCD) list. In cases of disagreement between these
documents, the CWZTCD list shall govern over plans, and the TMUTCD shall
govern over both the CWZTCD list and plans.
Article 502.4. Payment. Paragraphs "(1) ", "(2) ", "(4)" and "(6)" are
voided and replaced by the following:
(1) The total payment for this Item will not exceed 10 percent of the
total contract amount prior to "Final Acceptance ". The portion of the
contract amount for this Item in excess of 10 percent of the total
contract amount, less any adjustments as specified below, will be paid
on the next estimate cycle after the retainage estimate.
(2) Payment for this Item will begin on the first payable estimate after
barricades, signs and traffic handling devices have been installed in
accordance with the TCP and construction has begun.
(4) The quantity under this Item will not exceed the total plan quantity
except when modified by change order. Also when work is suspended for
the convenience of the Department, through no fault of the Contractor,
additional quantity may be paid when approved by change order.
(6) If the contract is completed prior to payment of the amount allowed
by (1), (3) and (7), the balance due will be paid on the next estimate
cycle after the retainage estimate. When the plans establish pay items
for particular work called for in the TCP and /or plans, that work will
be measured and paid for under the governing items.
1 -1
502 -- -018
12 -98
1993 Specifications
SPECIAL PROVISION
TO
ITEM 520
WEIGHING AND MEASURING EQUIPMENT
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.
Article 520.2. General Requirements. The third paragraph is voided and
replaced by the following:
The Contractor shall furnish sufficient weights to check the accuracy
and sensitivity of the scales. All weights shall be checked and
certified by the Texas Department of Agriculture, Weights and Measures
Section. All scales shall be satisfactorily insulated against shock,
vibrations or movement of other operating equipment in the plant.
1 -1
520 -- -001
12 -94
1993 Specifications
SPECIAL PROVISION
TO
ITEM 524
HYDRAULIC CEMENT
For this project, Item 524, "Hydraulic Cement ", 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 524.2. Materials, Subarticle (1) Portland Cement. The first
four paragraphs are voided and replaced by the following:
(1) Portland Cement. Type I and Type II portland cements shall conform
to all the requirements of AASHTO M 85, "Portland Cement ", with the
following modifications:
(a) AASHTO M 85 Table 1, Note B, shall be amended to include the
following additional requirements:
There are cases where optimun S03 (using ASTM C 563) for a particular
cement is close to or in excess of the limit in this specification. In
such cases where properties of a cement can be improved by exceeding the
S03 limits stated in the table, it is permissible to exceed the values
in the table provided it has been demonstrated by ASTM C 1038 that the
cement with the increased S03 will not develop expansion in water
exceeding 0.020 percent at 14 days, and that total cement S03 will not
exceed optimum S03 by more than 0.5 percent. When the cement being
produced has a S03 content equal to or greater than 3.0 percent, it must
be demonstrated by ASTM C 265, that the calcium sulfate in the hydrated
mortar at 24 +/- 1/4 h expressed as S03 does not exceed 0.50 g /liter.
When the manufacturer supplies cement under this provision, supporting
documents shall be furnished.
ASTM C 1038 and ASTM C 265 shall be performed on an annual basis as
indicated above and at any time the source of gypsum or any raw material
is changed and at any time the total cement S03 exceeds the highest
value previously tested.
(b) The fineness of Type III cement shall be as follows:
The maximum average Blaine (air permeability test) fineness value shall
be 560 m2 /kg with a maximum single sample value of 580 m2 /kg or the
maximum average Wagner (turbidimiter test) fineness value shall be 310
m2 /kg with a maximum single sample value of 320 m2 /kg.
1 - 3
524 -- - 004
5 -98
(C) The specific surface area requirement for Type I or Type II is
waived on cements used in concrete piling or prestressed members and on
white cement, when white cement is specified, except that it may not
exceed the requirements specified for Type III cement.
(d) The 55 maximum percent of tricalcium silicate for Type II cement is
waived.
Article 524.2. Materials, Subarticle (3) Blended Cement is voided and
replaced with the following:
(3) Blended Cements. Type IP portland - pozzolan and Type IS portland
blast furnace slag cement shall - conform to all the requirements of ASTM
C 595, "Blended Hydraulic Cement" with the following modifications:
(a) Type IP portland - pozzolan shall be a uniform blend of portland
cement and pozzolan produced by intergrinding portland cement clinker,
gypsum and pozzolan, in which the pozzolan constituent is between 20 and
35 percent of the portland - pozzolan cement. The pozzolan shall conform
to the Departmental Material Specification D - 9 - 8900, Class F. Copies of
the Departmental Materials Specification are available from the Texas
Department of Transportation, Construction Division, Materials and
Tests, 125 East llth Street, Austin, Texas 78701.
(b) Type IS portland blast furnace slag cement shall be the moderate
sulfate resistance type, (MS).
Article 524.4. Measurement and Payment is voided and replaced by the
following:
Except as noted below, the work performed, materials furnished and all
labor, tools, equipment and incidentals necessary to complete the work
under this item will not be measured or paid for directly, but will be
considered subsidiary to the various bid items of the contract.
On those projects using cement produced by burning scrap tires as fuel,
an additional payment of $2.00 per ton of cement will be made when scrap
tires comprise 15 percent (by weight) or more of the fuel mixture. This
payment will be in addition to the indirect payment made under the
various bid items as noted on the above paragraph.
On projects with concrete structures, concrete paving, cement treated
materials (delivered) or bulk cement delivered on the project for
treatment of materials in place, and when the total amount of cement
used equals or exceeds 75 tons, the Contractor may request and receive
this additional payment. The Contractor will coordinate with the cement
producer and submit a certification from the cement producer stating
that the cement was produced by burning scrap tires as fuel. The cement
producer must maintain a twelve - month moving percent average of the fuel
mixture. Payment will be based on $2.00 per ton for cement produced
using at least 15 percent of the fuel mixture composed of scrap tires.
If the fuel mixture is composed of a smaller percent of scrap tires, the
payment will be on a pro rata basis. No payment will be made if fuel
2 -3
524 -- -004
5 -98
mixture average is less than 5 percent by mass of scrap tires. Payment
will be based on the twelve -month moving average existing on the date
payment is requested. The Certification must show the tons of cement
used on the project (calculated and furnished by the Contractor), and
the 12 -month moving percentage average of scrap tires used as fuel, as
well as other pertinent project information. The blank certification
form with instructions will be provided by the Department.
Payment will be in accordance with Item 9.4. Force Account and will be
based on invoices submitted by the Contractor. The invoices will be
based on $2.00, or a proration as detailed above, per ton of cement used
and no other charges, overhead, etc. will be allowed. Lump sum payment
requests will be made for 75 tons or more of cement used. Each invoice
will be limited to 2500 tons or less of cement and must be submitted
when that limit is reached. The Contractor may submit the request for
final payment at any time prior to the completion of the project. No
payment request will be accepted if not received, complete with all
documentation, by the date of project acceptance by the State.
3 -3
524 -- -004
5 -98
1993 Specifications
SPECIAL PROVISION
TO
ITEM 526
MEMBRANE CURING
For this project, Standard Specification Item 526, "Membrane Curing" 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 526.2. Materials is voided and replaced by the following:
526.2. Materials. The liquid membrane - forming curing compound shall
comply with Departmental Materials Specification D -9 -8120, "Liquid
Membrane - Forming Compounds for Curing Conrete ". Membrance cure used for
non - structural or non - pavement applications in quantities less than 55
gallons shall meet ASTM C309 and shall be accepted by manufacturer
certification that the material meets ASTM C309.
Copies of Departmental Materials Specifications are available from
the Texas Department of Transportation, 125 East llth Street, Austin,
Texas 78701 -2483.
Sampling and testing of materials required to meet Departmental
Materials Specification D-9 -8120, "Liquid Membrane - Forming Compounds for
Curing Concrete" will be in acccordance with the Department's Manual of
Test Procedures.
