Contract - JD Abrams - 10/14/2021d
!1t0w2-zqw zS9
BID ( ORIGINAL
CITY OF ROUND ROCK
TRANSPORTATION DEPARTMENT
ROUND ROCK TEXAc*%
Project Manual For:
KENNEY FORT BLVD., - SEGMENTS 2 & 3
From Forest Creek Dr. to SH 45
CSJ: 0914-05-195
Federal Aid Project No. STP 2021 (74) MM
:y .t� � mot, BY
APPRC.)
AT T 0 NLw-"* "' Y
June 2021
Prepared By:
Ryan J. Blair, P.E.
CP&Y
13809 Research Blvd.
Suite 300
Austin, Texas 78750
TBPE Firm Registration No
F- 1741
06-25-2021
KENN Y 2 & 3
Q V-7717-.-L
40
TABLE OF CONTENTS
Section Description No. of Pages
Addenda
00020 Notice to Bidders 1
00100 Instructions to Bidders 4
Exhibit "A" Form 1295 Instructions 1
00150 Federal Requirements 112
Child Support Documentation
Non -Collusion Affidavit
Disclosure of Lobbying Activities
Disadvantaged Business Enterprises Requirement
Local Government Requirements and
Covenants (1L — 9L)
FHWA 1273 —Required Contract Provisions for
Federal Aid Construction Contracts
Certifications
Special Provisions for Federal -Aid Construction
Contracts
00200 Bid Bond 2
00300 Bid Form 47
00410 Statement of Bidder's Safety Experience 1
00500 Agreement 5
00600 Insurance & Construction Bond Forms
Performance & Payment Bond Instructions 1
Insurance Instructions 1
00610 Performance Bond 2
00620 Payment Bond 2
00650 Certificate of Liability Insurance 1
00700 General Conditions 44
00800 Supplemental General Conditions 1
00900 Special Conditions 5
01000 Technical Specifications 88
02000 Plans, Details and Notes 2
8-2016
00090665
Table of Contents
Addendum No. 1
Project: Kenney Fort Blvd Seg 2 & 3
ADDENDUM NO. 1
Date: July 12, 2021
Owner: City of Round Rock, Texas
Project Names. Kenney Fort Blvd Seg 2 & 3
TxDOT CSJ: 0914-05-195
This Addendum forms a part of the Contract and clarifies, corrects, or modifies the original Construction
Documents, dated July 1, 2021 . Acknowledge receipt of this addendum in space provided on Bid Form.
Failure to do so may subject bidder to disqualification.
DESCRIPTION OF ADDITION OR CHANGE:
1. Plans
a. Sheet 2 - Updated Sheet index to reflect Addendum No. 1 changes
b. Sheet 36 -Added MSE Wall Form Liner Notes
ce Sheet 13 -Added Pay item 450-6036 Rail TY C411 - 89 LF
do Sheet 14 -Revised quantity for Culvert 5
e. Sheet 89 -Added Fence Detail
f. Sheet 91 -Adjusted SUP
go Sheet 97 -Changed classic rail type from Rail TY T411 to Rail TY C411
h. Sheet 114A - Added Sound Wall & Aesthetic Fence Drilled Shaft Foundation Detail
i. Sheet 115 -Revised reinforcement on concrete median detail
j. Sheet 121 - 122, Revised & Added 122A. Changed out detail from Rail TY T411 to Rail
TY C411
ke Sheet 164 -Clarified riprap quantity
I. Sheet 178 -Revised length of Culvert 5
me Sheet 179 -Revised hydraulic culvert data for length change
no Sheet 186 -Clarified riprap quantity
o. Sheet 384 -Clarified riprap quantity
2. Project Manual
a. Bid Form
i. Federal Requirements Section -Disadvantaged Business Enterprise (DBE)
Requirements: Update DBE goal to 8,5%
ii. Sheet 4 of 46 -Add Bid Item 16A, 403 6001 TEMPORARY SPL SHORING, 890
LF
iii. Sheet 4 of 46 -Add Bid Item 19A, 450 6036 RAIL (TY C411) 89, LF
iv. Sheet 19 of 46 -Revise quantity from 377 LF to 373 LF
v. Sheet 36 of 46 -Delete Bid Items 203,204,205, 432 6031 RIPRAP (STONE
PROTECTION)(121N), 432 6032 RIPRAP (STONE PROTECTION)(15 IN), 432
6036 RIPRAP (STONE PROTECTION)(30 IN), respectively.
b. Agreement Section 3.4, Sheet 2 of 5 - Change substantial completion time from 450
days to 429 calendar days. Final completion time will remain as 450 days.
c. Technical Specifications
i. Special Provision to City of Round Rock Joint Bid Utility Technical Specifications
1. Item 503 - Frames, Grates, Rings and Covers
2, Item 505 -Concrete Encasement and Encasement Pipe
3. Item 510 -Pipe
4. Item 511 -Water Valves
ii. Special Specification
1. Section 02025 -Bypass Pumping
2. Section 02615 -Glass-Fiber Reinforced Polyester (FRP) Manholes
Page 1 of 2
Addendum No. 1
Project: Kenney Fort Blvd Seg 2 & 3
3. Revised Bid Form Excel File — Revised according to bid item changes listed in the Project
manual section.
Approved by ENGINEER 1 07/19/2021
//,Onowledged by CONTRACTOR (BIDDER)
END ADDENDUM NO. 1
Page 2 of 2
Addendum No. 2
Project: Kenney Fort Blvd Seg 2 & 3
ADDENDUM NO. 2
Date: July 23, 2021
Owner: City of Round Rock, Texas
Project Name: Kenney Fort Blvd Seg 2 & 3
TxDOT CSJ: 0914-05-195
This Addendum forms a part of the Contract and clarifies, corrects, or modifies the original Construction
Documents, dated July 1, 2021. Acknowledge receipt of this addendum in space provided on Bid Form.
Failure to do so may subject bidder to disqualification.
DESCRIPTION OF ADDITION OR CHANGE:
1. Plans
a. Sheet 3A — Updated note regarding recycled asphalt pavement (RAP)
b. Sheet 14 — Corrected quantity for 9' x 5' box culvert extension
c. Sheet 190 — Corrected length of Culvert 11 wingwall
2. Project Manual
a. Bid Form
i. Sheet 18 of 47 — correct item 102 462 6068 CONC BOX CULV (9 FT X 5
FT)(EXTEND) to 350 LF
ii. Sheet 39 of 47
1. Update Bid Item W-1 quantity to be 272 LF.
2. Update Bid Item W-4 quantity to be 8791 LF.
iii. Sheet 40 of 47
1. Update Bid Item W-9 quantity to be 28 LF,.
iv. Sheet 41 of 47
1. Remove "TOTAL BASE BID — WATER (ITEMS W-1 THRU W-22)"
v. Sheet 41 of 47
1. Add Bid Item W-23 Cut and Restore Pavement — 120 SY
2. Add Bid Item W-24 12" x 12" Wet Connection — 1 EA
3. Add Bid Item W-25 Restrained Joint For Existing 16" Waterline — 12 EA
3. Revised Bid Form Excel File — Revised according to bid item changes listed in the Project
manual section.
RYM J. BLAIR
................................
' 117733
CENS� '
W1 20NAIAi'�'
Approved by ENGINEER r If - 7-23-2021
00,
cknowledged by CONTRACTOR (BIDDER)
END ADDENDUM NO. 2
Page 1 of 1
MINUTES OF THE SPECIAL MEETING
OF THE BOARD DIRECTORS OF
ABRAMS MANAGEMENT COMPANY
A special meeting of the Board of Directors of ABRAMS MANAGEMENT COMPANY, a Texas
corporation, being the General Partner of J.D. ABRAMS, L.P. ("the Partnership"), a Texas Limited
Partnership, was held at 8:3 0 a.m . at the corporate office 5 811 Trade Center Dr, Austin, Texas on April
15, 2021. The following Directors were present:
Jon F. Abrams
Brad Everett - Chairman
Kelly Gallagher — Secretary & Treasurer
Alfonso Fernandez — Asst. Secretary
Before commencing the meeting, all Directors waived notice of the meeting and agreed that all actions
taken at the meeting would constitute valid actions by and on behalf of the Company. After discussion,
a quorum being present and upon motion made and seconded, the Directors present unanimously voted
to adopt the following resolution:
RESOLVED, that the following officers be authorized to sign contractual documents for
J.D. Abrams, L.P., including contracts and contract bonds, change orders, forms and
proposals on behalf of Partnership to any federal, state, county, city or private entity.
Brad Everett
Martin Poduska
Alfonso Fernandez
J. Kelly Gallagher
Amadeo Saenz
Jack Headley
Steven Zbranek
Ken Kincaid
Bryan Villas
Charles Webb III
John R. Thomas
There being no further business, upon motion duly made and seconded, the Directors present
unanimously voted to adjourn. Execute,0 this 15th day of April, 2021.
Ily Gallaiqr,Secretary
Wl-
00020 NOTICET.O BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to Jose (JQ Montelongo II, E.I.T., Engineer Associate, City of
Round Rock, Transportation Department, 3400 Sunrise Drive, Round Rock, TX 78665, for
furnishing all labor, material and equipment and performing all work required for the project
titled, Kenney Fort Blvd — Segments 2 & 3 (Construct new limited access 6-lane divided
roadway with shared use path consisting of grading, base, structures, asphalt concrete pavement,
illumination, signing, and pavement markings), will be received until Tuesday, July 27, 2021, at
2:00 pm, then publicly opened and read aloud at the same address. Bid envelopes shall state date
and time of bid and "Kenney Fort Blvd — Segments 2 & 3 Project". Bids must also be
accompanied by a "Statement of Bidder's Safety Experience" included in Section 410 of the
Project Manual. No bids may be withdrawn after the scheduled opening time. Any bids received
after scheduled bid opening time will be returned unopened.
This project is being partially funded by the City of Round Rock and Capital Area
MPO funds and is subject to Federal requirements contained within this document.
Bids must be submitted on City of Round Rock bid forms and must be accompanied by
an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round
Rock, Texas equal to five percent (5%) of the total bid amount. Plans, Bid Forms, Specifications,
and Instructions to Bidders may be obtained from the City of Round Rock website at the
following web address: http://www.roundrocktexas.gov/businesses/solicitations/ and ht s://
www.civcastusa.com. Bidders shall be responsible for printing or obtaining prints of the
aforementioned documents as necessary. For questions, please contact the City's Project
Manager, JC Montelongo, II jmontelongoC&,roundrocktexas.,gov — (512)218-7026.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further reserves the
right to reject any or all bids and to waive any informalities and irregularities in the bids
received.
The successful bidder will be expected to execute the City of Round Rock's standard
contract and to furnish performance and payment bonds, all as described in the bid documents.
Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing
wage rates as determined by the City of Round Rock.
A non -mandatory Pre -Bid conference will be held at 3400 Sunrise Road., Round Rock, Texas
on Wednesday, July 14, 2021, at 2:00 pm at 3400 Sunrise Road, Round Rock, Texas 78665
Publish Dates:
Round Rock Leader:
July 1 St, 8th, and 15th, 2021
00020 10-2019
00193093
Notice to Bidders
0
0
00100 INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any bid, bidders are required to read all drawings (plans),
specifications, and all other Project Manual and/or Contract Documents carefully; to
inform themselves by their independent research, test and investigation of the difficulties
to be encountered and judge for themselves of the accessibility of the Work and all
attending circumstances affecting the cost of doing the Work and the time required for its
completion and obtain all information required to make a bid. The aforementioned
documents may only be obtained from the City's website at the following web
address: www.roundrocktexas.i!ov/businesses/solicitations and www.civcastusa.com.
Bidders shall be responsible for printing or obtaining prints of the aforementioned
documents as necessary.
2. Should the bidder find discrepancies in, or omissions from the drawings (plans),
specifications, or other Project Manual and/or Contract Documents, or should he be in
doubt as to their meaning, he should notify at once the City and obtain clarification or
addendum prior to submitting any bid. Any addenda issued will be posted with the
documents at the web address mentioned in 1 above no later than two business days
prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible
for determining if any addenda have been issued and for following any instructions
required in any addenda issued.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders in the Project Manual. Bids received after
the scheduled opening time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the
name of the project, the job number if applicable, and the opening date and time.
5. Bidders shall be responsible for submitting a copy of the City's Bid Form, Bid Bond
Form, and Statement of Bidder's Safety Experience from the Project Manual
documents posted at the web address as described in 1 above.
6. Bids shall be accompanied by a bid security consisting of a certified cashier's check in an
amount not less than five percent (5%) of the total maximum bid price, payable without
recourse to the City of Round Rock, or a bid bond in the same amount from a reliable
surety company, as a guarantee that the bidder will enter into a contract and execute
performance and payment bonds, as stipulated by item 15 below, within ten (10) days
after notice of award of contract to him. Bid securities must be submitted in the same
sealed envelope with the bid. Bids submitted without a bid security may not be considered
at the sole discretion of the City.
Page 1
00100 6-2019 Instructions to Bidders
00426487
7. If awarded the bid, bidder must submit Form 1295 on the Texas Ethics Commission
AOMMWAI (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
and submit the signed Form 1295 to the City Clerk at swhite(a roundrocktexas.gov
within ten (10) business days of notification of the award. Instructions for completing
a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders.
8. No conditional bids will be accepted.
9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening
time must do so by presenting in person a written request signed by an authorized
representative of the bidder to a City employee at the location for which sealed bids are to
be addressed. No telephone, facsimile, or email requests will be accepted. The City will
expend the time and effort that the City in its sole discretion determines is necessary to
investigate the authenticity of a request before complying with a request. The City shall in
its sole discretion determine if the City will comply with a request and the City shall not
be held liable for not complying with a request. If the City does not comply with a request,
the request shall automatically become null and void.
10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid
opening time must first withdraw his bid as provided for in the Instructions to Bidders and
then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a
bid will be allowed after the scheduled bid opening time. The bidder shall be responsible
for ensuring the amount of the bid security is as specified in the Instructions to Bidders.
11. All bid securities will be returned to the respective bidders within twenty-five (25) days
after bids are opened, except those which the City elects to hold until the successful bidder
has executed the Agreement. Thereafter, all remaining securities, including security of the
successful bidder, will be returned within sixty (60) days.
12. Until the award of the contract, the City reserves the right to reject any and all bids and to
waive technicalities; to advertise for new bids; or to do the work otherwise when the best
interest of the City will be thereby promoted.
13. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City reserves
the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable
and/or unbalanced prices submitted in a bid may result in rejection of such bid or other
bids.
14. Award of the contract, if awarded, will be made within sixty (60) days after opening of the
bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless
a prior award is made. A Notice to Proceed will be issued within sixty (60) days after
contract Execution Date as defined in the General Conditions.
15. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one hundred
100%kl percent (100%) of the total Contract Amount. Said performance bond and payment bond
Page 2
00100 6-2019 Instructions to Bidders
00426487
shall be from an approved surety company holding a permit from the State of Texas,
,A•g indicating it is authorized and admitted to write surety bonds in this state. In the event the
bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the
United States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and
10 0
is the holder of a certificate of authority from the United States secretary of the treasury to
Is
qualify as a surety or reinsurer on obligations permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority, the City
41 0
may rely on the list of companies holding certificates of authority as published in the
Federal Register covering the date on which the bond is to be executed.
160 Failure to execute the Agreement within ten (10) days of written notification of award or
failure to furnish the performance bond and payment bond as required by item 15 above,
shall be just cause for the annulment of the award. In case of annulment of the award, the
bid security shall become the properly of the City, not as a PIty,enabut as 1liquidateduidated
damages.
17. No contract shall be binding upon the City until it has been signed by its Mayor after having
been duly authorized to do so by the City Council.
18,0 The Contractor shall not commence Work under the Agreement until he has furnished
certification of all insurance required and such has been approved by the City, nor shall the
Contractor allow any Subcontractor to commence work on his subcontract until proof of
all similar insurance that is required of the subcontractor has been furnished and approved.
The Contractor's insurer shall use the certificate of insurance form included in the bid
documents or the standard ACORD form.
19.0 If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to
arrange for the replacement of a loss, rather than by making a cash payment directly to the
City, the insurance company must furnish or have furnished by bidder, a performance bond
IN
in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in
accordance with Section 2253.021(c).
20.0 Any quantities given in any portion of the Bid Documents, including the drawings (plans),
are estimates only, and the actual amount of work required may differ somewhat from the
estimates. The basis for payment shall be the actual amount of work done and/or material
49P
furnished as specified in the General Conditions.
21. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included
in the prices bid for materials consumed or incorporated into the Work. This contract is
issued bY an organization which is qualified for exemption pursuant to the provisions of
Section 151.309(5) of the Texas Tax Code. The City will issue an exemption certificate to
the Contractor. The Contractor must then issue a resale certificate to the material supplier
Page 3
00100 6-2019 Instntctions to Bidders
00426487
for materials purchased. The Contractor must have a valid sales tax permit in order to issue
,•�., a resale certificate.
Upon obtaining consumable materials, the Contractor will issue a resale certificatein lieu of
payment of sales tax, and the following conditions shall be observed*
1) The Contractor will transfer title of consumable, but not incorporated, materials to
the City at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City as soon as
practicable. Payment will not be made directly but considered subsidiary to the
pertinent bid item. The Contractor's monthly estimate will state that the estimate
includes consumables that were received during the month covered by the estimate;
and
3) The designated representative of the City must be notified as soon as possible of the
receipt of these materials so that an inspection can be made by the representative,,
Where practical, the materials will be labeled as the property of the City .
22. The Contractor, after execution of the contract and pursuant to Internal Revenue Service
(IRS) regulations, shall furnish its Taxpayer Identification Number (TIN) to the City,, The
Contractor shall provide the appropriate information on a W-9 form (which can be provided
by the City upon request). This form shall be submitted directly to the City's Accounts
Payable Department to ensure security of the information.
� 23. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides
for Alternate bids, the City will determine whether to select or not select one or more of
the Add and/or Deduct Alternate bid items and/or Alternate bids at the City sole
discretion and for its greatest advantage., If the City selects any Add and/or Deduct
Alternate bid items, the total bid amount will be determined by adding the amount of the
selected Add Alternates) to, and deducting the amount of the selected Deduct Alternate(s)
from the Base Bid or the selected Alternate bid.
Page 4
00100 6-2019 Instructions to Bidders
00426487
EXHIBIT "A"
FORM 1295 INSTRUCTIONS
Pursuant to Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering
into a contract with a local government that requires approval of the governing body must submit a disclosure of
interested parties (Form 1295) to the local governmental prior to the execution of the contract. The Texas Ethics
Commission (TEC) has created an electronic filing application for business entities to submit the required
information and generate the required form. The City of Round Rock may not enter into a contract that
requires the approval of the City Council until the business entity files a Form 1295 with the City Clerk.
Please follow the instructions below to file your Form 1295 with the TEC and the City of Round Rock:
• Upon being notified of a bid award, the award recipient ("business entity") must go to the following website:
https://www.ethics.state.tx.us/filinginfo/1295/ and follow the login instructions on the website application to
complete a Form 1295.
✓ If this is a business entity's first time logging on to the website application, the business entity must
create a Username and Password and then follow the application's instructions to complete a Form 1295.
✓ The City does not have a Contract ID Number System. Please insert 000000 and the project name in this
box. Do not put the resolution number of the initial agreement if this is a supplemental agreement - only
put the project name.
✓ Even if a business entity has no interested parties, Form 1295 still must be completed using the website
application and filed with the City Clerk. Please note that there are very few instances that a business will
not have any interested parties. Visit the TEC's FAQ page for the definition of an interested party.
✓ If a business is publicly traded, they are exempt from having to complete a Form 1295. Please e-mail the
City Clerk stating such.
The business entity MUST print and sign the completed Form 1295 once it has been accepted by the TEC
and no longer has DRAFT stamped on it.
✓ The signed Form 1295 must be scanned and e-mailed directly to the City Clerk at
swhite(a)roundrocktexas.gov as soon as it is completed. DO NOT send the form back to the Purchasing
Department, Project Manager, or mail it with signed original agreements/contracts.
✓ The City Clerk only has 30 days from receipt to acknowledge the form in the TEC system. If you do not
return it to the City Clerk promptly, and the 30 days has expired when she receives it, you WILL have to
complete another one.
A new Form 1295 must be done for each contract a business entity enters into with the City, including
Supplementals, Amendments, and Change Orders.
• A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website
application.
If you have any questions regarding the process of filing of Form 1295 with the City, please contact:
Sara White, City Clerk
Phone: (512) 218-5404
E-mail: swhite(&,roundro-cktexas.gov
If you have questions regarding the actual form or the online filing application, please visit the TEC's FAQ
page: https://www. ethics. state.tx.us/resources/FAQs/FAQ Fonn1295.php
Revised 8/2020
00150 FEDERAL REQUIREMENTS
Ra
00150 FEDERAL REQUIREMES
NT
CHILD SUPPORTS A MENT
Under section 231.006, Family Code, the vendor or applicant certifies that the individual or
business entities named in this contract, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this contact may be terminated, and
payment may bewithheldld if this certification is inaccurate.
County:
State of Texas Child Support Business Ownership Form
Williamson
TxDOT CSJ: 0914-05-195
Business Entity Submitting Bid:
Project Name:
KENNEY FORT BLVD. -
SEG2&3
LG Project Number:
Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and social security
number of individuals owning 25% or more of the business entity submitting the bid.
1. In the spaces below please provide the names and social security number of individuals owning 25% or more of
the business. None, J. D. Abrams is a 100% employee owned company
Name
Social Security Number
2. Please check the box below if no individual owns 25% or more of the business.
X i No individual own 25% or more of the business.
Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed
only for the purpose of responding to a request for information from an agency operating under the provisions of Part A
and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651-699).
Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this
contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this
contract may be terminated and payment may be withheld if this certification is inaccurate.
The information collected on this form will be maintained by City of Round Rock . With few exceptions, you
are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of
the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the
Government Code, you are also entitled to have information about you corrected that you believe is incorrect.
Signa
Martin Poduska ,Chief Estimator
Printed Name
July 27, 2021
Date
IF THIS PROJECT IS A JOINT VENTURE,
ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM.
ATTACHMENT B
CHILD SUPPORT STATEMENT FOR
NEGOTIATED CONTRACTS AND GRANTS
Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business
entity named in this contract, bid, or application is eligible to receive the specified grant, loan, or payment
and acknowledges that this contract may be terminated and payment may be withheld if this certification
is inaccurate.
List below the name and social security number of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid
or application. None, J. D. Abrams is a 100% employee owned company
NAME SOCIAL SECURITY NUMBER
Section 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent
in paying child support and a business entity in which the obligor is a sole proprietor, partner,
shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from
state funds under a contract to provide property, materials, or services; or receive a state -funded grant or
loan.
A child support obligor or business entity ineligible to receive payments described above remains
ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment
agreement or court order as to any existing delinquency.
Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may
be disclosed only for the purposes of responding to a request for information from an agency operating
under the prov'sion o P •ts A and D of Title IV of the federal Social Security Act (42 USC Section
601417 and
J. D. Abrams, L. P.
Signat r ompany Official Printed/Type Firm Name
Martin Poduska, Chief Estimator July 27, 2021
Printed/Typed Name and Title
Date
City of Round Rock Transportation
KENNEY FORT BLVD - SEG 2 & 3
CONSTRUCTION PROJECT
CONTRACT NO.
NON -COLLUSION AFFIDAVIT
STATE OF Texas �
COUNTY OF Travis �
I� Martin Poduska , of the City
wn*
of Pflugerville ,County of Travis and State of
Texas ,being of full age and duly sworn according to law on my oath
depose and say:
That I am Chief Estimator (Title) of
J. D. Abrams, L. P. ,the Bidder making
the Bold submitted to the City of Round Rock, on the 27th day of July 202 1., for
Contract No. in connection with the Kenney Fort Blvd - Seg 2 & 3 Construction
Project; that I executed the said Bid with full authority to do so;
The said Bidder has not, directly or indirectly, entered into any combination or arrangement
with any person, firm or corporation or entered into any agreement, participated i*n any collusion,
or otherwise taken any action in restraint of free, competitive bidding or which would increase the
cost of construction or maintenance i"n connection with the said Contract; that no person or selling
agency has been employed or retained to solicit or secure the said Contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, except bona fide
full-time employees;
And that said Bidder is or has been a mernber of the following highway contractors'
association during the preceding twelve months:
Name of Association Location of Principal Office
The Associated General Contractors of Texas 300 Barton Springs Road, Austin, TX 78704
I further warrant that all statements contained in said Bid and in this Affidavit are true and
correct and made with full knowledge that the said Authority relies upon the truth of the statements
contained in said Bid and in this Affidavit in awarding the said Contract.
Sworn to and subscribed By:
before me thierson Signing Bid
day of � � Martin Poduska
20_A. Print Name:
Title: Chief Estimator
Notary PAI)Nc
My commission expires: I�p��jCS
��
EI-IZABETH
DLEONe
NTAR/M•SALEOFEA
a
1o#1szsssoss05COMA. EX►.01-26-22
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action
3. Report Type:
[—a] a. contract
as a. bid/offer/application
a initial filing
b.
b. grant
b. initial award
material change
g-
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
Year Quarter
e. loan guarantee
f. loan insurance
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name and
i Prime ❑ Subawardee
Address of Prime:
Tier , if known:
J. D. Abrams, L. P.
5811 Trade Center Drive,Bldg. 1
Austin, Texas 78744
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
FHWA through TxDOT and the City of
Round Rock
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address of different
(if individual, last name, first name, Ml): from No. 1 Da.)
None (last name, first name, Ml):
None
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply) :
13. Type of Payment (check all that apply):
$
El a. retainer
El actual El planned
❑ b. one-time fee
❑ c. commission
12. Form of Payment (check all that apply):
❑ a. cash
❑ d. contingent fee
❑ b. in -kind; specify: nature
❑ e. deferred
value
❑ f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s)
contacted, for Payment indicated in Item 11.:
None
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
15. Continuation Sheet(s) SF-LLL-A attached: ❑ Yes EJ No '
16. Information requested through this form is authorized by title
31 U.S.C. section 1352. This disclosure of lobbying activities
Signature:
is a material representation of fact upon which reliance was
placed by the tier above when this transaction was made or
Martin Poduska
entered into. This disclosure is required pursuant to 31
Print Name:
U.S.C. 1352. This information will be reported to the
Chief Estimator
Congress semi-annually and will be available for public
Title:
inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
(512) 322-4000 July 27, 2021
$10,000 and not more than $100,000 for each such failure.
Telephone No.: Date:
Federal Use Only:Authorized
for Local Reproduction
Standard Form - LLL
0
G�
Control : 0914-05-195
Project: STP 2021 (745)MM
Highway: Kenney Fort Blvd
County: Williamson
DISAVANTAGED BUSINESS ENTERPRISES
REQUIREMENTS
The following goal for disadvantaged business enterprises is established:
DBE
885%
By signing the proposal, the Bidder certifies that the above DBE goal will be met by obtaining
commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith
effort to substantiate the attempt to meet the goal.
Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will
be considered a breach of the requirements for the proposal. As a result, the bid proposal guaranty of
the bidder will become property of the City of Round Rock and the Bidder will be excluded for rebidding
on the project when it is re -advertised.
Introduction
Local Government General Requirements
For all projects with State or Federal funds, and/or all projects on the State Highway System regardless of funding source, a
Local Government must either adopt the latest TxDOT Standard Specifications, Special Specifications, and required Special
Provisions or request TxDOT written approval of alternate, equivalent specifications. TxDOT's 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges"are the latest TxDOT Standard Specifications. These
"General Requirements" along with additional requirements specified by the particular local government, are intended as a
templete for Item 1-9 in TxDOT's Standard Specifications on projects let by a local government that is on the State Highway
System or includes reimbursement to the local government using FHWA or TxDOT funds.
This document is intended to be used as a template that allows the local government to modify Item 1-9 to meet their particular
needs while assuring that all local, state, and federal statutory requirements are addressed. As this document modifies a TxDOT
publication, there may be a question about terminology. In general, the "Owner" or the "Engineer" references the local
government or their representatives (Consulting Engineers, etc.) Reference to "Department" or "Engineer" in the construction
and maintenance specifications refers to the local government except when it is referencing a TxDOT specification, manual,
material specification, Material Producers List or test method.
Foreword
OUTLINE OF SPECIFICATIONS
Each specification is outlined by articles and sections. The basic articles required for a specification are:
I . DESCRIPTION
2. MATERIALS
3. EQUIPMENT
4. CONSTRUCTION OR WORK METHODS
5. MEASUREMENT
6. PAYMENT
Some articles are not used in every item. Measurement and Payment articles are combined when the work described is
subsidiary to bid items of the Contract.
HIERARCHY OF ORGANIZATIONAL ELEMENTS
Here "XXX" represents the item number. The hierarchy of organizational elements available below the item level is as follows:
XXX8 1 a, Article
XXX8 1 a 1, , Section
XXX8 1 a 1 a 1 , Section
XXX9 1 a 1 a 1, 1 a , Section
XXXA A A 81 91 ., Section
XXX81 A 81 81A A ., Section
,.� The term section is used for all breaks below the article.
Items 1 L-9L
�"' Local Government General Requirements and
Covenants
Item 1 L
Abbreviations and Definitions
in APPLICABILITY
z.
Wherever the following terms are used in these specifications or other Contract documents, the intent and
meaning will be interpreted as shown below.
ABBREVIATIONS
MR Association of American Railroads
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA American Concrete Pipe Association
Al Asphalt Institute
AIA American Institute of Architects
AISC American Institute of Steel Construction
AISI
American Iron and Steel Institute
AITC
American Institute of Timber Construction
ALSC
American Lumber Standard Committee, Inc.
AMRL
AASHTO Materials Reference Laboratory
ANLA
American Nursery and Landscape Association
ANSI
American National Standards Institute
APA
The Engineered Wood Association
API
American Petroleum Institute
APWA
American Public Works Association
AREMA
American Railway Engineering and Maintenance -of -Way
ASBI
American Segmental Bridge Institute
ASCE
American Society of Civil Engineers
ASLA
American Society of Landscape Architects
ASME
American Society of Mechanical Engineers
ASNT
American Society for Nondestructive Testing
ASTM
American Society for Testing and Materials
AWC
American Wood Council
AWG
American Wire Gage
AWPA
American Wood Protection Association
AWPI
American Wood Preservers Institute
AWS
American Welding Society
AWWA
American Water Works Association
BMP
Best Management Practices
CFR
Code of Federal Regulations
CMP
Corrugated Metal Pipe
COE
U.S. Army Corps of Engineers
CRSI
Concrete Reinforcing Steel Institute
DBE
Disadvantaged Business Enterprise
DIVIS
Departmental Material Specification
EIA
Electronic Industries Alliance
Association
EPA United States Environmental Protection Agency
FHWA Federal Highway Administration, U.S. Department of Transportation
FSS Federal Specifications and Standards (General Services Administration)
GSA United States General Services Administration
HUB
Historically Underutilized Business
ICEA
Insulated Cable Engineers Association
� IEEE
Institute of Electrical and Electronics Engineers
IESNA
Illuminating Engineering Society of North America
IMSA
International Municipal Signal Association
ISO
International Organization for Standardization
ITS
Intelligent Transportation System
ITE
Institute of Transportation Engineers
LG
Local Government
LRFD
Load and Resistance Factor Design
MASH
Manual for Assessing Safety Hardware
MPL
Material Producer List (TxDOT document)
NCHRP
National Cooperative Highway Research Program
NCR
Nonconformance Report (TxDOT form)
NEC
National Electrical Code (Published by NFPA)
NEMA
National Electrical Manufacturers Association
NEPA
National Environmental Policy Act
NESC
National Electrical Safety Code
NFPA
National Fire Protection Association
NIST
National Institute of Standards and Technology
NRM
Nonhazardous Recyclable Material
NRMCA
National Ready Mixed Concrete Association
NSBA
National Steel Bridge Alliance
NTPEP
National Transportation Product Evaluation Program
OSHA
Occupational Safety & Health Administration, U.S. Department of Labor
PCA
Portland Cement Association
PCI
Precast/Prestressed Concrete Institute
PE
Professional Engineer
PPI
Plastics Pipe Institute
PS&E
Plans, Specifications, and Estimates
PSL
Project -Specific Location
PTI
Post -Tension Institute
,^., QA
Quality Assurance
QC
Quality Control
RCP
Reinforced Concrete Pipe
RPLS
Registered Public Land Surveyor
RRC
Railroad Commission of Texas
SBE
Small Business Enterprise
SFPA
Southern Forest Products Association
Sl
International System of Units
SPIB
Southern Pine Inspection Bureau
SSPC
The Society for Protective Coatings
TAC
Texas Administrative Code
TCEQ
Texas Commission on Environmental Quality
TDLR
Texas Department of Licensing and Regulation
TGC
Texas Government Code
TMUTCD
Texas Manual on Uniform Traffic Control Devices
TxDOT Texas Department of Transportation
UL Underwriters Laboratory, Inc.
USC United States Code
WRI Wire Reinforcement Institute
WWPA Western Wood Products Association
3. DEFINITIONS
391 v Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media.
3828 Actual Cost. Contractor's actual cost to provide labor, material, equipment, and project overhead necessary
� for the work.
3,35 Addendum. Change in bid documents developed between advertising and bid submittal deadline.
G■r�
3848 Additive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement
alternate bid item. The additive alternate items include work that may be added to the base bid work.
3@55 Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement
alternate bid item. The deductive alternate items include work that may be deducted from the base bid work.
386,, Advertisement. The public announcement required bylaw inviting bids for work to be performed or materials
to be furnished.
3@7@ Affi liates. Two or more firms are affiliated if they share common officers, directors, or stockholders; a family
member of an officer, director, or stockholder of one firm serves in a similar capacity in another of the firms;
an individual who has an interest in, or controls a part of, one firm either directly or indirectly also has an
interest in, or controls a part of, another of the firms; the firms are so closely connected or associated that
one of the firms, either directly or indirectly, controls or has the power to control another firm; one firm
controls or has the power to control another of the firms; or the firms are closely allied through an established
course of dealings, including, but not limited to, the lending of financial assistance.
3888 Air Blasting. Spraying blasts of pressurized air free of oil and moisture.
3899 Air Temperature. The temperature measured in degrees Fahrenheit (OF) in the shade, not in the direct rays
of the sun, and away from artificial heat.
3,10, Anticipated Profit. Profit for work not performed.
311 Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the
tabulation of bids by the Owner.
39128 Architect of Record. A person registered as an architect or licensed as a landscape architect, in
accordance with State law, exercising overall responsibility for the design or a significant portion of the
design and performs certain Contract administration responsibilities as described in the Contract; or a firm
employed by the Owner to provide professional architectural services.
30136 Arterial Highway. A highway used primarily for through traffic and usually on a continuous route.
314, Notice of Award. The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the
Owner to enter into a Contract.
3815m Base Bold. The total bid amount without additive alternates.
39169 Bid. The offer from the Bidder for performing the work described in the bid documents, submitted on the
prescribed bid form, considering addenda issued and giving unit bid prices for performing the work described
in the bid documents.
3,178 Bid Bond. The security executed by the Contractor and the Surety furnished to the Owner to guarantee
payment of liquidated damages if the Contractor fails to enter into an awarded Contract.
38185 Bold Documents. The complete set of documents necessary for a Bidder to submit a bid. The documents
may include plans, specifications, special specifications, special provisions, addenda, and the prescribed
form a Bidder is to submit as the Bid. Other terms used may include general conditions, proposal,
instructions to bidders, and construction specifications.
3819, Bid Error. A mathematical mistake made by a Bidder in the unit price entered into the bid documents.
3,208 Bold Form. The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid
to be considered.
1�
3,219 Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for
a proposed Contract.
3922, Blast Cleaning. Using one of the blasting methods, including, but not limited to, water blasting, low-pressure
water blasting, high-pressure water blasting, abrasive blasting, water -abrasive blasting, shot blasting, slurry
blasting, water injected abrasive blasting, and brush blasting.
39239 Bridge. A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway,
or a railway) having a roadway or track for carrying traffic or other moving loads, and having an opening
measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of
arches, or extreme ends of the openings for multiple box culverts.
36242 Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material.
38258 Building Contract. A Contract entered under State law for the construction or maintenance of an Owner
building or appurtenance facilities. Building Contracts are considered to be construction Contracts.
3,26, Certificate of Insurance. A form approved by the Owner covering insurance requirements stated in the
Contract.
38278 Change Order. Written order to the Contractor detailing changes to the specified work, item quantities or any
other modification to the Contract.
38280 Concrete Construction Joint. A joint formed by placing plastic concrete in direct contact with concrete that
has attained its initial set.
38299 Concrete Repair Manual. TxDOT manual specifying methods and procedures for concrete repair as an
extension of the standard specifications.
38305 ConcreteWorksO. TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT's
website.
3,318 Construction Contract. A Contract entered under State law for the construction, reconstruction, or
maintenance of a segment of the Owner's transportation system.
39328 Consultant,. The licensed professional engineer or engineering firm, or the architect or architectural firm,
registered in the State of Texas and under Contract to the Owner to perform professional services. The
consultant maybe the Engineer or architect of record or may provide services through and be subcontracted
to the Engineer or architect of record.
38336 Contract. The agreement between the Owner and the Contractor establishing the obligations of the parties
for furnishing of materials and performance of the work prescribed in the Contract documents.
38340 Contract Documents. Elements of the Contract, including, but not limited to, the plans, specifications
incorporated by reference, special provisions, special specifications, Contract bonds, change orders,
addendums, and supplemental agreements.
3,359 Contract Time. The number of days specified for completion of the work, including authorized additional
working days.
3,369 Contractor. The individual, partnership, limited liability company, corporation, or joint venture and all
principals and representatives with which the Contract is made by the Owner.
3037, Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in
;�►. part, from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways.
39388 Control of Access. The condition in which the right to access of owners or occupants of abutting land or
other persons in connection with a highway is fully or partially controlled by public authority.
3.39. Control Point. An established point shown on the plans to provide vertical and horizontal references for
geometric control for construction.
3240, Cross -Sections. Graphic representations of the original ground and the proposed facility, at right angles to
the centerline or base line.
3641, Culvert. Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts
may also be classified as bridges. (See Section 1.3,23., "Bridge.")
30429 Cycle. The activity necessary for performing the specified work within the right of way project limits once.
39438 Daily Rom -User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public
resulting from the work.
38446 Date of Written Authorization. Date of the written Notice to Proceed authorizing the Contractor to begin
work.
38458 Debar (Debarment). Action taken by the Owner, State, or federal government pursuant to regulation that
prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or
supplier of materials or equipment used in a highway improvement Contract as defined in local, state, or
federal law.
3846, Detour. A temporary traffic route around a closed portion of a road.
39478 Department. When used in the context of the party with whom the Contractor has a Construction Contract,
� Department refers to Owner. When used in other contexts such as technical specifications, refers to the
Texas Department of Transportation.
38489 Departmental Material Specifications. Reference specifications for various materials published by
TxDOT's Construction Division with a DMS=XXXXX numbering system.
30499 Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have
an overlay or other riding surface treatment.
3050, Disadvantaged Business Enterprise. A small business certified through the Texas Unified Certification
Program in accordance with 49 CFR Part 26, that is at least 51 % owned by one or more socially and
economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51
of the stock is owned by one or more socially and economically disadvantaged individuals, and whose
management and daily business operations are controlled by one or more of the individuals who own it.
3,51, Divided Highway. A highway with separate roadways intended to move traffic in opposite directions.
3s529 Easement. A real property right acquired by one party to use land belonging to another party for a specified
purpose.
3053, Engineer. The Professional Engineer licensed in Texas who represents the interests of the Owner.
3,548 Entity. Political subdivision for which the project is designed and constructed. Either a Municipality (City) or a
County or other entity organized under the authority of State of Texas statutes. May also be referred to as an
Owner.
�. 3,550 Expressway. A divided arterial highway for through traffic with full or partial control of access and generally
with grade separations at intersections.
3056,, Family Member. A family member of an individual is the individual's parent, parent's spouse, step-parent,
step -parent's spouse, sibling, sibling's spouse, spouse, child, child's spouse, spouse's child, spouse's child's
spouse, grandchild, grandparent, uncle, uncle's spouse, aunt, aunts spouse, first cousin, or first cousin's
spouse.
3,578 Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials
furnished with markups for project overhead and profit.
38585 Fr%olMway. An expressway with full control of access.
3859, 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).
38600 Hazardous Materials or Waste. Hazardous materials or waste include, but are not limited to, explosives,
compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive
materials, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or
applicable state and federal regulations.
3561a High -Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi.
3,628 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.
35636 Historically Underutilized Business. A corporation, sole proprietorship, partnership, or joint venture formed
for the purpose of making a profit certified by the Texas Comptroller of Public Accounts, and 51 % owned by
one or more persons who are economically disadvantaged because of their identification as members of
certain groups, including African Americans, Hispanic Americans, Asian -Pacific Americans, Native
Americans, or women, and have a proportionate interest and demonstrate active participation in the control,
operation, and management of the business' affairs. Individuals meeting the HUB definition are required to
be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of
Texas are not eligible for HUB certification.
3064, Incent've/Disincentoive Provisions. An adjustment to the Contract price of a predetermined amount for
each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion
dates. The amount of the incentive/disincentive is determined based on estimated costs for engineering,
traffic control, delays to the motorists, and other items involved in the Contract.
38659 Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment
used in the acceptance program. The tests are performed by the Owner or the Owner's representative and
are not used for acceptance purposes.
30668 Inspector. The person assigned by the Owner to inspect any or all parts of the work and the materials used
for compliance with the Contract.
3,67, Intelligent Transportation System. An integrated system that uses video and other electronic detection
devices to monitor traffic flows.
38689 Intersection. The general area where 2 or more highways, streets, or roads join or cross, including the
roadway and roadside facilities for traffic movements within it.
3,69, Island. An area within a roadway from which vehicular traffic is intended to be excluded, together with any
area at the approach occupied by protective deflecting or warning devices.
3@70@ Joint Venture. Any combination of individuals, partnerships, limited liability companies, or corporations
submitting a single bid form.