Artilce 526.3. Packaging, is voided and replaced by the following:
526.3. Packaging. The compound shall be delivered to the job only in
the manufacturer's original sealed containers. The manufacturer shall
legibly mark these with the brand name of the compound, the type of
compound, and a batch number or symbol with which test samples may be
correlated. All approved containers will be stamped with a Construction
Division approval stamp and the month after which retesting is required.
Article 526.5. Construction Methods. The third paragraph is
supplemented by the following:
Concrete pavement surface shall receive an additional application of
curing compound. The second application should be applied within one
(1) hour after the initial application has dried. It shall be applied
uniformly at the rate of coverage recommended by the manufacturer and
directed by the Engineer, but not less than one (1) gallon per 180
square feet of surface area.
1 -1
526 -- - 003
4 -98
1993 Specifications
SPECIAL PROVISION
TO
ITEM 662
WORK ZONE PAVEMENT MARKINGS
For this project, Item 662, "Work Zone Pavement Markings ", 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 662.3. Materials. The first two paragraphs are voided and
replaced by the following:
All non - removable markings shall be thermoplastic unless otherwise shown
on the plans. Thermoplastic markings shall have a thickness of 60 mils
unless otherwise shown on the plans. All non - removable work zone
markings shall conform to the requirements of Item 666, "Reflectorized
Pavement Markings," except for performance period, measurement and
payment.
All removable markings shall be raised pavement markers, prefabricated
pavement marking material, temporary flexible - reflective roadway marker
tabs or other materials approved by the Engineer.
Thermoplastic or paint and beads shall not be used for removable
markings.
Article 662.3. Materials. The seventh paragraph is supplemented by the
following:
Raised reflective pavement markers shall conform to Departmental
Materials Specification DMS -4300.
Article 662.5. Construction Methods, Subarticle (1) Placement and
Maintenance. The second sentence of the first paragraph is voided and
replaced by the following:
The Contractor shall be responsible for maintaining all work zone
pavement markings for 30 calendar days after installation. Pavement
markings that fail to meet the requirements of this specification for 30
calendar days from the date of installation shall be removed and
replaced by the Contractor at the Contractor's expense. The 30 calendar
day maintenance requirement will be required for replaced markings from
the time the original markings were installed.
Article 662.6. Measurement. The second paragraph is voided and not
replaced.
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1993 Specifications
SPECIAL PROVISION
TO
ITEM 666
REFLECTORIZED PAVEMENT MARKINGS
For this project, Item 666, "Reflectorized Pavement Markings ", 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 chanaged hereby.
Article 666.2. Materials, Subarticle (2) Type II Marking Materials is
voided and replaced by the following:
Type II markings are paint -type materials that are applied at ambient or
slightly elevated temperatures. Type II marking materials shall conform
to Departmental Materials Specifications D -9 -8200, "Traffic Paints" and
D -9 -8290, "Glass Traffic Beads."
For Type I (drop on glass beads only) and Type II markings the
Departmental Materials Specifications D -9 -8290, "Glass Traffic Beads"
dated August 1995, or later, requires a larger diameter glass bead as a
part of the gradation requirements.
Article 666.2. Materials, Subarticle (3) Source of Supply. The first
paragraph is voided and replaced by the following:
All Type I and Type II marking materials shall be purchased on the open
market.
Article 662.2. Materials, Subarticle (3) Source of Supply. The third,
fourth and fifth paragraphs are voided and not replaced.
Article 666.4. Construction Methods, Subarticle (3) Application of Type
I Markings, is supplemented by the following:
When shown in the plans or approved by the Engineer in writing, the
Contractor shall use the following material instead of Type II marking
material as a sealer for Type I markings:
An acrylic sealer consisting of an acrylic resin at 20 percent by weight
of solids applied at an application rate of 0.005 gallon per square foot
applied a minimum of 30 minutes before the application of the Type I
marking.
Article 666.6. Measurement is supplemented by the following:
Acrylic sealer, when used as a sealer for Type I markings, shall be
measured and paid for at the unit price bid for Type II markings.
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1993 Specifications
SPECIAL PROVISION
TO
ITEM 672
RAISED PAVEMENT MARKERS
For this project, Item 672, "Raised Pavement Markers", 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 672.2. Materials. The second sentence of the last paragraph is
voided and replaced by the following:
Epoxy adhesive shall conform to the requirements of Special
Specification, "Epoxy and Adhesives ".
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SPECIAL SPECIFICATION ITEM 4024
CONCRETE FENCING
Page 1 of 1
4024.1 Description. This Item shall govern for the furnishing of concrete fencing complete and in
place at the locations shown on the plans.
4024.2 Design. Unless otherwise shown on the plans, the Contractor shall be responsible for the
accuracy of the concrete fence design. The Contractor shall submit to the Engineer, details and design
calculations bearing the seal of a Registered Professional Engineer for review and approval. All Toads and
allowable stresses shall comply with a standard design as detailed in the plans and designed for a wind load of
70 M.P.H.
4024.3 Materials. The Contractor shall furnish concrete fencing that meets or exceeds the design
requirements as detailed in the plans and in this Special Specification. The fence shall be an earth tone color as
selected by the Engineer. The color shall be incorporated into the concrete mixture used for the fence
components at the time of casting.
4024.4 Construction Methods. The construction methods used for concrete fencing shall be in
accordance with applicable Specifications and the manufacture's installation requirements.
4024.5 Measurement. This Item shall be measured by the linear foot of fencing along the lines
shown on the plans.
4024.6 Payment. The work performed and materials furnished with this item and measured as
provided under "Measurement" will be paid for at the unit price bid for "Concrete Fencing ". This price shall
be full compensation for furnishing and placing all concrete fencing; for design of the fencing; for all necessary
excavation; foundations; attachments; and for all labor, tools, equipment and incidentals necessary to complete
the work.
1993 Specifications
1. DESCRIPTION. This Item shall govern for the construction of
Temporary Earth Walls in accordance with these specifications and with
the lines, grades and dimensions shown on the plans.
The temporary earth wall shall be a mechanically stabilized earth wall
and shall be designed by a registered professional engineer, registered
in Texas.
2. DESIGN DRAWINGS. Prior to fabrication or construction, the
Contractor shall submit to the Engineer five (5) sets of construction
drawings and two (2) sets of design calculations. The drawings shall
include a layout for construction sequencing and details for temporary
forms and shoring.
3. MATERIALS. The materials, reinforcements and their properties
shall be as approved through submitted design drawings.
The facing of the retaining wall shall be fabricated of steel sheeting
or welded wire fabric. The facing material shall be rigid enough to
maintain a smooth and straight wall face both during and after
construction. If welded wire fabric is used, filter fabric shall be
placed behind the face to prevent migration or erosion of backfill.
Filter fabric shall conform to Department Specification D -9 -6200,
"Filter Fabric ". Filter fabric shall be rated as UV resistant by the
Manufacturer.
All backfill material used in the structure volume shall be reasonably
free from organic and otherwise deleterious materials and shall conform
to the following gradation limits as determined by Test Method Tex -110-
E:
Sieve Size Percent Passing
2 Inches
No. 200
In addition, if the fraction finer
and 35 %, the backfill must conform
requirements:
A. The Plasticity Index (P.I.)
Tex -106 -E shall not exceed 15.
SPECIAL SPECIFICATION
ITEM 4248
TEMPORARY EARTH WALLS
1 -2
100
0 -35
than the No. 200 sieve is between 20%
to the following additional
As determined by Test Method
4248.000
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B. The material, when compacted at 95% of Da density as determined
by Test Method Tex -114 -E at optimum moisture content, shall exhibit
an angle of internal friction of not leas than 25 degrees as
determined by Test Method Tex - 117 -E.
Backfill material in the two feet imediately behind the wall face shall
be clean coarse rock which conforms to the grading requirements of
concrete coarse aggregate Grade 1, 2, or 3. In lieu of the coarse rock,
the Contractor shall have the option of using backfill stabilized with 5
percent portland cement by dry weight of the backfill material.
4. TESTING AND INSPECTION. Acceptability of facing materials and
soil reinforcements will be determined on the basis of manufacturer
published material properties, properties used in the design process and
visual inspection.
5. CONSTRUCTION METHODS. Construction of temporary earth walls
shall be in accordance with the manufacturers specifications, in
conjunction with Item 132, "Embankment ". The construction sequence,
location of reinforcement and filter fabric will be as approved on the
Construction Drawings.
Positive means shall be provided to prevent drainage of water over or
along the face of the wall. Methods may include placement of temporary
curbs or berms, grading of fill away from walls, or other measures as
directed by the Engineer.
6. MEASUREMENT. When shown on the plans and in the proposal as a
bid item, "Temporary Earth Walls" will be measured by square foot of
acceptable wall in place.
When not shown in the plans and in the proposal as a bid item, "Temporary
Earth Walls" will not be measured or paid for directly but will be
considered subsidiary to the various bid items in the contract.
7. PAYMENT. The work performed and materials furnished will be
paid for as specified above.
This price shall be full compensation for furnishing all labor and
materials including temporary forms, shoring, tools, equipment and
incidentals necessary to complete the work.
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1993 Specifications
SPECIAL SPECIFICATION
ITEM 5004
TEMPORARY EROSION, SEDIMENTATION
AND WATER POLLUTION PREVENTION AND CONTROL
1. DESCRIPTION. This Item shall govern the control measures necessary
to prevent and control soil erosion, sedimentation and water
pollution which may degrade receiving waters including rivers,
streams, lakes, reservoirs, tidal waters, groundwater and wetlands.
The control measures contained herein shall be installed and
maintained throughout the construction contract and coordinated with
the permanent or existing temporary pollution control features
specified elsewhere on the plans and in the specifications to assure
effective and continuous water pollution control throughout the
construction and post construction period. These control measures
shall not be used as a substitute for the permanent pollution control
measures unless otherwise directed by the Engineer in writing. The
controls may include sediment control fences, baled hay, rock filter
dams, dikes, swales, sediment traps and basins, pipe slope drains,
paved flumes, construction exits, temporary seeding, sodding,
mulching, soil retention blankets or other structural or non-
structural water pollution controls. This item does not apply to
commercial operations.
2. ITEMS OF WORK AND MATERIALS. The items, estimated quantities and
locations of the control measures will be shown on the plans;
however, the Engineer may increase or decrease the quantity of these
items as the need arises. The materials will be shown on the plans
and in the specifications. The Engineer may allow other materials
and work as the need arises and as approved in writing.
3. PRECONSTRUCTION SUBMITTALS.
A. OPERATIONS ON RIGHT OF WAY
Prior to the start of construction, the Contractor shall submit
to the Engineer, for written approval, schedules for
accomplishment of the pollution control measures in accordance
with the Storm Water Pollution Prevention Plan (SW3P). A plan
for the disposal of waste materials generated on the project site
must be submitted for approval, also. The Contractor shall
submit to the Engineer, for written approval, the proposed SW3P
for the industrial activities (such as hot mix plants, concrete
batch plants, or material handling areas) on the right of way.
B. OPERATIONS OFF RIGHT OF WAY
The Contractor shall provide the Engineer, for information
purposes, proposed methods of pollution control for Contractor
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operations in areas which are outside the right of way (such as
construction and haul roads, field offices, equipment and supply
areas, and material sources).
Pollution control measures for the Contractor's facilities off
the right of way are not covered by the Department's
Environmental Protection Agency (EPA) NPDES general permit. The
Contractor shall obtain his own Notice of Intent for the off -site
operations. These pollution controls will not be measured for
payment but shall be performed at the Contractor's expense. For
facilities off the right of way, the Contractor is responsible
for obtaining all permits required by any governmental entity as
outlined in Article 7.2.
4. CONSTRUCTION REQUIREMENTS.
A. The Contractor shall provide control measures to prevent or
minimize the impact to receiving waters as required by the plans
and /or as directed by the Engineer in writing. Storm water
discharges associated with industrial activities (such as hot mix
plants, concrete batch plants or material handling areas) within
the right of way must comply with the terms of the EPA's NPDES
general permit.
For areas of the State which have an average annual rainfall less
than 20 inches and where construction operations have ceased for
an extended period of time, the disturbed area shall be
stabilized as soon as possible. For all areas of the State with .
an average annual rainfall greater than 20 inches, in any
disturbed area where construction activities have ceased,
permanently or temporarily, the Contractor shall initiate
stabilization of the area by the use of seeding, mulching, soil
retention blankets or other appropriate measures within 14 days,
except in areas where construction activities are scheduled to
resume within 21 days.
The Contractor shall effectively prevent and control erosion and
sedimentation on the site at the earliest practicable time as
outlined in the approved schedule. Control measures, where
applicable, will be implemented prior to the commencement of each
construction operation or immediately after the area has been
disturbed.
The Contractor shall limit the amount of disturbed earth to the
area(s) shown on the plans or as directed by the Engineer. The
Engineer has the authority to limit the disturbed surface area
exposed by construction operations. If, in the opinion of the
Engineer, the Contractor is not able to effectively control soil
erosion and sedimentation resulting from construction operations,
the Engineer will limit the amount of disturbed area to that
which the Contractor is able to control.
Should the control measures fail to function effectively, the
Contractor shall act immediately to bring the erosion and
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sedimentation under control by maintaining existing controls or
by providing additional controls as directed by the Engineer.
When in the opinion of the Engineer the site is adequately
stabilized, the control measures, excepting mulches and soil
retention blankets, will be removed and properly disposed of by
the Contractor. Soil retention blankets shall be removed only
when, in the opinion of the Engineer, final permanent perennial
seeding would be adversely affected by the presence of an
existing soil retention blanket.
All erosion, sediment and water pollution controls will be
maintained in good working order. A rain gauge provided by the
Department will be located at the project site. Within 24 hours
of a rainfall event of 0.5 inch or more as measured by the
project rain gauge, the Contractor and Engineer will inspect the
entire project to determine the condition of the control
measures. Sediment will be removed and devices repaired as soon
as practicable but no later than 7 days after the surrounding
exposed ground has dried sufficiently to prevent further damage
from equipment needed for repair operations.
In the event of continuous rainfall over a 24 -hour period, or
other circumstances that preclude equipment operation in the
area, the Contractor will hand carry and install additional
backup devices as determined by the Engineer. The Contractor
will remove silt accumulations and deposit the spoils in an area
approved by the Engineer as soon as practical. Any corrective
action needed for the control measures will be accomplished in
the sequence directed by the Engineer, however areas adjacent to
waterbodies shall generally have priority followed by devices
protecting storm sewer inlets.
B. The Contractor shall also conform to the following practices and
controls. All labor, tools, equipment and incidentals to
complete the following work will not be paid for directly but
shall be considered as subsidiary work to the various items
included in the contract, unless otherwise noted.
(1) Disposal areas, stockpiles and haul roads shall be
constructed in a manner that will minimize and control the
amount of sediment that may enter receiving waters. Disposal
areas shall not be located in any wetland, waterbody or
streambed. Construction roads may not be located in or cross
any waterbody or streambed without prior approval of the
Engineer and shall be done in compliance with applicable
rules and regulations.
(2) Constuction operations in rivers, streams, lakes, tidal
water wetlands and other waterbodies shall be restricted to
those areas where it is necessary to perform the work shown
on the plans. Wherever streams are crossed, temporary
bridges, timber mats or other structures shall be used.
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(3) Protected storage for paints, chemicals, solvents,
fertilizers and other potentially toxic materials will be
provided by the Contractor at a location approved by the
Engineer.
(4) Construction staging areas and vehicle maintenance areas
shall be constructed by the Contractor in a manner to
minimize the runoff of pollutants. Those areas located on
the right of way must be approved by the Engineer. The
Contractor shall prevent pollution of receiving waters with
petroleum products or other hazardous or regulated
substances. When work areas or material sources are located
adjacent to a waterbody, control measures shall be used to
keep sediment and other contaminants from entering the
adjacent waterbody. Control devices located on the right of
way will be measured for payment. Care shall be taken during
the construction and removal of control measures to minimize
down - gradient sedimentation.