38718 Lane Rental. A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or
combination of lanes and shoulders taken out of service.
332s Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder.
3,730 Letting Official. The Owner representative empowered by the Owner to officially receive bids and close the
receipt of bids at a letting.
3@74@ Licensed Professional Engineer. A person who has been duly licensed by the Texas Board of Professional
Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional
Engineer.
39758 Limits of Construction. An area with established boundaries, identified within the highway right of way and
easements, where the Contractor is permitted to perform the work.
38760 Local Street or Road. A street or road primarily for access to residence, business, or other abutting
property.
38778 Low -Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi.
3878, Major Item. An item of work included in the Contract that has a total cost equal to or greater than 5% of the
original Contractor $100,000 whichever is less. A major item at the time of bid will remain a major item. An
item not originally a major item does not become one through the course of the Contract.
3,790 Material Producer List. TxDOT-maintained list of approved products. Referenced as "Departments MPU.
30800 Materially Unbalanced Bid. A bid that generates a reasonable doubt that award to the Bidder submitting a
mathematically unbalanced bid will result in the lowest ultimate cost to the Owner.
3981, MathemaUcally Unbalanced Bold. A bid containing bid prices that do not reflect reasonable actual costs plus
a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs.
36828 Median. The portion of a divided highway separating the traffic lanes in opposite directions.
38830 Milestone Date. The date that a specific portion of the work is to be completed, before the completion date
for all work under the Contract.
3,84, Monolithic Concrete Placement. The placement of plastic concrete in such manner and sequence to
prevent a construction joint.
3885o National Holidays. January 1, the last Monday in May, July 4, the first Monday in September, the fourth
Thursday in November, and December 24 or December 25.
3886, Nonhazardous Recyclable Material. A material recovered or diverted from the nonhazardous waste stream
for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using
raw or virgin materials.
36878 Nonresident Bidder. A Bidder whose principal place of business is not in Texas,, This includes a Bidder
whose ultimate parent company or majority owner does not have its principal place of business in Texas.
36886 Nonresponsive Bid. A bid that does not meet the criteria for acceptance contained in the bid documents.
3089m Non -Site -Specific Contracts. Contracts in which a geographic region is specified for the work and for which
IA�I work orders, with or without plans, further detail the limits and work to be performed.
3s90v Notice to Proceed, Written notification to the Contractor authorizing work to begin.
3,91, Notification. Either written or oral instruction to the Contractor concerning the work. Voice mail is oral
notification.
38929 Owner, Political subdivision for whom the project is designed and constructed. Either a Municipality (City), a
County or other entity organized under the authority of State of Texas statutes. May also be referred to as an
Entity.
3693, Pavement. That part of the roadway having a constructed surface for the use of vehicular traffic.
39943
Pavement Structure. Combination of surface course and base course placed on a subgrade to support the
traffic load and distribute it to the roadbed.
3894818
Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists
skidding, traffic abrasion, and the disintegrating effects of climate and is sometimes called the wearing
course.
3094628
Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface
course.
3994830
Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are
constructed.
3694849
Subgrade Treatment. Modifying or stabilizing material in the subgrade.
3895,
Payment Bond. The security executed by the Contractor and the Surety, furnished to the Owner to
guarantee payment of all legal debts of the Contractor pertaining to the Contract.
3696,
Performance Bond. The security executed by the Contractor and the Surety, furnished to the Owner to
guarantee the completion of the work in accordance with the terms of the Contract.
38978
Plans. The approved drawings, including true reproductions of the drawings that show the location,
character, dimensions, and details of the work and are a part of the Contract.
38988
Power of Attorney for Surety Bonds. An instrument under corporate seal appointing an attorney-in-fact to
act on behalf of a Surety in signing bonds.
1999
Qualification. The process for determining a Contractor's eligibility to be awarded a construction contract
301008
Prequal'Ificat'ion. The process for determining a Contractor's eligibility to bid work.
39101,
Prequalaificat3ion Statement. The forms on which required information is furnished concerning the
Contractor's ability to perform and finance the work.
38102,
Prequalgified Contractor. A contractor that is approved to bid on TxDOT contracts by satisfying their
Prequalification Process.
36103,
Post Qualficat'ion . The owner will determine if contractors are qualified to bid on the project after bids are
open. The bid documents will identify the minimum requirements that contractor must meet to be qualified
for the project. Unqualified contractors' bids will be considered non -responsive and not accepted.
Gi■r�i
381040 Project -Specific Location. A material source, plant, waste site, parking area, storage area, field office,
staging area, haul road, or other similar location either outside the project limits or within the project limits but
not specifically addressed in the Contract.
381055 Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a
Contract if awarded the work.
381062 Quality Assurance. Sampling, testing, inspection, and other activities conducted by the Engineer to
determine payment and make acceptance decisions.
311078 Quality Control. Sampling, testing, and other process control activities conducted by the Contractor to
monitor production and placement operations.
3108, Ramp. A section of highway for the primary purpose of making connections with other highways.
1109s Referee Tests. Tests requested to resolve differences between Contractor and Owner test results. The
referee laboratory is the Owners .
3all0a Regular Item. A bid item contained in the bid documents and not designated as an additive alternate or
replacement alternate bid item.
391118 Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates.
30112, Replacement Alternate. A bid item identified on the bid documents that a Bidder may substitute for a
specific regular item of work.
3e1138 Responsive Bid. A bid that meets all requirements of the advertisement and the bid documents for
acceptance.
3.114, Right of Way. A general term denoting land or property devoted to transportation purposes.
11159 Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and
shoulders. On divided highways, the depressed median type and the raised median type highways are
considered to have 2 roadbeds. Highways with a flush median are considered to have 1 roadbed. Frontage
roads are considered separate roadbeds.
3,116, Road Master. A railroad maintenance official in charge of a division of railway.
3s1178 Roadside. The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved
median areas between inside shoulders of divided highways and areas within interchanges are included.
381189 Roadway. The portion of the highway (including shoulders) used by the traveling public.
39119, Sandblasting, Dry. Spraying blasts of pressurized air combined with sand.
3,1208 Sandblasting, Wet. Spraying blasts of pressurized water combined with sand.
35121, Shoulder. That portion of the roadway contiguous with the traffic lanes for accommodation of stopped
vehicles for emergency use or for lateral support of base and surface courses.
381229 Shot Blasting. Spraying blasts of pressurized air combined with metal shot.
39123, Sidewalk. Portion of the right of way constructed exclusively for pedestrian use.
3,1248 Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media.
3.125. Special Provisions. Additions or revisions to these standard specifications or special specifications.
3.126. Special Specifications. Supplemental specifications applicable to the Contract not covered by these
standard specifications.
3.127. Specifications. Directives or requirements issued or made pertaining to the method and manner of
performing the work or to quantities and qualities of materials to be furnished under the Contract. References
to DMSs, ASTM or AASHTO specifications, or TxDOT bulletins and manuals, imply the latest standard or
tentative standard in effect on the date of the bid. The Owner will consider incorporation of subsequent
changes to these documents in accordance with Item 4L, "Scope of Work."
3.128. Small Business Enterprise. A firm (including affiliates) whose annual gross receipts do not exceed the U.S.
Small Business Administration's size standards for 4 consecutive years.
3.129. State. The State of Texas.
3.130. Left Blank
3.131. Station. A unit of measurement consisting of 100 horizontal feet.
3.132. Subcontract. The agreement between the Contractor and subcontractor establishing the obligations of the
parties for furnishing of materials and performance of the work prescribed in the Contract documents.
3.133. Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof
that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a
hauling firm hauling only from a commercial source to the project, truck owner -operator, wholly -owned
subsidiary, or specialty -type businesses such as security companies and rental companies.
3.134. Subsidiary. Materials, labor, or other elements that because of their nature or quantity have not been
identified as a separate item and are included within the items on which they necessarily depend.
3.135. Substructure. The part of the structure below the bridge seats, but not including bearings, drilled shafts, or
piling. Parapets, back walls, wing walls of the abutments, and drainage structures are considered parts of the
substructure.
3.136. Superintendent. The representative of the Contractor who is available at all times and able to receive
instructions from the Owner or authorized Owner representatives and to act for the Contractor.
3.137. Superstructure. The part of the structure above the bridge seats or above the springing lines of arches and
including the bearings. Flatwork construction may be considered superstructure.
3.138. Supplemental Agreement. Written agreement entered into between the Contractor and the Owner and
approved by the Surety, covering alterations and changes in the Contract. A supplemental agreement is
used by the Owner whenever the modifications include assignment of the Contract from one party to another
or other cases as desired by the Owner.
3.139. Surety. The corporate body or bodies authorized to do business in Texas bound with and for the Contractor
for the faithful performance of the work covered by the Contract and for the payment for all labor and material
supplied in the prosecution of the work.
3.140. Surplus Materials. Any debris or material related to the Contract but not incorporated into the work.
3.141. Suspension. Action taken by the Owner, State, or federal government pursuant to regulation that prohibits a
person or company from entering into a Contract, or from participating as a subcontractor, or supplier of
materials or equipment used in a contract
381429 Tex )XX=X. TxDOT material test methods found on TxDOT's Construction Division Web Site.
301438 Traffic Lane. The strip of roadway 'in tended to accommodate the forward movement of a single line of
vehicles.
391448 Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary
lanes.
361459 Truck Owner -Operator. An individual who owns and operates 1 truck for hire.
391468 UT -Bridge. TxDOT-owned software for steel girder erection. Software is available on TxDOT's website.
381478 UT -Lift. TxDOT-owned software for steel girder erection. Software is available on TxDOT's website.
381488 Utility. Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or
distributing communications, power, heat, gas, oil, water, waste, or storm water that are not connected with
the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility
company.
381492 Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing.
39150m WatermAbrasive Blasting. Spraying blasts of pressurized water combined with abrasive media.
11519 Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi.
361520 Water -Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive/air stream at the
nozzle.
31538 Wholly -Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor.
391548 Work. The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful
completion of the Contract.
391558 Written Notice. Written notice is considered to have been duly given if delivered in person to the individual
or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last
known business address; sent by facsimile to the last known phone number; or sent by e-mail to the last
known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to
provide current mailing address will not be considered a failure to provide written notice.
� Item 2L
Instructions to Bidders
in INTRODUCTION
Instructions to the Contractor in these specifications are generally written in active voice, imperative mood.
The subject of imperative sentences is understood to be "the Contractor." The Owner's responsibilities are
generally written in passive voice, indicative mood. Phrases such as " as approved," " unless otherwise
approved," " upon approval," " as directed," " as verified, )I ° as ordered," and " as determined" refer to actions of
the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which
they relate are within the limitations of and authorized by the Contract.
2. ELIGIBILITY OF BIDDERS
Bidders on this project must be prequalified though TxDOT. Refer to TxDOT's web site for prequalification
requirements. Assure prequalification documents are submitted to TxDOT at least 14 days before bid
opening. Comply with all technical prequalification requirements in the bid documents.
3. ISSUING BID DOCUMENTS
Bid Documents may be obtained at www.roundrocktexas.gov,
At the time Bid Documents are obtained, Bidder must provide a working e-mail address, so as to receive any
� addenda or clarification issued by the Owner.
The Owner will not issue bid documents if one or more of the following apply:
■ the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid
documents,
m the Bidder failed to enter into a Contract on the original award,
m the Bidder was defaulted or terminated on the original Contract, unless the Owner terminated for
convenience, or
m the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to
participate in the preparation of the plans or specifications on which the bid or Contract is based.
4. INTERPRETING ESTIMATED QUANTITIES
The quantities listed in the bid documents are approximate and will be used for the comparison of bids,.
Payments will be made for actual quantities of work performed in accordance with the Contract.
5. EXAMINING DOCUMENTS AND WORK LOCATIONS
Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a
bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water
elevations, and underground utilities shown on the plans were obtained for the use of the Owner in the
preparation of plans. This information is provided for the Bidder's information only and the Owner makes no
representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material
encountered in making foundation investigations, the possible erosion of stream channels and banks after
survey data have been obtained, and the unreliability.of water elevations other than for the date recorded.
Oral explanations, instructions, or consideration for Contractor -proposed changes in the bid documents given
during the bidding process are not binding. Only requirements included in the bid documents and Owner -
issued addenda are binding. Request explanations of documents at least five(5) days prior to the bid
opening.
Immediately notify the Owner of any error, omission, or ambiguity discovered in any part of the bid
documents. The Owner will issue addenda when appropriate.
6. PREPARING THE BID
Prepare the bid form furnished by the Owner. Informational bid forms printed from the Owner's website will
not be accepted.
Specify a unit price in dollars and cents for each regular item, additive alternate item, deductive alternate
item or replacement alternate item for which an estimated quantity is given.
When "Working Days" is an item, submit the number of working days to be used to complete the Contractor
phases of the Contract.
The Owner will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is
considered incomplete:
m the bid form was not signed,
m all certifications were not acknowledged,
m a regular item, additive alternate item or deductive alternate item is left blank,
m a regular item and the corresponding replacement alternate item are left blank,
m the bid form submitted had the incorrect number of items, or
m all addenda were not acknowledged.
7. NONRESPONSIVE BID
The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is
considered nonresponsive:
m The bid was not in the hands of the Letting Official at the time and location specified in the
advertisement.
m A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or
affiliates.
m The Bidder failed to acknowledge receipt of all addenda issued.
m The bid form was signed by a person who was not authorized to bind the Bidder or Bidders.
m The bid guaranty did not comply with the requirements contained in this Item.
m The bid was in a form other than the official bid form issued by the Owner.
m The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in
the bid documents.
m The Bidder bid more than the maximum or less than the minimum number of allowable working days
when working days was an item.
m The Bidder did not attend a specified mandatory pre -bid conference.
m The Bidder did not meet the requirements of the technical qualification.
m The Bidder did not include a signed State of Texas Child Support Business Ownership Form.
m The bidder is not prequalified by TxDOT
8. SUBMITTAL OF BIDS
8819 Printed Bid.
881 A 9 Bold Form. Mark all entries in ink. As an alternative to hand writing the unit prices in the bid form, submit a
typed bid form. A typed bid form must contain the information in the format shown on the "Example of Bid
Prices Submitted by Computer Printout' in the bid form.
When regular bid items have corresponding replacement alternate items, select the bid item or group of
items to be used for the bid tabulation. Acknowledge all addenda by checking the appropriate box on the
addendum acknowledgement page. Provide the complete and correct name of the Bidder submitting the bid.
A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture, provide the
complete and correct name of all Bidders submitting the bid. In the case of a joint venture, the person signing
the bid form must be authorized to bind all joint venture participants.
If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items
for foreign steel or iron materials, the Bidder must either:
■ submit unit bid prices for domestic items only, or
m submit unit bid prices for both the domestic and foreign items.
8182. Bold Guaranty. Provide a bid guaranty in the amount indicated on the bid documents. Use either a guaranty
check or a printed bid bond. An electronic bid bond may be used as the guaranty. Ensure the electronic bid
bond meets the requirements of Section 2.8.1.2., "Bid Guaranty," and submit the electronic bid bond with the
printed bid.
8el e3s Guaranty Check. Make the check payable to the Owner. The check must be a cashier's check, money
order, or teller's check drawn by or on a state or national bank, or a state or federally chartered credit union
(collectively referred to as "bank"). The check must be dated on or before the date of the bid opening.
Postdated checks will not be accepted. The type of check or money order must be indicated on the face of
the instrument, except in the case of a teller's check, and the instrument must be no more than 90 days old.
A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and
on a bank; or be payable at or through a bank. The Owner will not accept personal checks, certified checks,
or other types of money orders.
881849 Bid Bond. Use the bid bond form provided by the Owner. Submit the bid bond with the powers of attorney
attached and in the amount specified. The bond must be dated on or before the date of the bid opening, bear
the impressed seal of the Surety, and be signed by the Bidder or Bidders and an authorized individual of the
Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond
completed as outlined in this section. Bid bonds will only be accepted from Sureties authorized to execute a
bond under and in accordance with State law.
8.1.5. Submittal of Bold, Place the completed bid form and the bid guaranty in a sealed envelope marked to
indicate the contents.
When submitting by mail or delivery service, place the envelope in another sealed envelope and address as
indicated in the official advertisement or in the bid documents. It is the Bidder's responsibility to ensure that
the sealed bid arrives at the location described on or before the time and date set for the bid opening. To be
accepted, the bid must be in the hands of the Letting Official by that time of opening regardless of the
method chosen for delivery.
8al s6a Revising the Bid Form. Make desired changes to the bid form in ink and submit the bid to the Letting
Official. The Owner will not make revisions to a bid on behalf of a Bidder.
861 @7@Wthdramnrig
a Bind, Submit a written request to withdraw a bid before the time and date set for the opening.
The Owner will not accept oral requests. A written request must be signed and submitted to the Letting
Official with proof of identification. The request must be made by a person authorized to bind the Bidder or
Bidders. In the case of joint venture, the Owner will accept a request from any person authorized to bind a
parry to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the
/4"'4� individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders.
9. OPENING AND READING OF BIDS
At the time, date, and location specified in the official advertisement, the Owner will publicly open and read
bids.
ion TABULATING BIDS
1091 a Official Total Bold Amount. The Owner will sum the products of the quantities and the unit prices bid in the
bid form to determine the official total bid amount, except as provided in Section 2.11 ., "Consideration of Unit
Prices." The official total bid amount is the basis for determining the apparent low Bidder. The total bid
amounts will be compared and the results made public.
10,29 Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent to the
nearest one -tenth cent ($0.001) in determining the amount of the bid as well as computing the amount due
for payment of each item under the Contract. For rounding purposes, entries of five -hundredths of a cent
($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five -
hundredths of a cent will be rounded down to the next lowest tenth of a cent.
10,39 Interpretation of Unit Prices. The Owner will make a documented determination of the unit bid price if a unit
bid price is illegible or conflicting in the case of replacement alternate items. The Owner's determination will
be final.
10,42 Consideration of Unit Prices.
� 1084918 A + B Bidding. The official total bid amount will be determined by the summation of the Contract amount and
the time element. The Owner will use the following formula to make the calculation:
A+B1 +B2+BX+ .. +BT
The Contract amount, equal to A in the formula, is determined by the summation of the products of the
approximate quantities shown in the bid and the unit bid prices bid. The time element, equal to B1, B2, BX
(when phases are included as bid components), and BT (substantial completion of the project when included
as a bid component), of the bid is determined by multiplying the number of working days bid to substantially
complete the project, or phases, by the daily road -user cost (RUC) provided on the bid documents. When
partial days are bid they will be rounded up to the nearest whole day.
The formula above determines the low Bidder and establishes the Contract time.
1084826 " Buy America." Comply with Buy America in accordance with Section 6.1.1.. For a Bidder who proposes to
use foreign steel or iron materials to be considered the apparent low Bidder, their total bid must be at least
25% lower than the next lowest bid if that bid proposes to use domestic steel or iron materials.
This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all
foreign source items used in the project, as delivered to the project site, is less than $2,500 or one -tenth -of -
one -percent (1/10 of 1 %) of the Contract amount, whichever is greater
11. CONSIDERATION OF BID ERRORS.
The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have
been met:
m Submit written notification to the Owner within 5 business days after the date the bid is opened.
in Identify the items of work involved and include bidding documentation. The Owner may request
clarification of submitted documentation.
The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following:
m The bid error relates to a material item of work.
m The bid error amount is a significant portion of the total bid.
m The bid error occurred despite the exercise of ordinary care.
m The delay of the proposed work will not impact cost and safety to the public.
Acceptance of the bid error claim by the Owner will result in the rejection of the bid of the apparent low bidder
.and the Owner may consider the second responsive bid. The erring Contractor will not be allowed to bid the
project if it is relet, Rejection of bids due to the Contractor's bid error may result in the application of
sanctions by the Owner.
12a TIE BIDS
If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted, each tie
Bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids,
the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids, no
withdrawals will be allowed and the low Bidder will be determined by a coin toss. The Letting Official will
preside over the proceedings for the coin toss.
Item 3L
Award and Execution of Contract
is AWARD OF CONTRACT
The Owner will award, reject, or defer the Contract within 30 days after the opening of the bid. The Owner
reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner.
lain Award. The Owner will award the Contract to the low Bidder as determined by Article 2.11 ., "Tabulating
Bids." The Owner may award a Contract to the second lowest Bidder when the following requirements have
been met:
m The low Bidder withdraws its bid.
m The low Bidder fails to enter into a contract with the Owner after Award
m The second low Bidder's unit bid prices are reasonable.
1,20 Rejection. The Owner will reject the Contract if:
■ Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future
bids for the same Contract.
m The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future
bids for the same Contract.
m The lowest bid is higher than the Owner's estimate and re -advertising for bids may result in a lower bid.
m Rejection of the Contract is in the best interest of the Owner.
1.3. Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of
the Owner.
2. RESCINDING OF AWARD
The Owner reserves the right to cancel the award of any Contract before Contract execution with no
compensation due when the cancellation is in the best interest of the Owner. The Owner will return the bid
guaranty to the Contractor.
3. DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED
BUSINESS/SMALL BUSINESS ENTERPRISE (SBA
Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents.
4. EXECUTION OF CONTRACT
Provide the following within 10 days after written notification of award of the Contract:
481 a Contract. Executed by Contractor and Surety.
4828 Bonds. Executed performance bond and payment bond in the full amount of the Contract price with powers
of attorney. Provide bonds in accordance with Table 1. Furnish the payment and performance bonds as a
guaranty for the protection of the claimants and the Owner for labor and materials and the faithful
performance of the work.
Tile 1
Bondina Reaulrements
Contract Amount
RiMu'ired Bonds
Less than $25,000
None
$25, 000 to $100, 000
Performance and Payment
More than $100,000
Performance and Payment
4038 Insurance. Submit a Certificate of Insurance showing coverages in accordance with Contract requirements.
Insurances must cover the contracted work for the duration of the Contract and must remain in effect until
final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension
of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work
until the Owner receives an acceptable Certificate of Insurance.
Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage shown in
Table 2. The Certificate of Insurance must be in a form approved by the Owner. Any Certificate of Insurance
provided must be available for public inspection.
Table 2
Insurance Reaulrements
Type of Insurance
Amount of Coverage
Commercial General Liability Insurance
Not Less Than:
$500,000 each occurrence
Business Automobile Policy
Not Less Than:
1
$500,000 combined single limit
Workers' Compensation
Not Less Than:
Statutor
All Risk Builder's Risk Insurance
100% of Contract Price
(For building -facilities Contracts only)
By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations
pertaining to workers' compensation insurance. This certification includes all subcontractors. Pay all
deductibles stated in the policy. Subcontractors must meet the requirements of Table 2 either through their
own coverage or through the Contractor's coverage.
The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the Owner.
For building -facilities Contracts, provide All Risk Builder's Risk Insurance to protect the Owner against loss
by storm, fire or extended coverage perils on work and materials intended for use on the project including the
adjacent structure. Name the Owner under the Lost Payable Clause.
For Contracts with railroad requirements, see project -specific details for additional insurance requirements.
Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of
notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the
Contract amount or the Surety's right to do business is terminated by the Owner. The substitute Surety must
be authorized by the laws of the State and acceptable to the Owner. Work will be suspended until a
substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable
Surety is provided, whichever is sooner.
The work performed under this section will not be measured or paid for directly but will be subsidiary to
pertinent items.
4,4, Railroad Documents. Provide all required documents for satisfaction of railroad requirements for projects
that have work which involves railroad right of way.
5. FAILURE TO ENTER CONTRACT
If the Contractor fails to comply with all of the requirements in Article 3.4., " Execution of Contract," the bid
guaranty will become the property of the Owner, not as a penalty, but as liquidated damages. The Contractor
forfeiting the bid guaranty will not be considered in future bids for the same work unless there has been a
substantial change in design of the work.
6. APPROVAL AND EXECUTION OF CONTRACT
The Contract will be approved and signed under authority of the Owner.
7. RETURN OF BID GUARANTY
The bid guaranty check of the low Bidder will be retained until after the Contract has been rejected or
awarded and executed. Bid bonds will not be returned.
8. BEGINNING OF WORK
Do not begin work until authorized in writing by the Owner.
When callout work is required, provide a method of contact available from 8 A.M. until 5 P.M. every work day
and 24 hr. a day, 7 days a week for projects with emergency mobilization, unless otherwise shown on the
plans. The time of notice will be the transmission time of the notice sent, provided orally, or provided in
person by the Owner's representative.
Verify all quantities of materials shown on the plans before ordering.
For projects with alternate bid items, the work order will identify the base bid work and additive or deductive
alternate work to be performed. The Owner makes no guarantee that the additive or deductive alternate work
will be required.
9. ASSIGNMENT OF CONTRACT
Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion rights, title, or interest
(including claims) without the approval of the Owner or designated representative. The Owner must deem
any proposed assignment justified and legally acceptable before the assignment can take place.
ion EXCLUDED PARTIES
The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a
subcontractor that is debarred or suspended by the Owner or by any state or federal agency.
�i■ii
Item 4L
Scope of Work
in CONTRACT INTENT
The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies,
tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the
work in accordance with Contract documents.
2. PRECONSTRUCTION CONFERENCE
Before starting work, schedule and attend a preconstruction conference with the Owner. Failure to schedule
and attend a preconstruction conference is not grounds for delaying the beginning of working day charges.
Work with the Owner to resolve all issues during the course of the Contract. Refer to Article 4.7., "Dispute or
Claims Procedure," for all unresolved issues.
3. PARTNERING
The intent of this Article is to promote an environment of trust, mutual respect, integrity, and fair -dealing
between the Owner and the Contractor.
Informal partnering does not make use of a facilitator, while formal partnering uses the services of a facilitator
� (internal or external).
301 9 Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering
is mutually agreed to instead of the informal partnering.
3028 Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships.
This individual must have the technical knowledge and ability to lead and guide discussions. Choose either
an internal or external facilitator. The facilitator must be acceptable to the Engineer.
35201 a Internal Facilitators. An Owner or Contractor internal (staff facilitator may be selected as the facilitator at
no additional cost to either party.
3,2828 External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may
be selected as the facilitator. Submit the facilitator's name and estimated fees for approval before contracting
with the facilitator.
3039 Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including
third party facilities, and other needs and appurtenances, including, but not limited to, audio or visual
equipment. Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the
vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing
arrangements.
Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an
appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor,
and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed.
,•�.,� The Owner will invite and provide a list of attendees that includes, but is not limited to, Owner, TxDOT, other
local governments, law enforcement, railroad, and utility representatives.
Participate in additional partnering meetings as mutually agreed.
� 3849 Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed
in Article 9.7., "Payment for Extra Work and Force Account Method," will not be allowed.
Informal partnering will be conducted with each party responsible for their own costs.
For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for
expenses incurred by its internal facilitator, including, but not limited to, meals, travel, and lodging. Owner
facilitators, if available, may be used at no additional cost.
For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The
Owner will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not
approved by the Owner but used at the Contractor's option, the Contractor will be responsible for all costs of
the external facilitator.
For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Owner
will reimburse the Contractor for half of the eligible expenses as approved.
4. CHANGES IN THE WORK
The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of
quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will
not invalidate the Contract nor release the Surety. The Contractor is responsible for notifying the sureties of
any changes to the Contract.
If the changes in quantities or the alterations do not significantly change the character of the work under the
Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the
alterations significantly change the character of the work, the Contract will be amended by a change order. If
no unit prices exist, this will be considered extra work and the Contract will be amended by a change order.
Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated
profits on work that is eliminated.
Agree on the scope of work and the basis of payment for the change order before beginning the work,, If
there is no agreement, the Engineer may order the work to proceed under Article 9.7., "Payment for Extra
Work and Force Account Method," or by making an interim adjustment to the Contract. In the case of an
adjustment, the Engineer will consider modifying the compensation after the work is performed.
A significant change in the character of the work occurs when:
■ the character of the work for any item as altered differs materially in kind or nature from that in the
Contractor
■ a major item of work varies by more or less than 25% from the original Contract quantity.
When the quantity of work to be done under any major item of the Contract is more than 125% of the original
quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price
on the portion of the work that is above 125%.
When the quantity of work to be done under any major item of the Contract is less than 75% of the original
quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price.
If the changes require additional working days to complete the Contract, Contract working days will be
adjusted in accordance with Item 8, "Prosecution and Progress."
0
5. DIFFERING SITE CONDITIONS
During the progress of the work, differing subsurface or latent physical conditions may be encountered at the
site. The 2 types of differing site conditions are defined as:
■ those that differ materially from those indicated in the Contract and
m unknown physical conditions of an unusual nature differing materially from those ordinarily encountered
and generally recognized as inherent in the work provided for in the Contract.
Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the
Contractor when the Owner discovers differing site conditions. Unless directed otherwise, do not work on the
affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine
whether differing site conditions exist. If the differing site conditions cause an increase or decrease in the
cost or number of working days specified for the performance of the Contract, the Engineer will make
adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional
compensation will be made only if the required written notice has been provided.
6. REQUESTS FOR ADDITIONAL COMPENSATION
Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the
basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The
intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to
keep an accurate account of the actual costs that may arise. Minimize impacts and costs.
If written notice is not given, the Contractor waives the right to additional compensation unless the
circumstances could have reasonably prevented the Contractor from knowing the cost impact before
performing the work. Notice of the request and the documentation of the costs will not be construed as proof
or substantiation of the validity of the request. Submit the request in enough detail to enable the Owner to
determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and
compensation.
The Owner will not consider fees and interest on requests for additional compensation. Fees include, but are
not limited to: preparation, attorney, printing, shipping, and various other fees.
Damages occur when impacts that are the responsibility of the Owner result in additional costs to the
Contractor that could not have been reasonably anticipated at the time of letting. Costs of performing
additional work are not considered damages. For Contractor damages, the intent is to reimburse the
Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor
burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can
justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology
provided by the Owner, submitted separately for project overhead labor and direct labor, and determined
and submitted by a Certified Public Accountant (CPA). Submit CPA -prepared labor burden rates directly to
the Owner.
If the Contractor requests compensation for delay damages and the delay is determined to be compensable,
then standby equipment costs and project overhead compensation will be based on the duration of the
compensable delay and will be limited as follows:
6,1s Standby Equipment Costs. Payment will be made in accordance with Section 93.1,43., "Standby
Equipment Costs."
6@2@ Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at
the work locations. When delay to project completion occurs, reimbursement for project overhead for the
Contractor will be made using the following options:
'�" ■ reimbursed at 6% (computed as daily cost by dividing 6% of the original Contract amount by the number
of original Contract work days), or
m actual documented costs for the impacted period.
Project overhead for delays impacting subcontractors will be determined from actual documented costs
submitted by the Contractor.
Time extensions and suspensions alone will not be justification for reimbursement for project overhead.
6830 Home Office Overhead. The Owner will not compensate the Contractor for home office overhead.
7. DISPUTE OR CLAIMS PROCEDURE
The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor.
Emphasis is placed on resolving issues while they are still current, at the project office, and in an informal
manner. Open sharing of information is encouraged by all parties involved so the information provided
completely and accurately reflects the issues and facts. If information is not shared, decisions may be limited
to relying on the documentation that is available for review.
The Owners's goal is to have a dispute settled by the Engineer before elevating it as a claim.
If a dispute cannot be resolved, initiate the Contract claim procedure by filing a Contract claim after the
completion of the Contract or when required for orderly performance of the Contract. Submit the claim to the
Owner in accordance with state law.
For a claim resulting from enforcement of a warranty period, file the claim no later than one year after
expiration of the warranty period. For all other claims, file the claim no later than the date the Owner issues
notice to the Contractor that they are in default, the date the Owner terminates the Contract, or one year after
the date of final acceptance of the Contract. It is the Contractor's responsibility to submit requests in a timely
manner.
� Item 5L
0
Control of the Work
in AUTHORITY OF ENGINEER
The Engineer has the authority to observe, test, inspect, approve, and accept the work on behalf of the
Owner. The Engineer decides all questions about the quality and acceptability of materials, work performed,
work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority
to enforce and make effective these decisions.
The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer's
decisions will be final and binding.
2. PLANS AND WORKING DRAWINGS
When required, provide working drawings to supplement the plans with all necessary details not included on
the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required,
before the beginning of the associated work. For all working drawing submittal requirements, the Engineer
may allow electronic and other alternative submission procedures. Have a licensed professional engineer
sign, seal, and date the working drawings as indicated in Table 1.
Prepare working drawings using United States standard measures in the English language. The routing of
submittals for review and approval will be established at the preconstruction conference. The Contractor is
responsible for the accuracy, coordination, and conformity of the various components and details of the
working drawings. Owner approval of the Contractor's working drawings will not relieve the Contractor of any
responsibility under the Contract. The work performed under this article will not be measured or paid for
directly but will be subsidiary to pertinent items.
Table 1
Signature and ADDroval Reaulrements for Working Drawings
Requires Licensed
Owner
Working Drawings For
Professional Engineer'sRequires
Approval
Siggature,Seal, and Date
1. Alternate or optional designs
Y1U0s
Yes
submitted by Contractor
2. Supplementary shop and fabrication
unlessNequired
See applicable
drawings for structural Items
on the plans
Item
3. Contractor-proposed temporary
facilities that affect the public safety, not
Yes
Yes
included on the plans
Bridges, retaining
Yes
4. Form and
Walls, and other
unless otherwise
Noy
falsework
major structures
shown on the plans
No
details
Minor structures
unless otherwise
No
shown on the plans
5. Erection drawings
Yes
No'12
6. Contractor -proposed major
Yes
Yes
modifications to traffic control plan
1. The Engineer may require that the Contractor have a licensed professional engineer
certify that the temporary works are constructed according to the sealed drawings.
2. Approval is required for items spanning over live traffic or where safety of the traveling
public is affected, in the opinion of the Engineer.
3. CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS
Furnish materials and perform work in reasonably close conformity with the lines, grades, cross -sections,
dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements
shown in the Contract (including additional plans for non -site -specific work). Reasonably close conformity
limits will be as defined in the respective items of the Contractor, if not defined, as determined by the
Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform
work beyond the lines and grades shown on the plans or any extra work without the Engineer's approval.
Work performed beyond the lines and grades shown on the plans or any extra work performed without
approval is considered unauthorized and excluded from pay consideration. The Owner will not pay for
material rejected due to improper fabrication, excess quantity*, or any other reasons within the Contractor's
control.
311, Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements, but is
adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted
and remain in place. The Engineer will document the basis of acceptance *by a letter and may adjust the
Contract price.
3820 Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is
inadequate to serve the design purpose it will be considered defective. Correct, or remove and replace, the
work at the Contractor's expense, as directed.
The Engineer has the authority to correct or to remove and replace defective or unauthorized work. The cost
may be deducted from any money due or to become due to the Contractor.
4. COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS
,.�•., The specifications, accompanying plans (including additional plans for non -site -specific work), special
provisions, change orders, and supplemental agreements are intended to work together and be interpreted
as a whole.
Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including
general notes), which govern over standard specifications and special specifications. Job -specific plan
sheets govern over standard plan sheets.
However, in the case of conflict between plans (including general notes) and specifications regarding
responsibilities for hazardous materials and traffic control in Items 1 L through 9L and Item 502, "Barricades,
Signs, and Traffic Handling," special provisions govern over standard specifications and special
specifications, which govern over the plans.
Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary
corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver
of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies
discovered.
5. COOPERATION OF CONTRACTOR
Cooperate with the Engineer. Respond promptly to instructions from the Engineer. Provide all information
necessary to administer the Contract.
Designate in writing a competent, English-speaking Superintendent employed by the Contractor. The
Superintendent must be experienced with the work being performed and capable of reading and
understanding the Contract. Ensure the Superintendent is available at all times and able to receive
r..., instructions from the Engineer or authorized Owner representatives and to act for the Contractor. The
Engineer may suspend work without suspending working day charges if a Superintendent is not available or
does not meet the above criteria.
At the written request of the Engineer, immediately remove from the project any employee or representative
� of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper
and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise
objectionable. Do not reinstate these individuals without the written consent of the Engineer.
Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work.
Provide adequate lighting to address quality requirements and inspection of nighttime work.
The Engineer may suspend the work without suspending working day charges until the Contractor complies
with this requirement. All work associated with fulfilling this requirement is subsidiary to the various items of
the Contract and no direct compensation will be made.
6. COOPERATING WITH UTILITIES
Use established safety practices when working near utilities. Consult with the appropriate utilities before
beginning work. Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to
adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans, the
Engineer will make necessary arrangements with the utility owner when utility adjustments are required.
Use work procedures that protect utilities or appurtenances that remain in place during construction.
Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the
utilities. Allow utilities access to the right of way.
Immediately notify the appropriate utility of service interruptions resulting from damage due to construction
activities. Cooperate with utilities until service is restored. Maintain access to active fire hydrants at all times
unless approved by the Engineer.
,.•., 7. COOPERATION BETWEEN CONTRACTORS
Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits.
8. COOPERATION WITH RAILROADS
Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the
railroad company.
If the work is on railroad right of way, do not interfere with the operation of the railroad company's trains or
other property.
8el a Project -Specific Information. Refer to project -specific plan sheets in the Contract for specific information
concerning the work to be completed by both the Contractor and the railroad within railroad right of way;
railroad right of way locations impacted by construction; percentage of Contract work at each location; train
movements at each location; and requirements for railroad insurance, flagging, and Right of Entry (ROE)
Agreements.
8828 Right of Entry Agreement (if required). The process for obtaining a fully executed ROE Agreement will be
as follows:
m The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted
construction Contract.
m Partially execute the ROE Agreement and return it to the Department with the required insurance
attached.
m The Owner will coordinate with the railroad company regarding the further execution of the ROE
,�•.,� Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad
company.
■ Once the Owner has received the fully -executed ROE Agreement from the railroad company, the Owner
will forward the fully -executed ROE Agreement to the Contractor.
9. CONSTRUCTION SURVEYING
Use Method B unless otherwise specified in the Contract. Upon request, the Engineer will allow the
Contractor to copy available earthwork cross -sections, computer printouts or data files, and other information
necessary to establish and control work. Maintain the integrity of control points. Preserve all control points,
stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control
points, stakes, marks, and right of way markers damaged by the Contractor's or its subcontractor operations.
If the Owner repairs disturbed control points, stakes, marks, or right of way markers, the cost of repair may
be deducted from money due or to become due to the Contractor. Replace right of way markers under the
direction of a RPLS. This work will be subsidiary to pertinent items.
The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work
and determine pay quantities. The Engineer's measurements and surveys do not relieve the Contractor's
responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying.
9010 Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for
providing both vertical and horizontal control. At a minimum, provide a controlling pair of monument points at
both the beginning and end of construction project for projects less than 2 miles in length. For projects
greater than 2 miles in length, monuments will be set in pairs of 2 at a minimum of 2 miles based on the
overall length of the project. Use these control points as reference to perform the work.
Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place
construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place
construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to
,....,,, interfere with normal maintenance operations.
982@ Method B. The Engineer will set adequate control points, stakes, and marks to establish lines, slopes,
grades, and centerlines. Furnish additional work, stakes, materials, and templates necessary for marking and
maintaining points and lines.
9m3s Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and
centerlines.
100 INSPECTION
Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work
performed and materials furnished, including preparation, fabrication, and material manufacture,, Inspectors
inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and
may suspend work until any issues can be referred to and decided by the Engineer. Inspectors cannot alter,
add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the
Contractor, or interfere with the management of the work. Inspection, or lack of inspection, will not relieve the
Contractor from obligation to provide materials or perform the work in accordance with the Contract.
Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a
complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed
without suitable inspection, as determined by the Engineer, may be ordered removed and replaced at
Contractor's expense. Remove or uncover portions of finished work as directed. Once inspected, restore
work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and
replace or make good the parts removed will be paid for in accordance with Article 4.4., "Changes in the
Work." If the work is unacceptable, assume all costs associated with repair or replacement, including the
IfA� costs to uncover, remove, and replace or make good the parts removed.
When a government entity, utility, railroad company, or other entity accepts or pays a portion of the Contract,
� that organization's representatives may inspect the work but cannot direct the Contractor. The right of
inspection does not make that entity a party to the Contract and does not interfere with the rights of the
parties to the Contract.
11. FINAL CLEANUP
Upon completion of the work, remove litter, debris, objectionable material, temporary structures, excess
materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's
operations during the prosecution of the work. Leave the work locations in a neat and presentable condition.
This work will not be paid for directly but will be considered subsidiary to items of the Contract.
Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary
structures, excess materials, and debris resulting from construction. Where work is in a stream, remove
debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and
presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is
higher. Dispose of all excess material in accordance with federal, state, and local regulations.
12m FINAL ACCEPTANCE
1281 0 Final acceptance is made when all work is complete and the Engineer, in writing, accepts all work for the
work locations in the Contract. Final acceptance relieves the Contractor from further Contract responsibilities.
12,1,10 Work Completed. Work completed must include work for vegetative establishment and maintenance, test,
and performance periods and work to meet the requirements of Article 5.11 ., "Final Cleanup."
1281,28 Final Inspection. After all work is complete, the Contractor will request a final inspection by the Engineer
authorized to accept the work.
The final inspection will be made as soon as possible, and not later than 10 calendar days after the request.
No working day charges will be made between the date of request and final inspection.
After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the
final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will
identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working
day charges will resume if these deficiencies are not corrected within 7 calendar days, unless otherwise
approved. Upon correction, the Engineer will make an inspection to verify that all deficiencies were corrected
satisfactorily. The Engineer will provide written notice of the final acceptance.
129183, Final Measurement. Final measurements and pay quantity adjustments may be made after final
acceptance.
1201943 Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning
signs upon final acceptance or as directed.
Item 6L
Control of Materials
1. SOURCE CONTROL
Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new
materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before
their delivery. Materials can be approved at a supply source or staging area but may be reinspected in
accordance with Article 6.4., "Sampling, Testing, and Inspection."
1.1. Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR 635.410. Use steel or
iron materials manufactured in the United States except when:
■ the cost of materials, including delivery, does not exceed 0.1 % of the total Contract cost or $2,500,
whichever is greater;
■ the Contract contains a replacement alternate item for a foreign source steel or iron product and the
Contract is awarded based on the replacement alternate item; or
■ the materials are temporarily installed.
Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent) with the proper attachments for
verification of compliance.
Manufacturing is any process that modifies the chemical content, physical shape or size, or final finish of a
product. Manufacturing begins with initial melting and mixing and continues through fabrication (cutting,
drilling, welding, bending, etc.) and coating (paint, galvanizing, epoxy, etc.).
1.2. Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if
such materials have been:
■ produced by convicts who are on parole, supervised release, or probation from prison; or
■ produced in a qualified prison facility.
A "qualified prison facility" means any prison facility in which convicts, during the 12-month period ending
July 1, 1987, produced materials for use in federal -aid highway construction projects.
2. MATERIAL QUALITY
Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory
results. Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of
source.
Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective
actions. Upon rejection, immediately remove and replace rejected materials.
If the Contractor does not comply with this article, the Owner may have defective material removed and
replaced. The cost of testing, removal, and replacement will be deducted from the estimate.
3. MANUFACTURER WARRANTIES
Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal
trade practice.
4. SAMPLING, TESTING, AND INSPECTION
Incorporate into the work only material that has been inspected, tested, and accepted by the Engineer.
Remove, at the Contractor's expense, materials from the work locations that are used without prior testing
and approval or written permission.
Unless otherwise mutually agreed, the material requirements and standard test methods in effect at the time
the proposed Contract is advertised govern. Unless otherwise noted, the Engineer will perform testing at
Owner's expense. In addition to facilities and equipment required by the Contract, furnish facilities and
calibrated equipment required for tests to control the manufacture of construction items. If requested, provide
a complete written statement of the origin, composition, and manufacture of materials.
All materials used are subject to inspection or testing at any time during preparation or use. Material which
has been tested and approved at a supply source or staging area may be reinspected or tested before or
during incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test
results are to be made available upon request. Do not use material that, after approval, becomes unfit for
use.
Unless otherwise noted in the Contract, all testing must be performed within the United States and witnessed
by the Engineer. If materials or processes require testing outside the contiguous 48 United States, reimburse
the Owner for inspection expenses.
5. PLANT INSPECTION AND TESTING
The Engineer may, but is not obligated to, inspect materials at the acquisition or manufacturing source.
Material samples will be obtained and tested for compliance with quality requirements.
,.•.., If inspection is at the plant, meet the following conditions unless otherwise specified:
m Cooperate fully and assist the Engineer during the inspection.
■ Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials.
m In accordance with pertinent items and the Contract, provide a facility at the plant for use by the
Engineer as an office or laboratory.
m Provide and maintain adequate safety measures and restroorn facilities.
m Furnish and calibrate scales, measuring devices, and other necessary equipment.
The Engineer may provide inspection for periods other than daylight hours if:
■ continuous production of materials for Owner use is necessary due to the production volume being
handled at the plant, and
m the lighting is adequate to allow satisfactory inspection.
6. STORAGE OF MATERIALS
Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can
be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean
surfaces as necessary or when directed.
Obtain approval to store materials on the right of way. Storage space off the right of way is at the
Contractor's expense.
7. OWNER -FURNISHED MATERIAL
The Owner will supply materials as shown in the Contract documents. The cost of handling and placing
materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are
used. Assume responsibility for materials upon receipt.
8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY
Material found in the excavation areas and meeting the Owner's specifications may be used in the work. This
material will be paid for at the Contract bid price for excavation and under the item for which the material is
used.
Do not excavate or remove any material from within the right of way that is not within the limits of the
excavation without written permission. If excavation is allowed within a right of way project -specific location
(PSL), replace the removed material with suitable material at no cost to the Owner as directed.
9. RECYCLED MATERIALS
The Owner will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling to be used on
the project. Use nonhazardous recyclable materials (NRMs) only if the specification for the item does not
disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and
comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-1 10001
"Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation
required by that specification.
100 HAZARDOUS MATERIALS
Use materials that are free of hazardous materials as defined in Item 1 L, "Abbreviations and Definitions."
Notify the Engineer immediately when a visual observation or odor indicates that materials in required
material sources or on sites owned or controlled by the owner may contain hazardous materials. Except
when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is
responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on
sites owned or controlled by the Owner as indicated below.
The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where
regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part
during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Owner,
except in the case of when the contract includes removing and disposing of hazardous materials.
When a visual observation or odor indicates that materials delivered to the work locations by the Contractor
may contain hazardous materials, have an approved commercial laboratory test the materials for
contamination. Remove, remediate, and dispose of any of these materials found to be contaminated.
Testing, removal, and disposition of hazardous materials introduced onto the work locations by the
Contractor will be at the Contractor's expense. Working day charges will not be suspended and extensions of
working days will not be granted for activities related to handling hazardous material delivered by the
Contractor.
1061 a Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans.
1081 81 a Paint Removed by Third Party. The Owner may provide a third party to remove paint containing hazardous
materials where paint must be removed to perform work or to allow dismantling of the steel.
/00%%N� 10,1,29 Paint Removed by the Contractor. This work may only be performed by a firm or company with one of the
following certifications:
m SSPC-QP2 certification for lead painting operations, or
,,...,, m Certified Lead Firm by the Texas Department of State Health Services.
Maintain certification for the duration of the work. Provide copies of audits or certification if requested.
Comply with worker and public safety regulations, including, but not limited to, OSHA 29 CFR Parts
191091025; 1926.62, and 1926,63, Monitor permissible exposure limits in accordance with OSHA
requirements.
Remove paint containing hazardous materials from designated areas shown on the plans or as directed.
Comply with access limitations shown on the plans.
Provide power hand tools, equipped with high -efficiency particulate air filter vacuums to mechanically remove
paint.
Contain, collect, store, transport, and dispose of all waste generated by cleaning operation in accordance
with local, state, and federal requirements including 40 CFR 302, Properly characterize and dispose of all
wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility
authorized to accept such wastes. Provide copies of disposal manifests.
The work performed, materials furnished, equipment, labor, tools, and incidentals will be paid for in
accordance with Item 446, "Field Cleaning and Painting Steel."
10828 Removal and Disposal of Painted Steel. Painted steel will be disposed of at a steel recycling or smelting
facility unless otherwise shown on the plans. If the paint contains hazardous materials, maintain and make
available to the Engineer invoices and other records obtained from the facility showing the received weight of
the steel and the facility name.
For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing
paint. When dismantling is performed using flame or sawmcutting methods to remove steel elements coated
with paint containing hazardous materials, the plans will show stripping locations.
The work provided, materials furnished, equipment, labor, tools, and incidentals will be paid for in
accordance with Item 496, "Removing Structures," and Item 497, "Sale of Salvagable Material."
1039 Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials
(ACM) have been found. At locations where previously unknown ACM has been found, the Owner will
arrange for abatement by a third party. For work at these locations, notify the Engineer of proposed dates of
demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the
Owner enough time to abate the asbestos.
10048 Work Performed by a Third Pady. When the work for removal of paint or asbestos abatement is to be
provided by a third party, coordinate and cooperate with the third party and the Owner. Continue other work
detailed on the plans not directly involved in the paint removal or asbestos abatement work. Provide notice to
the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party
work.
11. SURPLUS MATERIALS
Take ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer.
Remove and dispose of materials in accordance with federal, state, and local regulations,. If requested,
provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on
private property, provide written authorization from the property owner for the use of the property for this
� purpose upon request.
� Item 7L
Legal Relations and Responsibilities
in SAFETY
isle Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting (may be a
part of the preconstruction conference in Article 4.2., "Preconstruction Conference." Attendees for this safety
preconstruction meeting will be:
m the Contractor,
m subcontractors,
m Owner, and
■ other personnel that play an active role on the project.
1,28 Public Safety and Convenience. Ensure the safety and convenience of the public and property as provided
in the Contract and as directed by the Engineer. Keep existing roadways open to traffic or construct and
maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption
to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide for
ingress and egress to adjacent property.
Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of
traffic.
Provide qualified flaggers in accordance with Item 502.2.2,, "Flaggers," for the safety and convenience of the
'�"'` traveling public and workers, as directed.
If the Engineer determines that any of the requirements of this article have not been met, the Engineer may
take any necessary corrective action. This will not change the legal responsibilities set forth in the Contract.
The cost to the Owner for this work will be deducted from any money due or to become due to the
Contractor.
1,30 Use of Blue Warning Lights. Texas Transportation Code 547,105 authorizes the use of warning lights to
promote safety and provides an effective means of gaining the travelling public's attention as they drive in
areas where construction crews are present. In order to influence the public to move over when high risk
construction activities are taking place, minimize the utilization of blue warning lights. These lights must be
used only while performing work on or near the travel lanes or shoulder where the travelling public
encounters construction crews that are not protected by a standard work zone set up such as a lane closure,
shoulder closure, or one-way traffic control. Refrain from leaving the warning lights engaged while travelling
from one work location to another or while parked on the right of way away from the pavement or a work
zone.
1.4. Barricades, Warning and Detour Signs, and Traffic Handling. Provide, install, move, replace, maintain,
clean, and remove all traffic control devices in accordance with the traffic control devices specifications and
as shown on the plans and as directed. If details are not shown on the plans, provide devices and work in
accordance with the TMUTCID and as directed by the Engineer. When authorized or directed by the
Engineer, provide additional signs or traffic control devices not required by the plans.
If an unexpected situation arises that causes the Contractor to believe that the traffic control should be
changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the
Engineer can be contacted.
The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning
signs. When project limit advance warning signs are removed before final acceptance, traffic control in
accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of
� project limit advance warning signs does not imply final acceptance.
2. LAWS TO BE OBSERVED
Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the
work. Indemnify and save harmless the Owner and its representatives against any claim arising from
violation by the Contractor of any law, ordinance, or regulation.
This Contract is between the Owner and the Contractor only. No person or entity may claim third -party
beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries
or property damage under this Contract.
3. PERMITS, LICENSES, AND TAXES
Procure all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and
incidental to the due and lawful prosecution of work, except for permits provided by the Owner and as
specified in Article 7.6., "Preservation of Cultural and Natural Resources and the Environment."
4. PATENTED DEVICES, MATERIAL, AND PROCESSES
Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any
patented design, device, material, process, trademark, or copyright selected by the Contractor and used in
connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages
that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the
completion of the work.
5. PERSONAL LIABILITY OF PUBLIC OFFICIALS
Owner employees are agents and representatives of the Owner and will incur no liability, personal or
otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under
the Contract.
6. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE
ENVIRONMENT
If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is
responsible for obtaining clearances and coordinating with the appropriate regulatory agencies.
6al a Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological,
educational, or scientific interest is discovered within the right of way. The site, building, or location will be
investigated and evaluated by the Owner.
6028 Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution
Prevention Plans (SWP3). The Owner will file the Notice of Intent (NOI) and the Notice of Termination
(NOT) for work shown on the plans in the right of way. Adhere to all requirements of the SWP3.
6938 Work in Waters of the United States. For work in the right of way, the Owner will obtain any required
Section 404 permits from the U.S. Army Corps of Engineers before work begins. Adhere to all agreements,
mitigation plans, and standard best management practices required by the permit. When Contractor -initiated
changes in the construction method changes the impacts to waters of the U.S., obtain new or revised
Section 404 permits.
6848 Work in Navigable Waters of the United States. For work in the right of way, the Owner will obtain any
required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the
permits and associated best management practices. When Contractor -initiated changes in the construction
method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits.
6@50 Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to
minimize the degradation of water quality resulting from impacts relating to work over the recharge or
contributing zones of protected aquifers, as defined and delineated by the TCEQ. Use best management
practices and perform work in accordance with Contract requirements.
6860 Project -Specific Locations. For all project -specific locations (PSLs) on or off the right of way (material
sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the
Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of
cultural resources, natural resources, and the environment as issued by the following or other agencies:
m Occupational Safety and Health Administration,
m Texas Commission on Environmental Quality,
m Texas Department of Transportation,
m Texas Historical Commission,
m Texas Parks and Wildlife Department,
m Texas Railroad Commission,
m U.S. Army Corps of Engineers,
m U.S. Department of Energy,
m U.S. Department of Transportation,
m U.S. Environmental Protection Agency,
m U.S. Federal Emergency Management Agency, and
m U.S. Fish and Wildlife Service.
All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements
in the Contract. Maintain documentation of certification activities including environmental consultant reports,
Contractor documentation on certification decisions and contacts, and correspondence with the resource
agencies. Provide documentation upon request.
Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the
plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within public
right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants,
rock crushers, asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland
delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain
all permits and clearances in advance.
7. SANITARY PROVISIONS
Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including Owner
employees, in compliance with the requirements and regulations of the Texas Department of Health or other
authorities with jurisdiction.
8. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE
Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the
creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non -mobile
equipment such as air compressors, generators, pumps, etc. Place mobile and stationary equipment to
cause the least disruption of normal adjacent activities.
All equipment associated with the work must be equipped with components to suppress excessive noise and
these components must be maintained in their original operating condition considering normal depreciation.
'"�"' Noise -attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc.
must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the
equipment is in use.
9. RESPONSIBILITY FOR HAZARDOUS MATERIALS
Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and
from all liability and damages for any injury or damage to any person or property arising from the generation
or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on
Owner -owned or controlled sites. Indemnify and save harmless the Owner and its representatives from any
liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials
obtained, processed, stored, shipped, etc., on sites not owned or controlled by the Owner. Reimburse the
Owner for all payments, fees, or restitution the Owner is required to make as a result of the Contractor's
actions.
10. ASBESTOS CONTAINING MATERIAL
In Texas, the Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for
administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR,
Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance
and regulatory background information, bridges are considered to be a regulated "facility" under NESHAP.
Therefore, federal standards for demolition and renovation apply.
Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least
30 calendar days before initiating demolition or renovation of each structure or load bearing member. Provide
the scheduled start and completion date of structure demolition, renovation, or removal.
When demolition, renovation, or removal of load -bearing members is planned for several phases, provide the
,.�., start and completion dates identified by separate phases.
DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or
renovation. If the date of actual demolition, renovation, or removal is changed, the Owner will be required to
notify DSHS at least 10 days in advance of the work. This notification is also required when a previously
scheduled (notification sent to DSHS) demolition, renovation, or removal is delayed. Therefore, if the date of
actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in
enough time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of
the actual work.
Failure to provide the above information may require the temporary suspension of work under Article 8.4.,
"Temporary Suspension of Work or Working Day Charges," due to reasons under the control of the
Contractor. The Owner retains the right to determine the actual advance notice needed for the change in
date to address post office business days and staff availability.
110 RESTORING SURFACES OPENED BY PERMISSION
Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason
without written permission by the Engineer. Repair all openings as directed by the Engineer. Payment for
repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4.4.,
"Changes in the Work." Costs associated with openings made with Contractor authorization but without
Owner approval will not be paid.
12m PROTECTING ADJACENT PROPERTY
Protect adjacent property from damage. If any damage results from an act or omission on the part of or on
behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or
equal to that existing before the damage was done.
13m RESPONSIBILITY FOR DAMAGE CLAIMS
Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and
from all liability and damages for any injury or damage to any person or property due to the Contractor's
negligence in the performance of the work and from any claims arising or amounts recovered under any
laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the
Owner and assume responsibility for all damages and injury to property of any character occurring during the
prosecution of the work resulting from any act, omission, neglect, or misconduct on the Contractor's part in
the manner or method of executing the work; from failure to properly execute the work; or from defective
work or material.
Pipelines and other underground installations that may or may not be shown on the plans may be located
within the right of way. Indemnify and save harmless the Owner from any suits or claims resulting from
damage by the Contractor's operations to any pipeline or underground installation. Make available the
scheduled sequence of work to the respective utility owners so that they may coordinate and schedule
adjustments of their utilities that conflict with the proposed work.
14m HAULING AND LOADS ON ROADWAYS AND STRUCTURES
Comply with federal and state laws concerning legal gross and axle weights. Except for the designated
Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work
locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer
upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on
roadways open to the traveling public.
Protect existing bridges and other structures that will remain in use by the traveling public during and after
the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the
,..•►.� work, including any structures under construction that will remain in service during and after completion of
the Contract is subject to legal size and weight limitations.
Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain
structures. This additional fill will not be paid directly but will be subsidiary.
Replace or restore to original condition any structure damaged by the Contractor's operations.
The Engineer may allow equipment with oversize or non -divisible overweight loads to operate without a
permit within the work locations on pavement structures not open to the traveling public. Submit Contractor -
proposed changes to traffic control plans for approval, in accordance with Item 502, "Barricades, Signs, and
Traffic Handling." The following sections further address overweight allowances. The Owner will make
available to the Contractor any available plans and material reports for existing structures.
1481 a Overweight Construction Traffic Crossing Structures. The Engineer may allow crossing of a structure not
open to the public within the work locations, when divisible or non -divisible loads exceed legal weight
limitations, including limits for load -posted bridges. Obtain written permission to make these crossings.
Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive
loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight
distribution on the various axles and any additional parts such as counterweights, the configuration of the
axles, or other information necessary for the analysis. Submit the structural analysis and supporting
documentation sufficiently in advance of the move to allow for review. Permission may be granted if the
Engineer finds that no damage or overstresses in excess of those normally allowed for occasional
overweight loads will result to structures that will remain in use after Contract completion. Provide temporary
matting or other protective measures as directed.
Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades,
''^"' fences, or other positive methods to prevent other vehicular access to structures at any time the overweight
load is on any span or continuous unit.
Gr■r�
14628 Construction Equipment Operating on Structures. Cranes and other construction equipment used to
perform construction operations that exceed legal weight limits may be allowed on structures. Before any
operation that may require placement of equipment on a structure, submit for approval a detailed structural
analysis prepared by a licensed professional engineer.
Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for
review and approval. Include all axle loads and configurations, spacing of tracks or wheels, tire loads,
outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all
planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will
occur in excess of those normally allowed for occasional overweight loads.
14832 Loads on Structures. Do not store or stockpile material on bridge structures without written permission. If
required, submit a structural analysis and supporting documentation by a licensed professional engineer for
review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those
normally allowed for occasional overweight loads will result to structures that will remain in use after Contract
completion. Provide temporary matting or other protective measures as directed.
14240 Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow
divisible overweight loads on pavement structures within the work locations not open to the traveling public.
Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there
will be no damage or overstress to the pavement structure.
15a CONTRACTOR'S RESPONSIBILITY FOR WORK
Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work
by the action of the elements or by any other cause, whether arising from the execution or from the
nonexecution of the work. Protect all materials to be used in the work at all times, including periods of
suspension.
When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as
directed. Opening of the roadway to traffic does not constitute final acceptance.
Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the
Contractor as directed. Repair damage to existing facilities or work caused by Contractor operations at the
Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be
paid for except as provided below.
15ol a Reimbursable Repair. Except for damage to appurtenances listed in Section 7.17.2.1 "Unreimbursed
Repair," the Contractor will be reimbursed for repair of damage caused by:
■ motor vehicle, watercraft, aircraft, or railroad -train incident;
m vandalism; or
m Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of
nature.
15925
Appurtenances.
1592919 Unreimbursed Re�ir. Except for destruction (not reusable) due to hurricanes, reimbursement will not be
made for repair of damage to the following temporary appurtenances, regardless of cause:
m signs,
m barricades,
m changeable message signs, and
m other work zone traffic control devices.
Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be
reimbursed in accordance with Section 7,17.2.2., "Reimbursed Repair,,"
For the devices listed in this section, reimbursement may be made for damage due to hurricanes. Where the
Contractor retains replaced appurtenances after completion of the project, the Owner will limit the
reimbursement to the cost that is above the salvage value at the end of the project.
1562928 Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in
Section 7.15.1 , "Reimbursable Repair," to appurtenances (including temporary and permanent crash
cushion attenuators and guardrail end treatments).
15639 Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed
under the Contract. The Owner will not reimburse the Contractor for repair work to new construction, unless
the failure or damage is due to one of the causes listed in Section 7.17.1 ., "Reimbursable Repair."
The Owner will be responsible for the cost for repair of damage to existing roadways and structures not
caused by the Contractor's operations.
15049 Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the
Contract, unless the failure or damage is due to one of the causes listed in Section 7.17.1 ., "Reimbursable
Repair." The Engineer may consider failures beyond the Contractor's control when determining
reimbursement for repairs to detours constructed. The Owner will be responsible for the cost of maintenance
of existing streets and roadways used for detours or handling tragic.
15958 Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as
outlined in this section. This relief does not release the Contractor from responsibility for defective materials
or work or constitute final acceptance.
1565als Isolated Work Locations. For isolated work locations, when all work is completed, including work for
Article 5,.11 ., "Final Cleanup," the Engineer may relieve the Contractor from responsibility for maintenance.
� 1595@2@ Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work
locations has been completed, including work for Article 5.11 , "Final Cleanup," with the exception of
vegetative establishment and maintenance periods and test and performance periods, the Engineer may
relieve the Contractor from responsibility for maintenance of completed portions of work.
15s5@3@ Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve
the Contractor from responsibility for maintenance of completed portions of work during the period of
suspension.
1585@4@ When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for
maintenance when directed.
15866 Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in
accordance with pertinent items or Article 4-4., "Changes in the Work."
16m ELECTRICAL REQUIREMENTS
16al a Wfnitions.