(5) All waterways shall be cleared as soon as practicable of
temporary embankment, temporary bridges, matting, falsework,
piling, debris or other obstructions placed during
construction operations that are not a part of the finished
work.
(6) Disturbance of vegetation shall be minimized and limited
to only what is shown on the construction plans or as
directed by the Engineer in writing.
(7) The Contractor shall clean paved surfaces as necessary to
remove sediment which has accumulated on the roadway.
C. The project will not be accepted until the Contractor provides a
uniform perennial vegetative cover with a density of 70 5 of
adjacent undisturbed areas, or, if in the opinion of the
Engineer, permanent measures (such as riprap, gabions, or
geotextiles), supplemented by temporary measures (such as
mulching with seed, hay bales, sediment control fences, earth
dams, etc.) have been employed that will control erosion,
sedimentation and water pollution until sufficient vegetative
cover can be established.
5. MEASUREMENT AND PAYMENT. If the Contractor is required to install
temporary erosion, sediment and water pollution control measures due
to his negligence, carelessness, lack of maintenance, or failure to
install permanent controls as a part of the work as scheduled, and
measures are ordered in writing by the Engineer, such work shall not
be measured for payment but shall be performed at the Contractor's
expense. All labor, tools, equipment and incidentals to complete the
work specified under Subarticle 4.(3) will not be paid for under
applicable contract bid items but will be considered subsidiary to
the various bid items, unless otherwise noted.
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When the need for control measures can not be attributed to the
Contractor's negligence, carelessness, lack of maintenance or failure
to install permanent water pollution control measures and these
measures are shown on the plans and /or directed by the Engineer,
these measures shall be measured and paid for in accordance with
applicable contract bid items. For work performed under the
requirements of this item which is not comparable to work performed
under contract bid items, such work shall be performed on a force
account basis in accordance with Item 9 or by agreed unit prices.
Removal of control measures not incorporated as permanent control
measures shall be measured and paid for in accordance with applicable
contract bid items.
In case of failure on the part of the Contractor to prevent and
control soil erosion, sedimentation and water pollution which may
degrade receiving water, the Engineer reserves the right to employ
outside assistance or to use State forces to provide the necessary
corrective measures. All costs including engineering costs will be
deducted from any moneys due or to become due to the Contractor.
Pollution control measures may be applicable to Contractor operations
outside the right of way where such work is necessary as a result of
roadway related construction such as construction and haul roads,
field offices, equipment and supply areas, and material sources.
Pollution control measures outside the right of way will not be
measured for payment but shall be performed at the Contractor's
expense.
5 -5 5004.000
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1993 Specifications
SPECIAL SPECIFICATION
ITEM 5005
ROCK FILTER DAMS FOR EROSION AND SEDIMENTATION CONTROL
1. DESCRIPTION. This Item shall govern for the materials to be
furnished and for the installation, maintenance and removal of rock
filter dams of the dimensions shown on the plans. The rock filter
dams shall be constructed at the locations shown on the plans and as
directed by the Engineer. This Item will be used during construction
to control erosion and sedimentation.
2. MATERIALS. Unless otherwise specified, all aggregate used for the
construction of the rock filter dams shall be hard, durable, clean,
open - graded, and shall naturally resist crumbling, flaking and
eroding. Aggregate gradation shall be 3 to 6 inches for rock filter
dams Types 1, 2 and 4 and shall be 4 to 8 inches for Type 3.
The galvanized steel wire mesh and tie wires for Types 2 and 3 shall
be a minimum 20 gauge unless specified otherwise on the plans.
For Type 4: steel wire mesh shall utilize a double twisted hexagonal
weave; mesh opening shall be a nominal 2.50" x 3.25 "; steel wire for
netting shall be 0.0866" (U.S. Gauge No. 13) minimum; steel wire for
selvedges and corners shall be 0.1063" (U.S. Gauge No. 11) minimum;
and binding or tie wire shall be 0.0866" (U.S. Gauge No. 13) minimum.
Unless otherwise specified, the sandbag material shall be made of
polypropylene, polyethylene or polyamide woven fabric, minimum unit
weight four (4) ounces per square yard, Mullen burst strength
exceeding 300 psi and ultraviolet stability exceeding 70 percent.
The sandbag size shall be 24 to 30 inches in length, 16 to 18 inches
in width, six (6) to eight (8) inches thick and weigh 90 to 125
pounds. The sand shall be coarse grade.
3. CONSTRUCTION METHODS. Trees, brush, stumps and other objectionable
material shall be removed and disposed of as necessary so as not to
interfere with the construction of the filter dams.
The filter dams shall be constructed according to the following
criteria unless otherwise shown on the plans:
(1) Type 1 (non- reinforced).
Height - 18 inches minimum, measured vertically from existing
ground to top of filter dam.
Top Width - 2 feet minimum
Slopes - 2:1 maximum
(2) Type 2 (reinforced).
Height - 18 inches minimum, measured vertically from existing
ground to top of filter dam.
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Top Width - 2 feet minimum
Slopes - 2:1 maximum
The aggregate shall be placed on the galvanized wire mesh to the
lines, height and slopes specified without resulting in undue
voids, and to the satisfaction of the Engineer. The mesh shall
be folded at the upstream side over the aggregate and secured to
itself on the downstream side. The mesh shall be attached to
itself with wire ties, hog rings, or as directed by the Engineer.
(3) Type 3 (reinforced).
Height - 36 inches minimum, measured vertically from existing
ground to top of filter dam.
Top Width - 2 feet minimum
Slopes - 2:1 maximum
The aggregate shall be placed an the galvanized wire mesh to the
lines, height and slopes specified without resulting in undue
voids, and to the satisfaction of the Engineer. The mesh shall
be folded at the upstream side over the aggregate and secured to
itself on the downstream side. The mesh shall be attached to
itself with wire ties, hog rings, or as directed by the Engineer.
(4) Type 4 (Sack Gabions). Sack gabions are supplied folded flat,
packed in bundles. Single sacks shall be removed from the
bundle, unfolded flat on the ground, and all kinks and bends
stepped out.
For vertical filling, the two sides edge wires are connected by
using the lacing wire in a "single loop - double loop" pattern on
a 4" to 5" spacing. At one end, the "end lacing rod" must be
pulled tight, wrapped around the end and twisted 4 times. At the
filling end, the rod shall be pulled tight, cut, leaving about 6"
length and twisted 4 times.
For horizontal filling, the sack shall be placed flat in a
filling trough, filled with stone and then sides connected as
described above. The ends shall be secured as described above.
Lifting and placing shall be accomplished by placing a No. 6
rebar (or equal) 5' long in the mesh, perpendicularly to the
longitudinal axis and close to the knot of one end. Lifting
should be made from the central point. Sack gabions shall
conform to existing contours.
(5) Type 5. Type 5 as shown on the plans.
4. MAINTENANCE. The area upstream from the filter dams shall be
maintained in a condition which will allow sediment to be removed
following the runoff of a rainfall event. When the silt reaches a
depth equal to 1/3 the height of the dam or 1 foot, whichever is
less, the Contractor shall remove the accumulated sediment and
dispose of it at an approved site in a manner that will not
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contribute to additional siltation. The filter dams shall be
reshaped as needed and as directed by the Engineer.
The filter dams shall be maintained in place until all upstream areas
are adequately stabilized. When the Special Specification,
"Temporary Erosion, Sedimentation and Water Pollution Prevention and
Control" is in the contract, stabilization shall be as described in
Subarticle 4.0 of that specification. The area beneath the filter
dams and area damaged by the removal process shall then be stabilized
by the Contractor using appropriate methods as approved by the
Engineer.