1681819 Electrical Work. Electrical work is work performed for:
m
Item 610,
"Roadway Illumination Assemblies,"
m
Item 614,
"High Mast Illumination Assemblies,"
E
Item 616,
"Performance Testing of Lighting Systems,"
m
Item 617,
"Temporary Roadway Illumination,"
m
Item 618,
"Conduit,"
E
Item 620,
"Electrical Conductors,"
m
Item 621,
"Tray Cable,"
0
■ Item 622, "Duct Cable,"
m Item 628, "Electrical Services,"
m Item 680, "Highway Traffic Signals,"
m Item 681, " Temporary Traffic Signals,"
m Item 684, "Traffic Signal Cables,"
m Item 685, "Roadside Flashing Beacon Assemblies,"
m other items that involve either the distribution of electrical power greater than 50 volts or the installation
of conduit and duct banks,
m the installation of conduit and wiring associated with Item 624, "Ground Boxes," and Item 656,
"Foundations for Traffic Control Devices," and
m the installation of the conduit system for communication and fiber optic cable.
Electrical work does not include the installation of communications or fiber optic cable, or the connections for
low voltage and inherently power limited circuits such as electronic or communications equipment. Assembly
and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered
electrical work as long as no wiring, wiring connections, or conduit work is done at the time of assembly and
placement.
1661226 Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and
feeders, sub -feeders, branch circuits, controls, raceways, and enclosures for the following:
■ pump stations,
■ moveable bridges,
■ ferry slips,
m motor control centers,
m facilities required under Item 504, "Field Office and Laboratory,"
m rest area or other public buildings,
m weigh -in -motion stations,
m electrical services larger than 200 amps,
m electrical services with main or branch circuit breaker sizes not shown in the Contract, and
m any 3-phase electrical power.
16,193m Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450,
"TxDOT Roadway Illumination and Electrical Installations," or other courses as approved by the Owner.
Submit a current and valid certification upon request.
1691 849 Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master
electrical license, or unrestricted journeyman electrical license that is supervised or directed by an
unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all
times electrical work is being done, but the unrestricted master electrician must approve work performed by
the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state
system work.
The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas
Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that
issues licenses based on passing a written test and demonstrating experience.
The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for
obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was
issued based on:
■ passing a test based on the NEC similar to that used by Texas licensing officials, and
■ sufficient electrical experience commensurate with general standards for an unrestricted master and
unrestricted journeyman electrician in the State of Texas.
16828 Work Requirements. The qualifications required to perform electrical work and specialized electrical work
/00� are listed in Table 2.
Table 2
Work Requirements
Type of Work
Qualifications to Perform Work
Licensed electrician, certified person, or
Electrical work with plans
workers directly supervised by a licensed
electrician or certified person
work without plans
Licensed electrician or workers directly
IElectrical
supervised by a licensed electrician
Specialized electrical work
Licensed electrician or workers directly
supervised by a licensed electrician
Replace lamps, starting aids, and changing
Licensed electrician, certified person, or
fixtures
workers directly supervised by a licensed
electrician or certified person
Conduit in precast section with approved
Inspection by licensed electrician or certified
workinq drawings
person
Conduit in cast -in -place section
Inspection by licensed electrician or certified
person
All other electrical work (troubleshooting,
Licensed electrician or workers directly
repairs, component replacement, etc.)
supervised by a licensed electrician
A licensed electrician must be physically present during all electrical work when Table 2 states that workers
are to be directly supervised by a licensed electrician or certified person.
Anon-certified person may install conduit in cast -in -place concrete sections if the work is verified by a
certified person before concrete placement.
When the plans specify IMSA certification, the requirements of Table 2 will still apply to the installation of the
conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed under Item
620, "Electrical Conductors."
0
007w001 L
� Special Provision to Item 7
Legal Relations and Responsibilities
Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below.
No other clauses or requirements of this Item are waived or changed.
Section 2.6.5., "Training" , is supplemented by the following:
Coordinate enrollment, pay associated fees, and successfully complete approved Training or Contractor Delivered Training.
Training is valid for the period prescribed by the provider but no less than 3 yrs. from the date of completion. The Owner may
require training at a frequency less than the period prescribed or 3 yrs. based on Owner's needs. Training and associated fees
will not be measured or paid for directly but are considered subsidiary to pertinent Items.
2o6o5olo
2w6o5slal
2n6v5sle2a
Approved Training. Approved training is listed below:
Contractor Responsible Person and Alternate.
Provider
Course Title
American Traffic Safety Services Association
Traffic Control Supervisor
National Highway Institute
Maintenance of Traffic Control for Supervisors
Flagger Instructor Training.
Provider
Course Title
American Traffic Safety Services Association
Flagging Instructor Training Course
Texas Engineering Extension Services
Train -the -Trainer Flaggers
National Safety Council
Flagger (Instructor)
University of Texas at Arlington,
Division for Enterprise Development
Certified Flagger Instructor
Flagger Training.
Provider
Course Title
Texas Engineering Extension Services
Flaggers in Work Zones
National SafetyouncCil
Flagger ( Novice)
University of Texas at Arlington,
Continuing Education Department
Flaggers in Work Zones (TxDOT Training)
University of Texas at Arlington,
Continuing Education Department
WZ Tragic Control/Qualified Flagger
Associated Builders and Contractors,
Austin Chapter
Flagger Training
LDI Safety Training
Flagger Training
Tipton Compliance and Safety
Flagger Training
1-2
007m001 L
2x6e5slo3a
2z6v5w1n4m
2m&51s
0
Law Enforcement Personnel.
Provider I Course Title
National Highway Institute
Other Work Zone Personnel.
Safe and Effective Use of Law Enforcement
Personnel in Work Zones
Provider
Course Title
American Traffic Safety Services Association
Traffic Control Technician Training
Texas Engineering Extension Services
Work Zone Traffic Control
National Highway Institute
Maintenance of Traffic Control for Technicians
National Highway Institute
Maintenance Training Series: Basics of Work
Zone Traffic Control
Contractor Delivered Training. Develop Contractor Delivered Training curriculum and submit the
curriculum to the Owner for approval. Do not implement the training curriculum before receiving written
approval from the Owner. The work performed and materials furnished to develop the curriculum and provide
training will not be measured or paid for directly but will be considered subsidiary to pertinent Items.
A contractor's certified flagging instructor is permitted to train other flaggers.
2-2
0
Item 8L
Prosecution and Progress
in PROSECUTION OF WORK
Unless otherwise shown in the Contract, begin work within 60 calendar days after the authorization date to
begin work as shown on the Notice to Proceed. Prosecute the work continuously to completion within the
working days specified. Unless otherwise shown in the Contract documents, work may be prosecuted in
concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is
approved. Notify the Engineer at least 24 hr. before beginning work or before beginning any new operation.
Do not start new operations to the detriment of work already begun. Minimize interference to traffic.
2. SUBCONTRACTING
Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract
does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work
complies with all governing labor provisions.
The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a
subcontractor that is debarred or suspended by the Owner, or any state or federal agency.
For federally funded Contracts, ensure the required federal documents are physically attached to each
subcontract agreement including all tiered subcontract agreements.
For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts, submit a copy of the
executed subcontract agreement.
Submit a copy of the executed non -DBE subcontracts including all tiered non -DBE subcontracts when
requested.
291 a Construction Contracts. Perform work with own organization on at least 30% of the total original Contract
cost (25% if the Contractor is an SBE on a wholly State or local funded Contract) excluding any items
determined to be specialty items. Specialty items are those that require highly specialized knowledge,
abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract
as a whole.
Specialty items will be shown on the plans or as directed by the Engineer. Bid cost of specialty items
performed by subcontractors will be deducted from the total original Contract cost before computing the
required amount of work to be performed by the Contractor's own organization.
The term " perform work with own organization" includes only:
■ workers employed and paid directly by the Contractor or wholly owned subsidiary0
;
■ equipment owned by the Contractor or wholly owned subsidiary;
m rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's
employees;
m materials incorporated into the work if the majority of the value of the work involved in incorporating the
material is performed by the Contractor's own organization, including a wholly owned subsidiary's
organization; and
■ labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for
,.•�.., nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the
activities of the leased employees and includes them in the weekly payrolls.
When staff leasing firms provide materials or equipment, they are considered subcontractors. In these
instances, submit staff leasing firms for approval as a subcontractor.
Copies of cancelled checks and certified statements may be required to verify compliance with the
requirements of this section.
2629 Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered
DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner.
3. COMPUTATION OF CONTRACT TIME FOR COMPLETION
Upon request, the Engineer will provide the conceptual time determination schedule to the Contractor for
informational purposes only. The schedules assume generic resources, production rates, sequences of
construction and average weather conditions based on historic data. The Owner will not adjust the number of
working days and milestones, if any, due to differences in opinion regarding any assumptions made in the
preparation of the schedule or for errors, omissions, or discrepancies found in the Owner's conceptual time
schedule.
The number of working days is established by the Contract. Working day charges will begin 30 calendar days
after the date of the written authorization to begin work. Working day charges will continue in accordance
with the Contract. The Engineer may consider increasing the number of working days under extraordinary
circumstances.
3al a Working Day Charges. Working days will be charged in accordance with Section 8.3.1.4., "Standard
Workweek," unless otherwise shown in the Contract documents. Working days will be computed and
charged in accordance with one of the following:
3alml, Five -Day Workweek. Working days will be charged Monday through Friday, excluding national holidays,
regardless of weather conditions or material availability. The Contractor has the option of working on
Saturdays. Provide sufficient advance notice when scheduling work on Saturdays. Work on Sundays and
national holidays will not be permitted without written permission. If work requiring an Inspector to be present
is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the
performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged.
3al 828 Solx=Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays,
regardless of weather conditions or material availability. Work on Sundays and national holidays will not be
permitted without written permission. If work requiring an Inspector to be present is performed on a Sunday
or a national holiday, and weather or other conditions permit the performance of work for 7 hr. between
7 A.M. and 6 P.M., a working day will be charged.
3,1938 SevenmDay Workweek. Working days will be charged Monday through Sunday, excluding national holidays,
regardless of weather conditions or material availability. Work on national holidays will not be permitted
without written permission. If work is performed on any of these holidays requiring an Inspector to be present,
and weather or other conditions permit the performance of work for 7 hr. between 7 A.M. and 6 P.M., a
working day will be charged.
301640 Standard Workweek. Working days will be charged Monday through Friday, excluding national or state
holidays, if weather or other conditions permit the performance of the principal unit of work underway, as
determined by the Engineer, for a continuous period of at least 7 hr. between 7 A.M. and 6 P.M., unless
� otherwise shown in the Contract. The Contractor has the option of working on Saturdays or state holidays.
Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays
and national holidays will not be permitted without written permission. If work requiring an Inspector to be
present is performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the
performance of work for 7 hr. between 7 A.M. and 6 P.M., a working day will be charged.
3.1.5. Calendar Diay. Working days will be charged Sunday through Saturday, including all holidays, regardless of
weather conditions, material availability, or other conditions not under the control of the Contractor.
3el 268 Other. Working days will be charged as shown in the Contract documents.
3828 Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day
charges are as prescribed in this article unless otherwise shown in the Contract documents.
3836 Nighttime Work. Nighttime work is allowed only when shown in the Contract documents or as directed.
Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise.
383618 Five-, Six-, and Seven -Day Workweeks. Nighttime work that extends past midnight will be assigned to the
following day for the purposes of approval for allowing work on Sundays or national holidays.
33828
Standard Workweek.
36382019 Nighttime Work Only. When nighttime work is allowed or required and daytime work is not allowed, working
day charges will be made when weather and other conditions permit the performance of the principal unit of
work underway, as determined by the Engineer, for a continuous period of at least 7 hr. for the nighttime
period, as defined in Section 8,33., "Nighttime Work," unless otherwise shown in the Contract documents.
38382625 Nighttime Work and Daytime Work Requiring Inspector. When nighttime work is performed or required
and daytime work is allowed, working day charges will be made when weather and other conditions permit
the performance of the principal unit of work underway, as determined by the Engineer, for a continuous
period of at least 7 hr. for the nighttime period, as defined in Section 8.3.3., "Nighttime Work," or for a
continuous period of at least 7 hr. for the alternative daytime period unless otherwise shown in the Contract
documents. Only one day will be charged for each 24-hr. time period. When the Engineer agrees to restrict
work hours to the nighttime period only, working day charges will be in accordance with Section 8.3.3.2.1 NJ
"Nighttime Work Only."
4. TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES
The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the
suspension in writing. Suspend and resume work only as directed in writing.
When part of the work is suspended, the Engineer may suspend working day charges only when conditions
not under the control of the Contractor prohibit the performance of critical activities. When all of the work is
suspended for reasons not under the control of the Contractor, the Engineer will suspend working day
charges.
5. PROJECT SCHEDULES
Prepare, maintain, and submit project schedules. Project schedules are used to convey the Contractor's
intended work plan to the Owner. Prepare project schedules with a level of effort sufficient for the work being
performed. Project schedules will not be used as a basis to establish the amount of work performed or for the
preparation of the progress payments.
5@1 @ Project Scheduler. Designate an individual who will develop and maintain the progress schedule. The
Project Scheduler will be prepared to discuss, in detail, the proposed sequence of work and methods of
operation, and how that information will be communicated through the Progress Schedule at the
� Preconstruction Meeting. This individual will also attend the project meetings and make site visits to prepare,
develop, and maintain the progress schedules.
5@22 Construction Details. Before starting work, prepare and submit a progress schedule based on the
� sequence of work and traffic control plan shown in the Contract documents. At a minimum, prepare the
progress schedule as a Bar Chart or Critical Path Method (CPM), as shown on the plans. Include all planned
work activities and sequences and show Contract completion within the number of working days specified.
Incorporate major material procurements, known utility relocations, and other activities that may affect the
completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in
whole working days for each activity. Do not use activities' exceeding 20 working days, except for agreed
upon activities. Show an estimated production rate per working day for each work activity.
5@3@ Schedule Format. Format all project schedules according to the following:
■ Begin the project schedule on the date of the start of Contract time or start of activities affecting work on
the project;
m Show the sequence and interdependence of activities required for complete performance of the work. If
using a CPM schedule, show a predecessor and a successor for each activity; and
m Ensure all work sequences are logical and show a coordinated plan of the work.
CPM schedules must also include:
■ Clearly and accurately identify the critical path as the longest continuous path;
m Provide a legend for all abbreviations, run date, data date, project start date, and project completion
date in the title block of each schedule submittal; and
■ Through the use of calendars, incorporate seasonal weather conditions into the schedule for work (e.g.,
earthwork, concrete paving, structures, asphalt, drainage, etc.) that may be influenced by temperature
or precipitation. Also, incorporate non -work periods such as holidays, weekends, or other non -work days
as identified in the Contract.
5@46 Activity Format. For each activity on the project schedule provide:
■ A concise description of the work represented by the activity;
m An activity duration in whole workin9ySeda
m Code activities so that organized plots of the schedule may be produced.
CPM schedules must also include the quantity of work and estimated production rate for major items of work.
Provide enough information for review of the work being performed.
5658 Schedule Types.
59591a Critical Path Method. Prepare and submit the schedule using the CPM.
5@591 @1 @ Preliminary Schedule. Seven calendar days before the preconstruction meeting, submit both the plotted
and electronic copies of the project schedule showing work to be performed within the first 90 calendar days
of the project.
5@5@1 @2@ Baseline Schedule. The baseline schedule will be considered the Contractor's plan to successfully construct
the project within the time frame and construction sequencing indicated in the Contract,, Submit both plotted
and electronic copies of the baseline schedule. Submit 2 plots of the schedule: one organized with the
activities logically grouped using the activity coding; and the other plot showing only the critical path
determined by the longest path, not based on critical float.
Develop and submit the baseline schedule for review within the first 45 calendar days of the project unless
the time for submission is extended.
5v5@1 82@1 @ Review. Within 15 calendar days of receipt of the schedule, the Engineer will evaluate, and inform the
� Contractor if the schedule has been accepted. If the schedule is not accepted, the Engineer will provide
comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's
comments, or reasons for not doing so within 10 calendar days. The Engineer's review and acceptance of
the project schedule is for conformance to the requirements of the Contract documents only and does not
relieve the Contractor of any responsibility for meeting the interim milestone dates (if specified) or the
Contract completion date. Review and acceptance does not expressly or by implication warrant,
acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor
fails to define any element of work, activity, or logic and the Engineer's review does not detect this omission
or error, the Contractor is responsible for correcting the error or omission.
Submit an acceptable baseline schedule before the 90th calendar day of the project unless the time for
submission is extended.
5o5m 1 @3@ Progress Schedule. Maintain the project schedule for use by both the Contractor and the Engineer. Submit
both the plotted and electronic copy as it will become an as -built record of the daily progress achieved on the
project. If continuous progress of an activity is interrupted for any reason except non -work periods (such as
holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual
finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity
(or activities, based on the number of interruptions) similarly numbered with successive alpha character as
necessary. The original duration of the subsequent activity will be that of the remaining duration of the
original activity. Relationships of the subsequent activity will match those of the original activity so that the
integrity of the project schedule logic is maintained. Once established, the original durations and actual dates
of all activities must remain unchanged. Revisions to the schedule may be made as necessary.
The project schedule must be revised when changes in construction phasing and sequencing occur or other
changes that cause deviation from the original project schedule occur. Any revisions to the schedule must be
listed in the monthly update narrative with the purpose of the revision and description of the impact on the
project schedule's critical path and project completion date. Create the schedule revision using the latest
update before the start of the revision.
Monthly updating of the project schedule will include updating of:
�°''�"■ The actual start dates for activities started;
m The actual finish dates for activities completed;
m The percentage of work completed and remaining duration for each activity started but not yet
completed; and
m The calendars to show days actual work was performed on the various work activities.
The cut-off day for recording monthly progress will be the last day of each month. Submit the updated project
schedule no later than the 20th calendar day of the following month. The Engineer will evaluate the updated
schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted. If the
schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a
revised schedule based on the Engineer's comments, or reasons for not doing so within 5 calendar days.
Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule.
Notify the Engineer if resource -leveling is being used.
595@163@1@ Project Schedule Summary Report (PSBR). When shown on the plans, provide the PSBR instead of the
narrative required in Section 8.5.5.1.3., "Progress Schedule." The PSBR includes a listing of major items that
have impacted the schedule as well as a summary of progress in days ahead or behind schedule. Include an
explanation of the project progress for the period represented on the form provided by the Owner.
5s592m Notice of Potential Time Impact. Submit a "Notice of Potential Time Impact' when a Contract time
extension or adjustment of milestone dates may be justified or when directed.
Failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate
the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates
unless the circumstances are such that the Contractor could not reasonably have had knowledge of the
impact at the time.
58553@ Time Impact Analysis. When directed, provide a time impact analysis. A time impact analysis is an
evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps:
m Step I . Establish the status of the project immediately before the impact.
m Step 2. Predict the effect of the impact on the schedule update used in Step 1.
m Step 3. Track the effects of the impact on the schedule during its occurrence.
m Step 4. Establish the status of the project after the impact's effect has ended and provide details
identifying any mitigating actions or circumstances used to keep the project ongoing during the impact
period.
Determine the time impact by comparing the status of the work before the impact (Step 1) to the prediction of
the effect of the impact (Step 2), if requested, and to actual effects of the impact once it is complete (Step 4).
Unless otherwise approved, Steps 1, 3, and 4, must be completed before consideration of a Contract time
extension or adjustment of a milestone date will be provided. Time extensions will only be considered when
delays that affect milestone dates or the Contract completion date are beyond the Contractor's control.
Submit Step 4 no later than 15 calendar days after the impact's effects have ended or when all the
information on the effect has been realized.
Submit one electronic backup copy of the complete time impact analysis and a copy of the full project
schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time
impact analysis, but before its approval, indicate in writing the need for any modification to the time impact
analysis.
The Engineer will review the time impact analysis upon completion of step 4. If this review detects revisions
or changes to the schedule that had not been performed and identified in a narrative, the Engineer may
reject the time impact analysis. If the Engineer is in agreement with the time impact analysis, a change order
may be issued to grant additional working days, or to adjust interim milestones. Once a change order has
been executed, incorporate the time impact analysis into the project schedule. The time impact analysis may
� also be used to support the settlement of disputes and claims. Compensation related to the time impact
analysis may be provided at the completion of the analysis or the completion of the project to determine the
true role the impact played on the final completion.
The work performed under this article will not be measured or paid for directly but will be subsidiary to
pertinent items.
6. FAILURE TO COMPLETE WORK ON TIME
The time established for the completion of the work is an essential element of the Contract. If the Contractor
fails to complete the work within the number of working days specified, working days will continue to be
charged. Failure to complete the Contract, a separate work order, or callout work within the number of
working days specified, including any approved additional working days, will result in liquidated damages for
each working day charged over the number of working days specified in the Contract. The dollar amount
specified in the Contract will be deducted from any money due or to become due the Contractor for each
working day the Contract remains incomplete. This amount will be assessed not as a penalty but as
liquidated damages.