5. MEASUREMENT. This Item will be measured by the linear foot or by the
cubic yard, as shown on the plans. When measured by the linear foot,
measurement will be along the centerline of the top of the dam. When
measured by the cubic yard, measurement will be the volume of rock
computed in its final position by the method of average end areas or
in vehicles at the point of delivery. The measured volume will
include sandbags, if they are used.
Each time the Engineer directs that the filter dam (or portions
thereof) be removed or removed and replaced, it will be measured for
payment.
6. 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 price bid for "Rock Filter Dams ", of the type
specified. This price shall be full compensation for furnishing all
material; finish backfill and grading; lacing; and for all tools,
equipment, labor and incidentals necessary for the construction and
maintenance (except as shown below) of the filter dams.
When the Engineer 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 Replace) ", of the type
specified. This price shall be full compensation for the removal and
replacement of the rock filter dam and for all manipulations, labor,
tools, equipment and incidentals necessary to complete the work.
The removal of accumulated sediment deposits, as described under
"Maintenance ", will be measured and paid for under the pertinent bid
items of the Special Specification, "Earthwork for Erosion Control ".
The work performed in the final removal of the rock filter dam
installation as described under "Maintenance" and measured as
provided above will be paid for at the unit price bid for "Rock
Filter Dam (Remove)" of the type specified. This price shall be full
compensation for removing the dam from the existing location and
properly disposing of it and for all manipulations, labor, tools,
equipment and incidentals necessary to complete the work.
Stabilization (as described under "Maintenance ") will be measured and
paid for under the various pertinent bid items.
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1993 Specifications
SPECIAL SPECIFICATION
ITEM 5012
EARTHWORK FOR EROSION CONTROL
1. DESCRIPTION. This Item shall govern the excavation, embankment and
proper disposal operations of the required material necessary for the
construction of dikes, swales, sediment basins and traps, and other
earthwork measures needed for temporary erosion control. This Item
shall also govern the removal and proper disposal of accumulated
sediment in all erosion control installations as directed by the
Engineer. Materials may be furnished from required excavation in the
areas shown on the plans or from off right of way sources obtained by
the Contractor and approved by the Engineer. Excavation shall
include all materials encountered regardless of their nature or of
the manner in which they are removed.
2. MATERIALS. Embankment material shall consist of suitable earth
material such as rock, loam, clay or other such materials, as
approved by the Engineer that will form a stable embankment.
Pipe outlet material shall conform to Item 556, "Pipe Underdrains ",
or as accepted by the Engineer and will not be paid for directly but .
shall be considered as subsidiary to this item.
The sandbag material shall be made of polypropylene, polyethylene or
polyamide woven fabric, minimum unit weight 4 ounces /square yard,
Mullen burst strength exceeding 300 psi and ultraviolet stability
exceeding 70%.
3. EQUIPMENT. All equipment shall be approved by the Engineer prior to
use and shall be able to efficiently produce the desired results.
The equipment shall be tight and in good operating condition. The
equipment will consist of the following as specified on the plans,
except that when the bid item "Earthwork (Erosion Control)" is used,
the equipment used for excavation and embankment is at the
Contractor's option.
(1) Dragline. The equipment shall be self - propelled and equipped
with a bucket of 1/2 cubic yard capacity or more.
(2) Backhoe. The equipment shall be a tractor mounted backhoe
capable of excavating a trench at least 12 inches wide in one
pass.
(3) Excavator. The equipment shall consist of a hydraulic excavator
with a retractable, telescoping, rotatable boom and attached
interchangeable excavating or grading bucket of not less than 36
inch width. The entire excavating mechanism shall be mounted on
a platform which rotates on a turntable assembly.
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(4) Front End Loader. The equipment shall consist of a tractor
mounted front end loader with a minimum bucket capacity of 1 -1/4
cubic yards.
(5) Blade. The equipment shall be a power maintainer and have dual
or four - wheel drive. It shall be equipped with pneumatic tires
and have a blade of not less than 12 feet in length, and a wheel
base of not less than 16 feet. Unless the maintainer is equipped
with a satisfactory scarifier attachment, a scarifier of approved
type shall be provided.
(6) Scraper. The equipment shall consist of a scraper of not less
than 8 cubic yards capacity (as rated loaded flush by the
manufacturer) and shall be self propelled or drawn by suitable
power equipment of adequate tractive effort. The equipment shall
be capable of self loading to capacity or additional necessary
power equipment shall be provided to push or pull the scraper
unit to load to capacity.
(7) Bulldozer. The equipment shall consist of a tractor with a
bulldozer attachment, shall be either of the crawler type or
rubber tired type and shall be of adequate tractive effort to
perform the work in an efficient manner. The bulldozer
attachment shall have not less than an 8 -foot blade.
4. CONSTRUCTION METHODS. All excavation and embankment operations
required for the roadway sections shall be performed in such a manner
as to minimize erosion.
Earth dikes, swales or combinations of the two should be placed along
the low crown of daily lift placement or as directed by the Engineer
to prevent runoff spillover. Swales and dikes should be placed at
other locations as shown on the plans or as directed by the Engineer
to intercept or divert runoff. Cuts should be constructed with the
low end blocked with undisturbed earth to prevent uncontrolled
erosion of sidehills.
Sediment traps should be constructed upstream and /or downstream at
drainage structures, in conjunction with other erosion control
measures, as directed by the Engineer, or as shown on the plans.
For drainage locations that serve an area with 10 or more disturbed
acres at one time not including offsite areas, a sediment basin
providing 3600 cubic feet of storage per acre drained, or equivalent
control measures, may be provided where attainable.
(1) Excavation For Erosion Control Features. All excavation for
erosion control shall be performed as specified herein and shall
conform to the established alignment, grades and cross sections
as shown on the plans or as directed by the Engineer.
All excavated materials shall become the property of the
Contractor, unless otherwise shown on the plans. Suitable
excavated materials, including topsoil, may be furnished by the
2 -4 5012.000
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Contractor and utilized in constructing the required earth
embankment erosion control sections. All excavation not utilized
in constructing the required roadway sections shall be disposed
of by the Contractor at a location suitable to the Engineer and
in a manner that will not contribute to additional siltation.
(2) Earth Embankment For Erosion Control Features. Prior to placing
any embankment, all "Preparing of Right of Way" operations shall
have been completed on the areas over which the embankment is to
be placed, consistent with scheduled sequence of work operations.
Embankment shall be sprinkled and compacted to the extent
necessary to meet the intended purpose for the proposed feature,
as directed by the Engineer.
5. MAINTENANCE. After completion of the earthen erosion control
installation, it shall be continuously maintained to the finished
dimensions until all upstream areas are adequately stabilized. When
the Special Specification, "Temporary Erosion, Sedimentation and
Water Pollution Prevention and Control ", is in the contract,
stabilization shall be as described in Subarticle 4.C. of that
specification, or as directed by the Engineer. Repair and reshaping
of these earthen erosion control features, as directed by the
Engineer, shall be measured for payment.
Earthwork erosion control installations which are to be in place for
more than 14 calendar days shall be stabilized by seeding or other
methods as approved by the Engineer.
Removal of the earthen erosion control installations shall be by
excavation and embankment requirements as herein specified unless
otherwise directed by the Engineer. Any area exposed and
unstabilized by the removal process shall be stabilized by the
Contractor using appropriate methods as approved by the Engineer.
Removal of accumulated sediment as directed by the Engineer shall be
in accordance with excavation requirements as herein specified and
shall be measured for payment.
6. MEASUREMENT. This Item will be measured by the method described as
either Class 1, 2 or 3 as follows and as specified on the plans:
When Class 1 measurement is specified, this Item will be measured by
the actual number of hours the equipment is operated as directed by
the Engineer.
When Class 2 measurement is specified, excavation will be measured by
the cubic yard in its original position and the volume computed by
the method of average end areas, and embankment will be measured by
the cubic yard in its final position as the volume of embankment
computed in place between (1) the original ground surfaces or the
surface upon which the embankment is to be constructed, and (2) the
lines, grades and slopes of the accepted embankment, by the average
end area method.
3 - 4 5012.000
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When Class 3 measurement is specified, excavation or embankment will
be measured by the cubic yard in vehicles leaving the work site or as
delivered to the work site, respectively.
Shrinkage or swellage factors will not be considered in determining
the calculated quantities.
7. 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 price bid for "Earthwork (Erosion Control) ",
"Dragline Work (Erosion Control) ", "Backhoe Work (Erosion Control) ",
"Excavator Work (Erosion Control) ", "Front End Loader Work (Erosion
Control) ", "Blading Work (Erosion Control) ", "Scraper Work (Erosion
Control)" or "Bulldozer Work (Erosion Control) ", as specified on the
plans, of the measurement class specified. This price shall be full
compensation for all excavation (including removal of accumulated
sediment in various erosion control installations as directed by the
Engineer, hauling and all work required for disposal of material not
used elsewhere on the project); for embankment (including furnishing
material from approved sources and hauling); for furnishing and
installing pipe outfall devices, sandbags and plywood as specified;
for the additional cost of necessary stage construction for curb
inlets involved in curb -inlet sediment traps; for furnishing all
labor; and for all royalty, tools, equipment and incidentals
necessary to complete the work.
When the bid item "Earthwork ( Erosion Control)" is used, only Class 2
or 3 measurement will be used.
Unless otherwise shown on the plans, all sprinkling and rolling
performed as required by this item will not be paid for directly but
shall be considered as subsidiary to this item.
Other special treatments not considered subsidiary to this
specification (such as rock filter dams, pipe slope drains, paved
flumes, etc.) will be measured and paid for under the applicable
erosion control special specifications.
Stabilization (as described under "Maintenance ") will be measured and
paid for under the various pertinent bid items.
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1993 Specifications
1. DESCRIPTION. This Item shall govern for the materials to be
furnished and for the installation, maintenance and removal of
temporary sediment control fence of the dimensions shown on the
plans. This Item will be used temporarily during construction to
control erosion and sedimentation.
2. MATERIALS.
SPECIAL SPECIFICATION
ITEM 5249
TEMPORARY SEDIMENT CONTROL FENCE
(1) Fence Description. The fence shall be a net - reinforced fence,
using woven geotextile fabric.
(2) Fabric. Fabric materials shall meet the requirements of
Departmental Materials Specification D -9 -6230, "Temporary
Sediment Control Fence Fabric ".
(3) Posts. Posts shall be a minimum of 48 inches long, essentially
straight, and shall be wood or steel, unless otherwise shown on
the plans. Soft wood posts shall be at least 3 inches in
diameter or nominal 2 x 4 inches. Hardwood posts shall have a
minimum cross- section of 1.5 x 1.5 inches. Steel posts shall
be "T" or "L" shaped with a minimum weight of 1.3 pounds per
linear foot.
(4) Net Reinforcement. Net reinforcement shall be galvanized
welded wire mesh of a minimum 12.5 -gauge wire or equal as
approved by the Engineer with a maximum opening size of 2 x 4
inches and shall be at least 24 inches wide unless otherwise
shown on the plans.
(5)
Staples. Staples used to secure reinforcement and fabric to
wood posts shall have a crown at least 3/4 inches wide and legs
1/2 inches long.
(6) Used Materials. Previously -used materials from other TxDOT
projects, meeting the above requirements and when approved by
the Engineer, may be used. Previously used materials from
within the project shall be used whenever possible.
3. CONSTRUCTION METHODS. The temporary sediment control fence shall be
used during construction near the downstream perimeter of a
disturbed area to intercept sediment from sheer flow. The fence may
be incorporated into the erosion control measures used to control
sediment in areas of higher flow. The fence installation methods
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shall be as specified below unless otherwise shown on the plans.
The physical alignment and location of the fence shall be as shown
on the plans or as directed by the Engineer.
(1) Installation of Posts. Posts shall be embedded to 18 inches
deep, or adequately anchored if in rock, with a spacing of 6 to
8 feet, and installed on a slight angle toward the anticipated
run -off source.
(2) Fabric Anchoring. Trenches shall be dug along the uphill side
of the fence to anchor 6 to 8 inches of fabric. The trench
shall have a minimum cross section of 6 x 6 inches. The fabric
is against the side of the trench and approximately 2 inches of
fabric is across the bottom in the upstream direction. The
trench shall then be backfilled and hand tamped as approved by
the Engineer.
(3) Fabric Attachment. The reinforcement shall be attached to the
end poste, if wood, by staples, or if steel, by T -clips or sewn
vertical pockets at a minimum of four (4) locations. The
reinforcement shall be attached to each succeeding post as
approved by the Engineer. The ends of successive reinforcement
sheets or rolls shall be connected at a fence post at least six
(6) times with hog rings.
The fabric shall be fastened to the top strand of reinforcement
by hog rings or cord at a maximum spacing of 15 inches.
(4) Fabric Splices. Splices shall occur at a fence post and shall
have a minimum lap of 6 inches attached in at least six (6)
places. Splices in concentrated flow areas will not be
permitted.
When removing temporary sediment control fence that is suitable for
relocation, the Contractor shall take all necessary measures to
maintain the fabric in the best condition.
Requirements for installation of used temporary sediment control
fence shall include:
(1) Minimal or no visible signs of biodegradation (weak
fibers)
(2) No excessive patching every 15 to 20 linear foot.
(3) Posts must not be bent and backing must not have
holes.
4. MAINTENANCE. The temporary sediment control fence shall be
maintained in good condition (including staking, anchoring, tension
adjustments, etc.) By the Contractor. All necessary work and
materials to maintain the integrity of the fence, including keeping
fabric free of accumulated silt, debris, etc., shall be provided
until earthwork construction and permanent erosion control features
are in place, and /or the disturbed area has been adequately
2 -4 5249.000
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stabilized. When the Special Specification, "Temporary Erosion,
Sedimentation, and Water Pollution Prevention and Control ", is in
the contract, stabilization shall be as described in Subarticle
4.C. of that specification. The areas damaged by the removal
process shall be stabilized by the Contractor using appropriate
methods as approved by the Engineer.
Torn or punctured fabric shall be repaired by the placement of a
patch consisting of an additional layer of fabric over the damaged
area. The patch shall have a minimum overlap of 18 inches in all
directions and be securely attached to the repaired fabric.
When the accumulated sediment deposit reaches a depth of
approximately 6 inches, it shall be removed and disposed of at
approved sites in a manner that will not contribute to additional
siltation. If the structure ceases to function as intended, the
Engineer may direct that the fence or portions thereof be replaced.
Such replacement will be measured for payment.
5. MEASUREMENT. Temporary sediment control fence will be measured by
the linear foot of fence, complete in place, measurement being made
along the ceternline of the top of the fence.
Each time the Engineer directs that the temporary sediment control
fence (or portions thereof) be removed or removed and replaced, it
will be measured by the linear foot for payment.
6. 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 price bid for "Temporary Sediment Control
Fence ". This price shall be full compensation for furnishing,
placing and maintenance of the fence (except as shown below); for
all required trenching, fence poste, fabric and backfill; and for
all labor, tools, equipment and incidentals necessary to complete
the work.
When the Engineer directs that the temporary sedimentation control
fence installation (or portions thereof) be replaced, payment will
be made at the unit price, bid for "Temporary Sediment Control Fence
(Remove and Replace) ". This price shall be full compensation for
the removal and replacement of the fence installation and for all
manipulations, labor, tools, equipment and incidentals necessary to
complete the work.
No non - damaged material will be removed from the project until such
time that no new installations or replacements will be required.
All sound materials removed from project installations will be
placed or stockpiled for project placement or replacement. No new
material will be accepted when stockpiled material is available for
use. The Contractor retains ownership of the stockpiled material.
The removal of accumulated sediment deposits, as described under
"Maintenance ", will be measured and paid for under the pertinent bid
items of the Special Specification, "Earthwork for Erosion Control ".