7. DEFAULT OF THE CONTRACT
7@1 Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the
Contractor:
■ fails to begin the work within the number of days specified,
m fails to prosecute the work to assure completion within the number of days specified,
■ is uncooperative, disruptive or threatening,
m fails to perform the work in accordance with the Contract requirements,
m neglects or refuses to remove and replace reiected materials or unacceptable work
I
m discontinues the prosecution of the work without the Engineer's approval,
m makes an unauthorized assignment,
m fails to resume work that has been discontinued within a reasonable number of days after notice to do
Sol
■ fails to conduct the work in an acceptable manner, or
m commits fraud or other unfixable conduct as determined by the Owner.
If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the
intent to declare the Contractor in default. If the Contractor does not proceed as directed within 10 days after
the notice,. the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to
be in default of the Contract. The Owner will also provide written notice of default to the Surety. If the
Contractor provides the Owner written notice of voluntary default of the Contract, the Owner may waive the
10 day notice of intent to declare the Contractor in default and immediately provide written notice of default to
the Contractor and the Surety. Working day charges will continue until completion of the Contract. The
Owner may suspend work in accordance with Section 8.4., "Temporary Suspension of Work or Working Day
Charges," to investigate apparent fraud or other unfixable conduct before defaulting the Contractor. The
Contractor may be subject to sanctions under the state and/or federal laws and regulations.
The Owner will determine the method used for the completion of the remaining work as follows:
m Contracts without Performance Bonds. The Owner will determine the most expeditious and efficient
way to complete the work, and recover damages from the Contractor.
m Contracts with Performance Bonds. The Owner will, without violating the Contract, demand that the
Contractor's Surety complete the remaining work in accordance with the terms of the original Contract.
A completing Contractor will be considered a subcontractor of the Surety. The Owner reserves the right
to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves
Certificates of Insurance as required in Section 3.4.3., "Insurance." Certificates of Insurance may be
issued in the name of the completing Contractor. The Surety is responsible for making every effort to
expedite the resumption of work and completion of the Contract. The Owner may complete the work
using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred
by the Owner for the completion of the work under the Contract will be the responsibility of the Surety.
From the time of notification of the default until work resumes (either by the Surety or the Owner), the Owner
will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed
upon by the Owner and the Surety. All costs associated with this work will be deducted from money due to
the Surety.
The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work
after the default, all payments will be made to the Surety. All costs and charges incurred by the Owner as a
result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic
control devices, costs for other work deemed necessary, and any applicable liquidated damages or
disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the
sum that would have been payable under the Contract, the Surety will be liable and pay the Owner the
balance of these costs in excess of the Contract price. In case the costs incurred by the Owner are less than
the amount that would have been payable under the Contract if the work had been completed by the
Contractor, the Owner will be entitled to retain the difference.
Comply with Article 8.2., "Subcontracting," and abide by the DBE/HUB/SBE commitments previously
approved by the Owner .
No markups as defined in Article 9.7., "Payment for Extra Work and Force Account Method," will be allowed
for the Surety.
'00"%N� 782@ Wrongful Default. Submit a written request to the Owner within 14 calendar days of receipt of the notice of
default for consideration of wrongful default.
The Owner will determine if the Contractor has been wrongfully defaulted, and will proceed with the following:
,....,, ■ If the Owner determines the default is proper, the default will remain. If the Contractor is in
disagreement, the Contractor may file a claim in accordance with Article 4.7., "Dispute or Claims
Procedure."
m If the Owner determines it was a wrongful default, the Owner will terminate the Contract for
convenience, in accordance with Article 8.8., "Termination of the Contract."
8. TERMINATION OF THE CONTRACT
The Owner may terminate the Contract in whole or in part whenever:
m the Contractor is prevented from proceeding with the work as a direct result of an executive order of the
President of the United States or the Governor of the State;
■ the Contractor is prevented from proceeding with the work due to a national emergency, or when the
work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or
diversion of materials, equipment or labor as the result of an order or a proclamation of the President of
the United States;
m the Contractor is prevented from proceeding with the work due to an order of any federal authority;
m the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or
permanent restraining court order where the issuance of the restraining order is primarily caused by acts
or omissions of persons or agencies other than the Contractor; or
m the Owner determines that termination of the Contract is in the best interest of the Owner or the public.
This includes, but is not limited to, the discovery of significant hazardous material problems, right of way
acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract.
� 8.1. Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination
specifying the extent of the termination and the effective date. Upon notice, immediately proceed in
accordance with the following:
E stop work as specified in the notice;
m place no further subcontracts or orders for materials, services, or facilities, except as necessary to
complete a critical portion of the Contract, as approved;
m terminate all subcontracts to the extent they relate to the work terminated;
m complete performance of the work not terminated;
m settle all outstanding liabilities and termination settlement proposals resulting from the termination for
public convenience of the Contract;
m create an inventory report, including all acceptable materials and products obtained for the Contract that
have not been incorporated in the work that was terminated (include in the inventory report a
description, quantity, location, source, cost, and payment status for each of the acceptable materials
and products); and
■ take any action necessary, or that the Engineer may direct, for the protection and preservation of the
materials and products related to the Contract that are in the possession of the Contractor and in which
the Owner has or may acquire an interest.
82, Settlement Provisions. Within 60 calendar days of the date of the notice of termination, submit a final
termination settlement proposal, unless otherwise approved. The Engineer will prepare a change order that
reduces the affected quantities of work and adds acceptable costs for termination. No claim for loss of
anticipated profits will be considered. The Owner will pay reasonable and verifiable termination costs
including:
■ all work completed at the unit bid price and partial payment for incomplete work;
m the percentage of Item 500, "Mobilization," equivalent to the percentage of work complete or actual cost
that can be supported by cost records, whichever is greater;
m expenses necessary for the preparation of termination settlement proposals and support data;
m the termination and settlement of subcontracts;
m storage, transportation, restocking, and other costs incurred necessary for the preservation, protection,
or disposition of the termination inventory; and
m other expenses acceptable to the Owner.
Item 9L
Measurement and Payment
in MEASUREMENT OF QUANTITIES
The Engineer will measure all completed work using United States standard measures, unless otherwise
specified.
loin Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be
made along the actual surface of the roadway and not horizontally. No deduction will be made for structures
in the roadway with an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses,
surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat
dimensions and will not exceed those shown on the plans, unless otherwise directed.
1823 Volume Measurement. Transport materials measured for payment by volume in approved hauling vehicles.
Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume
capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use
body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved
capacity. Loads not hauled in approved vehicles may be rejected.
1.3. Weight Measurement, Transport materials measured for payment by weight or truck measure in approved
hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all
haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified
� information. Furnish certified weights of loaded haul units transporting material if requested.
The material will be measured at the point of delivery. The cost of supplying these volume and weight
capacities is subsidiary to the pertinent item. For measurement by the ton, in the field, provide
measurements in accordance with Item 520, "Weighing and Measuring Equipment," except for items where
ton measurements are measured by standard tables.
The Engineer may reject loads and suspend hauling operations for overloading.
183816 Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible
to the traveling public, the net weight of the load will be calculated as follows:
■ If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly
weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the
vehicle from the gross weight.
m If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly
weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the
vehicle from the maximum gross weight allowed.
183,2, Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are
not accessible to the traveling public where advance permission is obtained in writing from the Engineer:
■ If the gross vehicle weight is less than the maximum allowed, including applicable yearly weight
tolerance permit, the net weight of the load will be determined by deducting the tare weight of the
vehicle from the gross weight.
m If the gross vehicle weight is more than the maximum allowed, the net weight of the load will be
determined by deducting the tare weight of the vehicle from the maximum gross weight allowed.
2. PLANS QUANTITY MEASUREMENT
Plans quantities may or may not represent the exact quantity of work performed or material moved, handled,
or placed during the execution of the Contract. The estimated bid quantities are designated as final payment
quantities, unless revised by the governing specifications or this article.
If the quantity measured as outlined under "Measurement" varies by more than 5% (or as stipulated under
"Measurement" for specific Items) from the total estimated quantity for an individual item originally shown in
the Contract, an adjustment may be made to the quantity of authorized work done for payment purposes.
When quantities are revised by a change in design approved by the Owner, by change order, or to correct an
error on the plans, the plans quantity will be increased or decreased by the amount involved in the change,
and the 5%variance will apply to the new plans quantity.
If the total Contract quantity multiplied by the unit bid price for an individual item is less than $250 and the
item is not originally a plans quantity item, then the item may be paid as a plans quantity item if the Engineer
and Contractor agree in writing to fix the final quantity as a plans quantity.
For Contracts with callout work and work orders, plans quantity measurement requirements are not
applicable.
3. ADJUSTMENT OF QUANTITIES
The party to the Contract requesting the adjustment will provide field measurements and calculations
showing the revised quantity. When approved, this revised quantity will constitute the final quantity for which
payment will be made. Payment for revised quantity will be made at the unit price bid for that item, except as
provided for in Article 4.4., "Changes in the Work."
4. SCOPE OF PAYMENT
Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies
necessary to complete the item of work under the Contract. Until final acceptance in accordance with
Article 5.12., "Final Acceptance," assume liability for completing the work according to the Contract
documents and any loss or damage arising from the performance of the work or from the action of the
elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract.
The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of
progress estimates will in noway affect the Contractor's obligation under the Contract to repair or replace any
defective parts in the construction or to replace any defective materials used in the construction and to be
responsible for all damages due to defects if the defects and damages are discovered on or before final
inspection and acceptance of the work.
5. PROGRESS PAYMENTS
The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place.
Incomplete items of work may be paid at an agreed upon percentage as approved. Payment of the monthly
estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the
Contract. Progress payments may be withheld for failure to comply with the Contract.
6. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD
Payment for extra work directed, performed, and accepted will be made in accordance with Article 4.4.,
� Changes in the Work." Payment for extra work may be established by agreed unit prices or by Force
Account Method.
Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same
/,.,%N\ character of work. These unit prices may be established without additional breakdown justification.
Geri
When using Force Account Method, determine an estimated cost for the proposed work and establish labor
and equipment rates and material costs. Maintain daily records of extra work and provide copies of these
records daily, signed by the Contractor's representative, for verification by the Engineer. Request payment
for the extra work no later than the 10th day of the month following the month in which the work was
performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost
of less than $10,000, submit for approval and payment an invoice of actual cost for materials, equipment,
labor, tools, and incidentals necessary to complete the extra work.
661, Markups. Payment for extra work may include markups as compensation for the use of small tools,
overhead expense, and profit.
6,1 al a Labor. Compensation will be made for payroll rates for each hour that the labor, foremen, or other approved
workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown
in the Contract for a particular category. An additional 25% of this sum will be paid as compensation for
overhead, superintendence, profit, and small tools.
691 828 Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in
Section 9.7.1.1 ., "Labor," will be paid as compensation for labor insurance and labor taxes including the cost
of premiums on non -project -specific liability (excluding vehicular) insurance, workers compensation
insurance, Social Security, unemployment insurance taxes, and fringe benefits.
6e1839 Materials. Compensation will be made for materials associated with the work based on actual delivered
invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead
and profit.
6,1948 Equipment. Payment will be made for the established equipment hourly rates for each hour that the
equipment is involved in the work. An additional 15% of this sum will be paid as compensation for overhead
and profit not included in the rates.
Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off -site
location.
6618481, Contractor -Owned Equipment. For Contractor -owned machinery, trucks, power tools, or other equipment,
use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor
and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Rental
Rate Blue Book at the time of use.
46
If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the
Engineer will allow a reasonable hourly rate. This price will include operating costs.
Payment for equipment will be made for the actual hours used in the work. The Owner reserves the right to
withhold payment for low production or lack of progress. Payment will not be made for time lost for
equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed.
If equipment is used intermittently while dedicated solely to the work, payment will be made for the duration
the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day, nor more
than 40 hours per week, nor more than 176 hours per month, except when time is computed using a six -day
or seven-day workweek. When using a six -day workweek, no more than 8 hours will be paid during a 24-hour
day, nor more than 48 hours per week, nor more than 211 hours per month. When using a seven-day
workweek, no more than 8 hours will be paid during a 24-hour day, nor more than 56 hours per week, nor
more than 246 hours per month.
69194028 Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the
Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for
the work. The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates.
When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the
Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added.
When the invoice specifies equipment operators as a component of the equipment rental, payment will be
made at the invoice rate for each operator for each day the equipment is needed for the work.
&1943e Standby Equipment Costs. Payment for standby equipment will be made in accordance with
Section 9.7.1.4., "Equipment," except that:
6819483619 ContractormOwned Equipment. For Contractor -owned machinery, trucks, power tools, or other equipment:
m Standby will be paid at 50% (to remove operating cost) of the FHWA rental rates found in the Rental
Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor.
m Standby costs will not be allowed during periods when the equipment would have otherwise been idle.
6184362. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the
Contractor:
■ Standby will be. paid at the invoice daily rental rate, excluding operating cost, which includes fuel,
lubricants, repairs, and servicing. The Owner reserves the right to limit the daily standby rate to
comparable FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional
adjustment factor and the rate adjustment factor.
m Standby will be paid for equipment operators when included on the invoice and equipment operators are
actually on standby.
m Standby costs will not be allowed during periods when the equipment would have otherwise been idle.
681.5@ Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation
for administrative cost, superintendence, and profit.
611068 Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for
administrative costs, superintendence, and profit.
6,1.7. Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for
administrative cost, superintendence, and profit.
661,8, Bond Cost. An additional 1 % of the total compensation provided in Article 9.7., "Payment for Extra Work and
Force Account Method," will be paid for the increase in bond.
7. RETAINAGE
The Owner may withhold retainage on the Contractor. The Contractor may withhold retainage on
subcontractors in accordance with state and federal regulations.
8. PAYMENT PROVISIONS FOR SUBCONTRACTORS
For the purposes of this article only, the term subcontractor includes suppliers and the term work includes
materials provided by suppliers at a location approved by the Engineer.
These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all
subcontractor material purchase agreements.
Pay subcontractors for work performed within 10 days after receiving payment for the work performed by the
� subcontractor. Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion
oiz all of the suuconLraCLorsIL & work. Completed subcont& & ractor work includes vegetative establishment, test,
maintenance, performance, and other similar periods that are the responsibility of the subcontractor.
For the purpose of this section, satisfactory completion is accomplished when:
■ the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the
subcontracted work, including the submittal of all information required by the specifications and the
Owner; and
m the work done by the subcontractor has been inspected, approved, and paid by the Owner.
Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to
certify that all subcontractors and suppliers were paid from the previous months payments and retainage was
released for those whose work is complete. Submit the completed form each month and the month following
the month when final acceptance occurred at the end of the project.
The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for
all the work as defined in Article 7,17., "Contractor's Responsibility for Work."
The Owner may pursue actions against the Contractor, including withholding of estimates and suspending the
work, for noncompliance with the subcontract requirements of this section upon receipt of written notice with
sufficient details showing the subcontractor has complied with contractual obligations.
9. FINAL PAYMENT
0
When the Contract has been completed, all work has been approved, final acceptance has been made in
accordance with Article 5.12., "Final Acceptance," and Contractor submittals have been received, the
Engineer will prepare a final estimate for payment showing the total quantity of work completed and the
money owed the Contractor. The final payment will reflect the entire sum due, less any sums previously paid.
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1 273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, 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.
FHWA-1 273 -- Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $101000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
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 provisions of the Americans with 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 contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its 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,
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, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program 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 ensure 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 procedures for locating and hiring minorities and
women.
d. 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 publications having a large
circulation among minorities and women 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 minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
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, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
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, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to 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 its 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 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 their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
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. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
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 employees who are minorities and
women 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 good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 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 good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union 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 to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of 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 minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. 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
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor 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. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following-
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women,
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for 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 Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics 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 issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph l.d. of this section; also, 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 29 CFR 5.5(a)(4). 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.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1 321) 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.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), 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
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The 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 Penod that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the 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. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor 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.
2. Withholding.
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor 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, so
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 contracting agency
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.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, 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)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at hftp://www.dol.gov/esa/whd/forms/Wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each 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 Regulations, 29 CFR
part 3;
(iii) 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.
5
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, 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 FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action 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.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
/00"%N, predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or 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 Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
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 journeymen hourly
rate 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 benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL),
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 U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration,,
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman 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 wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
b 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.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
6
/000%kd. Apprentices 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
trainees 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.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1 273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor 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 U.S. Department of Labor, or the
employees or their representatives.
10, Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001 -
V. CONTRACT WORK HOURS AND SAFETY
RDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
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), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1-)o f this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
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 (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
bcontracts. The prime contractor shall be responsible f-
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
7
�``, VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
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 contracting agency. Specialty items may be
performed by subcontract and the amount of 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 own organization
(23 CFR 635-116)8
a. The term " perform work with its own organization" refers
to workers employed or leased 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 or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
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 or propose 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 Section VI 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
own organizational resources (supervision, management, and
engineering services) as the 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
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
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
This provision i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
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 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting 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.C. 3704).
3. Pursuant to 29 CFR 1926.31 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.3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
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, Form FHWA-1 022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
8
"Whoever, being an officer, agent, or employee of the United
States, or of 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 cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
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 under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
/100%kBy submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier 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 first tier 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 first tier 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 contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
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," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier 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 first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. 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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (-hftgs://www.el2is.goKn, which is
compiled by the General Services Administration.
9
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective 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.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment 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;
(3) 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 (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective 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 Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier 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," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier 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 with which this
transaction originated.
f. The prospective lower tier 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,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
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 is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
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
in
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
Participants:
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 participating in
covered transactions 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.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20)8
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
Adoubt,
14"Vog�, 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 contrast, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 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.
3e The prospective participant also agrees by submitting its
bid or proposal that the participant 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.
HE
ATTACHMENT A - EMPLOYMENT AND MATERIALS 6. The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is, or reasonably may be, done as on -site work.
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1 c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
COUNTY: Williamson
PROJECT: Kenney Fort Blvd Seg 2 & 3
CONTROL: 0914-05-195
HIGHWAY: Kenney Fort Blvd
LIMITS FROM: Forest Creek Drive
LIMITS TO: SH45
Right -of -Way Status
This is to certify that all of the right-of-way has been acquired in accordance with the current
FHWA directive(s) covering the acquisition of real property, except those parcel(s) listed below
which will be acquired in accordance with the FHWA directive(s).
Relocation Status
This is to certify that this project did not cause any displacement and the steps relative to
relocation advisory assistance and payments under the current FHWA directive(s) covering the
administration of the Highway Relocation Assistance Program were not required.
Utility Status
This is to certify that all utilities have been adjusted in accordance with the appropriate directives
covering the adjustment of utilities, except those utility(ies) listed below which will be adjusted
in accordance with the appropriate directives.
Utilities
Owner
Utility
Location
Est Completion
Date
Effect on
Construction
AT&T
Fiber
Gattis School Rd
Complete
None
Atmos
GAS
Gattis School Rd
7/2/2021
None
CenturyLink
Fiber
Gattis School Rd
7/2/2021
None
City of Round Rock Water & WW
Water,
WW
Gattis School Rd
In PS&E
None
Grande (RRISD/CORR Fiber)
Fiber
Gattis School Rd
9/24/2021
None
Oncor
Power
Gattis School Rd
7/30/2021
None
Charter Spectrum
Fiber
Gattis School Rd
9/24/2021
None
All of the utility companies have been contacted and it has been determined that the above listed
dates are valid. The adjustment of utilities in accordance with the above dates will not impede or
delay the Contractor in construction of this project.
Encroachment Status
This is to certify that no right-of-way encroachments existed within the limits of this project or
all removals of right-of-way encroachments have been completed.
Page 1 of 2
COUNTY,: Wi"11'i'a son
PROJECTO Kenney Fort Blvd Seg 2'`'
CONTROL 0914.O5. 195
HIGHWAY: Kenney Fort Blvd
LIMITS FROM,.* Forest Creek Dri've
LIMITS To,, SH45
Rail,road Stalus9
4 If 0
This is to certi'fy that no ra'11road work was requaired for this project.
Garry D. Hudder
'k
D'irector o ransportation
Cl"ty of R tun�d Rock
41 zVz
DAte
Page 2 of 2
OOOwOO1 L
/00"K� Special Provision to Item 000
Schedule of Liquidated Damages
The dollar amount of daily contract administration Liquidated Damages per Working Day is $2,500.00,
09-14
Statewide
000402L
�r■1►
Special Provision to Item 000
Nondiscrimination
in DESCRIPTION
All recipients of federal financial assistance are required to comply with various nondiscrimination laws
including Title VI of the Civil Rights Act of 1964, as amended, (Title VI). Title VI forbids discrimination against
anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal
funds.
Owner, as a recipient of Federal financial assistance, and under Title VI and related statutes, ensures that no
person shall on the grounds of race, religion (where the primary objective of the financial assistance is to
provide employment per 42 U.S.C. § 2000d=3), color, national origin, sex, age or disability be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination under any of Owner's
programs or activities.
2. DEFINITION OF TERMS
Where the term " contractor" appears in the following six nondiscrimination clauses, the term " contractor" is
understood to include all parties to contracts or agreements with the Owner.
3. NONDISCRIMINATION PROVISIONS
During the performance of this contract, the contractor agrees as follows:
3916 Compliance with Regulations. The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.
3,22 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
33, Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
3,40 Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Owner or the Texas Department
of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or refuses
to furnish this information the contractor shall so certify to the Owner or the Texas Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the information.