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The work performed in the final removal of the temporary sediment
control fence installation as described under "Maintenance" and
measured under "Measurement" will be paid for at the unit price bid
for "Temporary Sediment Control Fence (Remove) ". This price shall
be full compensation for removing the fence from the existing
location, for stockpiling for future use, for proper disposal of
damaged material, and for all manipulations, labor, tools, equipment
and incidentals necessary to complete the work.
Stabilization (as described under "Maintenance ") will be measured
and paid for under the various pertinent bid items.
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1993 Specifications
SPECIAL SPECIFICATION
ITEM 5295
EPDXY AND ADHESIVES
1. DESCRIPTION. This Item shall govern the various types of epoxy
and adhesive materials shown on the plans and in this Item.
2. MATERIALS. The materials described herein shall be in
accordance with Departmental Materials Specification D -9 -6100.
Additional information regarding epoxy and adhesive characteristics and
copies of specification D -9 -6100 are available from the Texas Department
of Transportation, Materials and Tests Division, 125 East 11th Street,
Austin, Texas 78701 -2483. All these materials shall consist of a resin
component and a hardener component which are mixed just prior to use of
the finished epoxy. Unless otherwise shown on the plans, epoxy shall
not be used if the substrate temperature is below 10 C. The materials
covered by this Item are as follows:
(1) Precast Concrete Segment Adhesive
(2) Traffic Marker Adhesives
(3) Dowel and Tie Bars Adhesive
(4) Concrete Adhesives
(5) Binder for Producing Grout or Concrete
(6) Epoxy for Crack Injection
(7) Epoxy Coating for Concrete
3. Types. The various types of epoxy and adhesive materials and
their uses are described below:
(1) Precast Concrete Segment Adhesive. Type I. The following
formulations shall be used for the joining of precast bridge segments.
Class A Low Temperature Epoxy System. This formulation
shall provide a fast reacting system for placement
when the concrete temperaure is between 4 and 16 C.
Class B Medium Temperature Epoxy System. This formulation
is suitable for placement when the concrete
temperature is between 13 and 27 C.
Class C High Temperature Epoxy System. This formulation is
suitable for placement when the concrete temperature
is between 25 and 41 C.
(2) Traffic Marker Adhesive. Type II. This adhesive is suitable
for application on portland cement concrete pavements.
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Type II Medium Setting Marker Adhesive. This material is
suitable for placing ceramic, plastic or metal markers to roadway and
bridge surfaces. This adhesive is designed for machine application.
Unless otherwise shown on the plans, epoxy shall not be used if the
substrate temperature is below 10 C.
(3) Dowel and Tie Bars Adhesive. Type III. The following
formulations are used to anchor dowel and tie bars in concrete. These
materials are suitable to bond steel to hardened concrete. These
materials are not restricted to epoxies.
Class A Two component adhesive consisting of a resin and a
hardener or catalyzing agent to be used in
horizontal application.
Class E Two component adhesive consisting of a resin and a
hardener or catalyzing agent to be used in vertical
application.
Class C Two -part adhesive provided in a prepackaged
configuration for use in either horizontal or
vertical application.
(4) Concrete Adhesives. The following epoxy adhesives with
different viscosities are used to bond fresh portland cement concrete to
existing portland cement concrete, hardened concrete to hardened
concrete.
Type V - Standard Epoxy Adhesive. This material is suitable for
surface sealing of fine cracks in concrete or for waterproofing
application. Designed for applying to horizontal and vertical surfaces.
Type VII - High - Viscosity Epoxy Adhesive. This material is a high -
viscosity epoxy for vertical wall and overhead application and where a
high buildup is required. This material is suitable for suface sealing
of cracks in concrete which are grooved or veed out prior to sealing.
Any specific coloring of resin and hardener components shall be as
directed by the Engineer.
(5) Binder for Producing Grout or Concrete. Type VIII.
Class A This material is intended to be mixed with select
aggregates to form a quick- setting epoxy mortar or
concrete for repairs of spalls, chipped areas, and
other defects in precast concrete. This material
shall be used where low- modulus epoxy is desired.
Class B This material is intended to be mixed with select
aggregates to form a quick- setting epoxy mortar or
concrete for repairs of pot holes, filling cracks or
spells and other defects requiring high strength
epoxy. This material shall have a good bond to
existing concrete.
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(6) Epoxy for Crack Injection. Type IX. This material is a low
viscosity epoxy material design for pressure injection into cracks in
existing concrete to restore the structural integrity. The epoxy
adhesive shall have adequate strength and adhesion to confine the
injection material in the cracks being injected until the injection
material has cured.
(7) Epoxy Coating for Concrete. Type X. This is a high- solids
epoxy coating used for pier caps and the interior walls of comfort
stations. This material is designated for application by brush or
roller, but can also be applied by airless spray with the addition of a
maximum of five (5) percent toluene solvent with the approval of the
Engineer.
4. Packaging, Labeling and Storage. The components shall be
packaged according to mixing ratio in suitable, well- sealed containers.
The containers shall be clearly labeled as to the type of material and
the ratio of the components to be mixed by volume. Any special
instructions regarding mixing and application shall be included. The
label shall show lot or batch number, expiration date and the quantity
contained therein. Caution warnings regarding contact of the epoxy with
skin and eyes shall be included on the labels. Containers which have
been damaged or previously opened shall not be used. The components
must be stored at temperatures between 16 C and 38 C. Any material
which shows evidence of crystallization, lumps, skinning, extreme
thickening or settling of pigments which can not be readily redispersed
with normal agitation shall not be used.
5. Construction Methods. Mixing and application of epoxy and
adhesive materials shall be as specified herein.
(1) Mixing. Prior to use, each component shall be stirred to
redisperse any settling or separation of the fillers and liquid
portions. The components shall then be immediately placed in the proper
reservoir, when used in automatic mixing and dispensing equipment. For
application by other means, the components must be properly proportioned
and mixed until a uniform color and appearance are obtained. No
addition of solvents will be allowed unless indicated by the
manufacturer or approved by the Engineer.
(2) Application and Surface Preparation. Requirements for
application and preparation of the surface upon which the epoxy or
adhesive is to be applied shall be in accordance with the applicable
specification.
6. Measurement and Payment. The work performed, materials
furnished and all labor,tools, equipment and incidentals necessary to
complete the work under this Item will not be measured or paid for
directly, but will be considered subsidiary to the various bid items of
the contract.
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1993 Specifications
1. Description. This item shall govern for furnishing and installing
loop wire sealant for use in the installation of vehicle detector loops
in asphaltic and concrete pavements a shown on the plans.
2. General.
SPECIAL SPECIFICATION
ITEM 6003
VEHICLE LOOP WIRE SEALANT
(1) The sealant shall be a one -part polyurethane material and shall be
suitable for use in both asphaltic and concrete pavement.
(2) The sealant shall be designed to enable traffic to pass over the
filled slot immediately after application without tracking or stringing.
(3) The sealant shall not shrink in volume during or after its curing
process.
3. Physical Properties. The sealant shall have a minimum shelf life of
12 months. The sealant shall have certain physical properties in its
uncured and cured states. They are as follows:
(1) Physical Properties of the Uncured (Wet) Sealant:
Property Requirement
Weight 10.1 lbs /gal
plus or minus
1.0 1b.
Curing Time Touch: 24 Hr Max
Complete 36 hr Max
Standard
ASTM E201
Total Solids 75 -86% ASTM D1353
by weight 18 hours at 200 F
Viscosity 5 K -85K CPS Brookfield RVF
No. 6 Spindle at
20 RPM, 77 F,
50% Rel. Hum.
ASTM D1640
40 Mil Film
77 F, 50%
Rel. Hum.
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(2) Physical Properties of the Cured Sealant:
Property Requirement
Hardness 65 - 85
(Indentation)
Tensile 125 psi minimum ASTM D412
Strength Die C Pulled at
20 IPM
Elongation 200% Minimum ASTM D412
Die C Pulled at
20 IPM
Adhesion 15 pounds /inch ASTM D903
(Peel width Canvas to
Strength) Concrete
Application +40 F to 130 F
Temp. Range
Service Temp. -40 F to 150 F
Range
Standard
ASTM D2240
Model 1700
77 F, 50%
Rel. Hum.
RESISTANCE: The cured sealant shall have the
following chemical resistances:
Deicing No Effect ASTM D471*
Gasoline Slight Swell ASTM D471*
Hydraulic No Effect ASTM D471*
Brake Fluid
Motor 011 No Effect ASTM D471*
Sodium No Effect ASTM D471*
Chloride (5 %)
*The ASTM Test shall be conducted at 23 C plus or minus 2 C
for a period of 22 hours.
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4. Application of Sealant.
(1) Unless otherwise shown on the plans, the Contractor shall apply
the sealant using his own equipment.
(2) The Contractor shall apply the sealant as shown on the plans or as
directed by the Engineer and in accordance with the manufacturer's
directions.
5. Certification. The Contractor shall provide written certification
from the manufacturer stating that the material supplied meets the
requirements of this specification. The Department reserves the right to
perform any or all of the tests described in this specification to insure
compliance. Failure of a sample will require that the loops be removed
and replaced with new sealant meeting this specification.
6. Measurement and Payment. The work performed, materials furnished and
all labor, tools, equipment and incidentals necessary to complete the
work under this Item will not be measured or paid for directly, but will
be considered subsidiary to the various bid items of the contract.
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SPECIAL SPECIFICATION ITEM 6032
INSTALLATION OF HIGHWAY TRAFFIC SIGNALS
Page 1 of 3
6032.1. Description.
This Item shall govern for construction of highway traffic signal installations of' the various types as
shown on the plans.
6032.2. General. Unless otherwise shown on the plans, electrical materials and construction
methods shall conform to the NEC and additional local utility requirements.
All materials furnished by the Contractor shall be new.
All materials and construction methods shall conform to the details shown on the plans, the
requirements of this Item and the pertinent requirements of the following Items:
Item 610, "Roadway Illumination Assemblies"
Item 618, "Conduit"
Item 620, "Electrical Conductors"
Item 624, "Ground Boxes"
Item 625, "Zinc- Coated Steel Wire Strand"
Item 627, "Treated Timber Poles"
Item 628, "Electrical Services"
Item 634, "Plywood Signs (Type Ay'
Item 636, "Aluminum Signs (Type A)"
Item 656, "Foundations for Signs, Traffic Signals
and Roadway Illumination Assemblies"
Item 682, "Vehicle and Pedestrian Signal Heads"
Item 684, "Traffic Signal Cables"
Item 686, "Traffic Signal Pole Assemblies"
Item 688, "Traffic Signal Detectors"
Controller assemblies shall conform to the requirements of the Item "Traffic Signal Controller
Assembly" and the details shown on the plans.
Flasher assemblies shall conform to the requirements of the Item "Flasher Controller Assembly" and
the details shown on the plans.
6032.3. Sampling and Testing. Sampling and testing of traffic signal controller assemblies shall be
in accordance with Test Method Tex879 -B.
6032.4. Electrical Requirements.
(1) Electrical Services. The Contractor shall make all arrangements for electrical services. Materials
not provided by the utility company shall be supplied and installed by the Contractor as shown on the plans.
Unless otherwise shown on the plans, the electrical service shall be 120 volt, single - phase, 60 Hz AC.
The Contractor will not be required to pay for electrical energy consumed by the traffic signal
installation.
(2) Conduit. Conduit and fittings shall be the sizes and types shown on the plans. The Contractor
may, at the Contractor's expense, use conduit of larger size than that shown on the plans providing that the
same size is used for the entire length of the conduit run. Conduit in concrete foundations shall extend two (2)
to three (3) inches above the concrete. The ends of each conduit shall be sealed with silicone caulking, or other
sealant approved by the Engineer, after all cables and conductors are installed.
(3) Wiring. Unless otherwise shown on the plans, conductors shall be stranded No. 12 AWG
XHHW. Cables and conductors above ground shall be installed in rigid metal conduit, except for span wire
suspended cables and conductors, drip loops, and electrical wiring inside signal poles. Power entrance to
ground- mounted controllers shall be made through underground conduit. Each signal installation shall be wired
to operate as shown on the plans.
Ends of wires to be attached to terminal posts shall be provided with properly sized self - insulated
solderless terminals. These terminals shall be attached to the wires with a ratchet type compression crimping
tool properly sized to the wire. Pre - numbered identification tags of plastic or tape shall be placed around each
wire adjacent to wire ends in the controller, signal heads and signal pole terminal blocks.
Splices will not be permitted except as shown on the plans, unless the Engineer approves each
individual splice in writing. All allowed splices shall be water -tight.
(4) Grounding and Bonding. Unless otherwise shown on the plans, grounding and bonding shall be
in accordance with the NEC. The resistance from the grounded point of any equipment to the nearest ground
rod shall be less than one (1) ohm.
A continuous bare or green insulated copper wire (equipment ground) shall be installed throughout
the electrical system. The equipment ground shall be connected to all metal conduit, metal signal heads, metal
pedestrian push buttons, signal poles, controller housing, service pole ground, ground rods and all other metal
enclosures and raceways. Unless otherwise shown on the plans, the equipment ground shall be at least the same
size as the neutral feeding that equipment (heads, push buttons, controllers, etc.).
Bonding jumpers shall be copper wire and shall be minimum No. 8 AWG.
6032.5. Controller Assemblies. Immediately prior to mounting the controller assembly on the
foundation, a bead of silicone caulk shall be applied to seal the cabinet base. Any space between conduit
entering the controller and the foundation shall be sealed with silicone caulk.
When the project is complete, the keys for the controller cabinets shall be delivered to the Engineer.
The instruction manual and wiring diagrams for all equipment in the controller cabinet, shall be
placed inside the controller cabinet.
6032.6. Timber Poles. Timber poles other than for electrical services, shall be ANSI Class 2
6032.7. Preservation of Sod, Shrubbery and Trees. Sod, shrubbery and trees damaged by the
Contractor shall be replaced by the Contractor at the Contractor's expense.
6032.8. Removal and Replacement of Curbs and Walks. The Contractor shall secure approval of
the Engineer before cutting into or removing walks or curbs not shown on the plans to be removed or replaced.
After work is completed, the Contractor shall restore any curbs or walks, which have been removed,
to equivalent original condition and to the satisfaction of the Engineer.
6032.9. Sign Lighting. Sign lighting attached to traffic signal equipment shall be as shown on the
plans.
Page 2 of 3
6032.10. Intersection Lighting. Luminaires on signal poles shall be as shown on the plans.
6032.11. Test Period. Completed traffic signal installations shall operate continuously for a
minimum of thirty days in a satisfactory manner. If any equipment furnished by the Contractor, except lamps,
fails during the thirty day test period, the Contractor shall repair or replace that equipment and a new thirty day
test period shall start.
The test period will be suspended when a lamp or any equipment not furnished by the Contractor
fails. The test period will resume after the failed equipment has been repaired.
Page 3 of 3
6032.12. Measurement. This Item will be measured as each signalized intersection(s) controlled by
one (1) traffic signal controller complete in place.
6032.13. 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 price bid for 'Installation of Highway
Traffic Signals" of the various types specified. This price shall be full compensation for furnishing, installing
and testing the completed installation including controller and associated equipment, luminaires, signs and sign
lights mounted on signal equipment, timber poles, mounting hardware and steel wire strand, electrical
conductors, ground boxes, electrical service, foundations for traffic signals, vehicle and pedestrian signal
heads, traffic signal cables, traffic signal pole, traffic signal detectors, conduit; for preservation and/or
replacement of damaged sod, shrubbery and trees; for removal and replacement of curbs and walks; and for all
labor, tools, equipment and incidentals necessary to complete the work, except as indicated in the plans to be
furnished by others.