09-14
Statewide
000402L
Q-0
365a Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination
provisions of this contract, the Owner shall impose such contract sanctions as it, the Owner may determine
to be appropriate, including, but not limited to:
■ withholding of payments to the contractor under the contract until the contractor complies, and/or
m cancellation, termination or suspension of the contract, in whole or in part.
3568 Incorporation of Provisions. The contractor shall include the provisions of paragraphs (3.1) through (3.6) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the Owner may direct as a means of enforcing such provisions including
sanctions for non-compliance: provided, however that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the Owner to enter into such litigation to protect the interests of the Owner, and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
2
09-14
Statewide
000w003L
� Special Provision to Item 000
0
Certification of Nondiscrimination in Employment
in GENERAL
By signing this proposal, the Bidder certifies that Bidder has participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if Bidder
has not participated in a previous contract of this type, or if Bidder has had previous contract or subcontracts
and has not filed, Bidder will file with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Note -The above certification is required by the Equal Employment Opportunity Regulations of the Secretary
of Labor (41 CFR 60-1,7(b)(1)), and must be submitted by Bidders and proposed subcontractors only in
connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and
subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally
only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)
prevents the award of contracts and subcontracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U.S. Department of Labor.
09-14
Statewide
000404L
�Special Provision to Item 000
Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246)
1. GENERAL
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.
2. GOALS
2016 Goals for minority and female participation are hereby established in accordance with 41 CFR 604M
2028 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, %
Goals for female participation 1
in each trade,
See Table 1
619
2838 These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical area
located outside of the covered area, it will apply the goals established for such geographical area where the
work is actually performed. With regard to this second area, the Contractor also is subject to the goals for
both its federally involved and non -federally involved construction. The Contractor's compliance with the
Executive Order and the regulations in 41 CFR Part 60=4 will be based on its implementation of the Standard
Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts
to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the Contract, and in each trade, and the Contractor must make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority and female employees
or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the
Contractor's goals will be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured against the total work hours performed.
2548 A Contractor or subcontractor will be considered in compliance with these provisions by participation in the
Texas Highway -Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each
Contractor or subcontractor participating in this plan must individually comply with the equal opportunity
clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each
participating trade in the plan in which it has employees. The overall good performance of other Contractors
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 must provide written notification to the Owner 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 Owner in the award. The notification will list the names,
000=004L
QQ
address and telephone number of the subcontractor; employer identification number; estimated dollar
amount of the subcontract; estimated starting and completion dates of the subcontract; and,the geographical
area in which the Contract is to be performed.
4. COVERED AREA
As used in this special provision, and in the Contract resulting from this solicitation, the geographical area
covered by these goals for female participation is the State of Texas. The geographical area covered by
these goals for other minorities are the counties in the State of Texas as indicated in Table 1.
5. REPORTS
The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance
Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246
as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that
he will be expected to fulfill.
Table 1
Goals for Minority Participation
Countv
Participation, %
Coun y
Participation,
Anderson
2255
Chambers
2704
Andrews
1889
Cherokee
22v5
Angelina
2205
Childress
1110
Aransas
4492
Cla
1284
Archer
1180
Cochran
1985
Armstronq
1110
Coke
2080
Atascosa
4954
Coleman
1009
Austin
2784
Collin
1882
Bailey
1955
Collingsworth
1190
Bandera
4954
Colorado
2714
Bastrop
2482
Cornal
4788
Baylor
1180
Comanche
1029
Bee
4492
Concho
2010
Bell
1684
Cooke
1782
Bexar
4788
Coryell
1684
Blanco
2402
Cottle
1180
Borden
19s5
Crane
1869
Bosque
1816
Crockett
2010
Bowie
1987
Crosby
19a5
Brazoria
2713
Culberson
4920
Brazos
2317
Dallarn
1180
Brewster
4910
Dallas
1832
Briscoe
1160
Dawson
19v5
Brooks
4452
Deaf Smith
1110
Brown
1019
Delta
1712
Burleson
2754
Denton
1812
Burnet
2482
DeWitt
27A
Caldwell
2482
Dickens
1985
Calhoun
2794
Dirnmit
4994
Callahan
11s6
Donley
1180
Cameron
7180
Duval
4482
Camp
2082
Eastland
1089
Carson
1150
Ector
15ol
Cass
2002
Edwards
4914
Castro
1180
Ellis
1882
2
C06
jjepue�
ta6t
llepu;9>1
086t
OISP!SOJd
Z"8
uewine>i
C56
J9110d
tl6t
sawed{
tlzZ
�lod
91l
squor
628 �
SOOOd
Z28 �
uosuqor
ol6
J9wJed
ZOtt
silam wir
Z'Sl
J;DlJed
to6t
bbOH wlr
g•ZZ
elOued
97z
uosJqjjqr
ZOL
Olul,d pled
006t
sinew ref
9azz
abuejo
9ozz
�a set
0'll
weqplo
toLz
uosloer
olL
agilppo
ZOLL
�•�q
s000nN
oloz
uOul
680 L
uelON
olL
uosuiqolnH
9ozz
UOlm@N
ZML
junH
ZIL l
OJJeAeN
066t
qledspnH
9ozz
SGqOOPbOOeN
688 l
PJ8mOH
986 6
Aqjjovj
9ozz
uojsnOH
zooz
SIJJOIN
ZIL
suildOH
oll
qjoovj
Zoe
POOH
CILZ
AJOWOBJUOIN
986
ZIL
anBelluoV4
908
ll!H
680
lloqol!n
88ZL
ObleP!H
988
SlIN
9ozz
IJOSJOPIJOH
908
WeIN
oll
ll!qdw9H
V6l
PUeIP!W
Itz
SAeH
oloz
PJeuqvj
640
1191seH
tl6t
Elluipavi
oll
A;91:PeH
tl6t
uellnrqorq
9azz
uOsl,JJeH-
LIOZ
ueuuelovl
CILZ
SIIJJeH-
o8oz
pollnoolN
9ozz
uIvpJeH
tl6t
�OIJOAejj
oll
uewgPJeH
tlz
epio6elevI
ol�
PJOISUeH
oloz
uosevj
908 �
u011!weH
698
ul:pen
oll
PH
gazz
U01jen
936
918H
tlz
u0sipen
81t
adnlepenE)
966
UUAJ
tlz
SOWIJE)
9'6
�ooQQnj
8ozz
a�J
619
blJIAO�
t06
UOSAEJ9
zltz
ouell
oll
AeJE)
zott
pep @Al�
tl6t
selezuoE)
olL
qwoosdil
tlz
pellOE)
908
quolsewil
689
�OoossejE)
CILZ
Ali
tl6t
ai sall!�
tlz
U091
926 �
eves
zetz
awl
608Z
lJOjS9Aj8E)
tlz
eOeAel
906
sauleE)
tl6t
allesel
tl6t
olij
908
sese wed
928 �
quolsagij
916
qw I
ZIL l
upuej�
zooz
Jewel
CILZ
PIJ98:IJO�
680 l
xou>l
oll
pjeo�
zatt
bJqqqj>j
5'6l
PAOIJ
tl6t
Aeuui>i
610 l
�aysi�
986
tlz
aua e�
oloz
elqwi>i
ZIL
uluue�
tl6t
909
silej
600 l
lug>]
ZIL
qleJ3
zatt
Apeu;9)4
8OL9
Osed 13
off, `uoi;e iaiPed
Aiunoo
% `uoi;e i:)iVed
Aluno:D
M�
Ivoom000
OOOmOO4L
...........
County
Particioation, %
Coun y
Participation,
Rains
1712
Reagan
2010
Real
4954
Throckmorton
1089
Red River
2082
Titus
2082
Reeves
1819
Tom Green
1982
Refuqio
4412
Travis
2411
Roberts
1110
Trinity
2784
Robertson
2754
Tyler
2286
Rockwall
1882
Upshur
22m5
Runnels
2010
Upton
1829
Rusk
22s5
Uvalde
4914
Sabine
22s6
Val Verde
4924
San Augustine
22s5
Van Zandt
1782
San Jacinto
2784
Victoria
2764
San Patricio
4187
Walker
2784
San Saba
2000
Waller
2753
Schleicher
2000
Ward
1829
Scurry
1029
Washi ton
2784
Shackelford
1019
Webb
8723
Shelby
2215
Wharton
2714
Sherman
1180
Wheeler
1100
Smith
23s5
Wichita
1284
Somervell
1712
Wilbarger
liso
Starr
7259
Willacy
7229
Stephens
1059
Williamson
2451
Sterling
2080
Wilson
4984
Stonewall
1019
Winkler
1819
Sutton
2050
Wise
1802
Swisher
1180
Wood
22s5
Tarrant
1882
Yoakum
1955
Taylor
1156
Young
1110
Terrell
2020
ZapaLQ
4914
Terry
1935
Zavala
4984
4
0ON05L
Special Provision to Item 000
Standard Federal Equal Employment Opportunity Construction
Contract Specifications
(Executive Order 11246)
in GENERAL
lei's As used in these specifications:
■ "Covered area" means the geographical area described in the solicitation from which this Contract
resulted;
■ "Director" means Director, Office of Federal Contract Compliance Programs, United States Department
of Labor, or any person to whom the Director delegates authority5
;
■ "Employer identification number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury Department Form 941 a
■ "Minority" includes:
• Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
• Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
• Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
• American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American and maintaining identifiable tribal affiliations through membership and participation
or community identification).
1,28 Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it will physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this Contract resulted.
1336 If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) will be in accordance with that plan
for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its obligations under
the equal employment opportunity (EEO) clause, and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or
Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
1848 The Contractor will implement the specific affirmative action standards provided in Section 1.7.1. through
Section 1.7,16, of these specifications. The goals set forth in the solicitation from which this Contract resulted
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 construction trade in which it has employees in
the covered area. Covered construction Contractors performing Contracts in geographical areas where they
do not have a Federal or federally assisted construction Contract will apply the minority and female goals
established for the geographical area where the Contract is being performed. Goals are published
periodically in the Federal Register in notice form and such notices may be obtained from any Office of
Federal Contract Compliance Programs office or any Federal procurement contracting officer. The
0ON05L
Contractor is expected to make substantially uniform progress toward its goals in each craft during the period
specified.
1.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereto.
1,6o In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U. S. Department of Labor.
1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity. The evaluation
of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum
results from its actions. The Contractor will document these efforts fully, and will implement affirmative action
steps at least as extensive as the following:
1.7.1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in
all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will
assign two or more women to each construction project. The Contractor will specifically ensure that all
foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention to minority or female
individuals working at such sites or in such facilities.
1.7.2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions
O"`� have employment opportunities available, and maintain a record of the organizations' responses.
197@3@ Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -
street applicant and minority or female referral from a union, a recruitment source or community organization
and of what action was taken with respect to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed
by the Contractor, this will be documented in the file with the reason therefor, along with whatever additional
actions the Contractor may have taken.
1.7.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has
a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union referral Process has impeded the
Contractor's efforts to meet its obligations.
1.7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S.
Department of Labor. The Contractor will provide notice of these programs to the sources compiled under 7b
above.
1.7.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs
and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and Collective 'bargaining agreement; by publicizing it in the company newspaper, annual
report, etc.; by specific review of the policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
/00"%N 107975 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
0ON05L
employment decisions including specific review of these items with on -site supervisory personnel such as
Superintendents, General Foremen, etc., before the initiation of construction work at any job site. A written
record must be made and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
187@8@ Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or
anticipates doing business.
1.7.9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with minority and female students and to minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment needs. Not later than one month before the date
for the acceptance of applications for apprenticeship or other training by any recruitment source, the
Contractor will send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
1871100 Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractor's workforce.
1078118 Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
Part 60-3.
187,128 Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through appropriate
training, etc., such opportunities.
1,78138 Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring all personnel and employment -related activities to
ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
167al4o Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet
and necessary changing facilities will be provided to assure privacy between the sexes.
1@7@158 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.
1179168 Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's
EEO policies and affirmative action obligations.
118a Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (Section 7.1. through Section 7.16.). The efforts of a contractor
association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a
member and participant, may be asserted as fulfilling any one or more of its obligations under Section 7.1.
through Section 7.16. of these Specifications provided that the Contractor actively participates in the group,
makes every effort to assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's
minority and female workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken
on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group
to fulfill an obligation will not be a defense for the Contractor's noncompliance.
� 1990 A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor
3
00M5L
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).
igloo 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.
lolls The Contractor will not enter into any Subcontract with any person or firm debarred from Government
Contracts pursuant to Executive Order 11246.
1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out
such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as
amended.
1.13. The Contractor, in fulfilling its obligations under these specifications, will implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations, or these specifications,
the Director will proceed in accordance with 41 CFR 604888
19148 The Contractor will designate a responsible official to monitor all employment -related activity to ensure that
the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be
required by the Government and to keep records. Records must at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper,
/'"'*. or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records must be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not
be required to maintain separate records.
rwa
1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
1.16. In addition to the reporting requirements set forth elsewhere in this Contract, the Contractor and the
subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, will submit for
every month of July during which work is performed, employment data as contained under Form PR 1391
(Appendix C to 23 CFR, Part 230), and in accordance with the included instructions.
4
OOOm394L
� Special Provision to Item 000
DiBusiness Enterprise isadvantagedn Federal -Aid Contracts
1. DESCRIPTION
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 individuals who are determined to be socially and
economically disadvantaged can compete fairly for DOT -assisted Contracts.
2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL -AID CONTRACTS
201 a Policy. It is the policy of the DOT and the Texas Department of Transportation (Department) that DBEs, as
defined in 49 CFR Part 26, Subpart A, and the Department's DBE Program, will have the opportunity to
participate in the performance of Contracts financed in whole or in part with federal funds. The DBE
requirements of 49 CFR Part 26, and the Department's DBE Program, apply to this Contract as follows.
282,
The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26,
Appendix A, and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this
Contract.
The Contractor, subrecipient, or subcontractor will not discriminate on the basis of race, color, national origin,
or sex in the performance of this Contract. Carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT -assisted Contracts. Failure to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy as the recipient
deems appropriate.
The requirements of this Special Provision must be physically included in any subcontract.
By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be
met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good
faith effort to meet the commitment.
Definitions.
282,18 Administrative Reconsideration. A process by which the low bidder may request reconsideration when the
Department determines the good faith effort (GFE) requirements have not been met.
292020 Commercially Useful Function (CUF). A CUF occurs when a DBE has the responsibility for the execution
of the work and carrying out such responsibilities by actually performing, managing, and supervising the
work.
262o3a Disadvantaged Business Enterprise (DBE). A for -profit small business certified through the Texas Unified
Certification Program in accordance with 49 CFR Part 26, that is at least 51 % owned by one or more socially
and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least
51 % of the stock is owned by one or more socially and economically disadvantaged individuals, and whose
management and daily business operations are controlled by one or more of the individuals who own it.
20264a DBE Joint Venture. An association of a DBE firm and one or more other firms to carry out a single business
enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge, and
in which the DBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose
1-7
000-394L
share in the capital contribution, control, management, risks, and profits of the joint venture are
commensurate with its ownership interest.
2.2.5. DOT. The U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway
Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration
(FAA).
2.2.6. Federal -Aid Contract. Any Contract between the Owner and a Contractor that is paid for in whole or in part
with DOT financial assistance.
2.2.7. Good Faith Effort. All necessary and reasonable steps to achieve the contract goal which, by their scope,
intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE
participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout
performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A.
2.2.8. North American Industry Classification System (NAICS). A designation that best describes the primary
business of a firm. The NAICS is described in the North American Industry Classification Manual —United
States, which is available on the Internet at the U.S. Census Bureau website:
http://www.census.gov/eos/www/naics/.
2.2.9. Race -Conscious. A measure or program that is focused specifically on assisting only DBEs, including
women -owned businesses.
2.2.10. Race -Neutral DBE Participation. Any participation by a DBE through customary competitive procurement
procedures.
2.2.11. Texas Unified Certification Program (TUCP) Directory. An online directory listing all DBEs currently
certified by the TUCP. The Directory identifies DBE firms whose participation on a Contract may be counted
toward achievement of the assigned DBE Contract goal.
2.3. Contractor's Responsibilities.
2.3.1. DBE Liaison Officer. Designate a DBE liaison officer who will administer the Contractor's DBE program and
who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs.
2.3.2. Compliance Tracking. This Contract is subject to Contract compliance tracking. Contractors and DBEs are
required to provide any noted and requested Contract compliance -related data to the Owner. This includes,
but is not limited to, commitments, payments, substitutions, and good faith efforts. Contractors and DBEs are
responsible for responding by any noted response date or due date to any instructions or request for
information by the Owner.
2.3.3. Apparent Low Bidder. The apparent low bidder must submit DBE commitments to satisfy the DBE goal or
submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be
achieved, in whole or part, no later than 5 calendar days after bid opening. The means of transmittal and the
risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar-
day timeframe will be allowed for any reason.
2.3.4. DBE Contractor. A DBE Contractor may receive credit toward the DBE goal for work performed by its own
forces and work subcontracted to DBEs. In the event a DBE subcontracts to a non -DBE, that information
must be reported monthly.
2.3.5. DBE Committal. Only those DBEs certified by the TUCP are eligible to be used for goal attainment. The
Directory can be accessed at the following Internet address:
https://txdot.txdotcros.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=2340.
2-7
000w394L
1�
A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is
the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms.
The Bidder is responsible to ensure that all submittals are checked for accuracy. Any and all omissions,
deletions, and/or errors that may affect the end result of the commitment package are the sole liabilities of
the bidder.
Commitments in excess of the goal are considered race -neutral commitments.
28169 Good Faith Effort Requirements. A Contractor who cannot meet the Contract goal, in whole or in part,
must make adequate good faith efforts to obtain DBE participation as so stated and defined in
49 CFR Part 26, Appendix A.
20366,118 Administrative Reconsideration. If the Owner determines that the apparent low bidder has failed to satisfy
the good faith efforts requirement, the Owner will notify the Bidder of the failure and will give the Bidder an
opportunity for administrative reconsideration.
The Bidder must request an administrative reconsideration of that determination within 3 days of the date of
receipt of the notice. The request must be submitted directly to the Owner.
If a reconsideration request is timely received, the reconsideration decision will be made by the Owner's DBE
liaison officer or, if the DBE liaison officer took part in the original determination that the Bidder failed to
satisfy the good faith effort requirements, an Owner employee who holds a senior leadership position and
reports directly to the executive officer, and who did not take part in the original determination will act as an
administrative hearing officer. The Bidder may provide written documentation or argument concerning
whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet
the Contract goal.
The DBE liaison or other Owner employee making the reconsideration determination may request a meeting
with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts
were made to obtain the commitments to meet the Contract goal.
The meeting must be held within 7 days of the date of the request submitted under this section. If the Bidder
is unavailable to meet during the 7-day period, the reconsideration decision will be made on the written
information provided by the Bidder.
The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did
not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal, within
7 days of the date of the notice issued in this section.
The reconsideration decision is final and not subject to administrative appeal.
2.3.7. Determination of DBE Participation. The work performed by the DBE must be reasonably construed to be
included in the work area and NAICS work code identified by the Contractor in the approved commitment.
Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the
participation has been paid to the DBE.
Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal
if that DBE was certified as a DBE before the execution of the subcontract and has performed a
Commercially Useful Function.
The total amount paid to the DBE for work performed with its own forces is counted toward the DBE goal.
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.
3-7
OOOm394L
DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the
Contractor or its affiliates is not allowed., Project materials or supplies acquired from an affiliate of the
Contractor cannot directly or indirectly (second or lower tier subcontractor) be used for DBE goal credit.
If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract,
the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract
goal. If the DBE firm is decertified before the DBE firm has signed a subcontract, the Contractor is obligated
to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so.
The Contractor may count 100% of its expenditure to a DBE manufacturer. According to
49 CFR 26.55(e)(1)(i), a DBE manufacturer is a firm that operates or maintains a factory or establishment
that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract
and of the general character described by the specifications.
The Contractor may count only 60% of its expenditure to a DBE regular dealer. According to
49 CFR 26.55(e)(2)(i), a DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse,
or other establishment in which the materials, supplies, articles, or equipment of the general character
described by the specifications and required under the Contract are bought, kept in stock, and regularly sold
or leased to the public in the usual course of business. A firm may be a regular dealer in such bulk items as
petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place
of business if the firm both owns and operates distribution equipment for the products. Any supplementing of
regular dealers' own distribution equipment must be by a long-term lease agreement and not on an ad hoc or
contract-by-contract basis. Along-term lease with a thirdmparty transportation company is not eligible for 60%
goal credit.
With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular
dealer, the Contractor may count the entire amount of fees or commissions charged for assistance in the
procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or
supplies required on a job site.
A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE
joint venture equal to the distinct, clearly defined portion of the work of the Contract performed by the DBE.
28398m Commercially Useful Function. It is the Contractor's obligation to ensure that each DBE used on
federal -assisted contracts performs a commercially useful function on the Contract.
The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF,
Under the terms established in 49 CFR 26.55, a DBE performs a CUF when it is responsible for execution of
the work of the Contract and is carrying out its responsibilities by actually performing, managing, and
supervising the work involved.
With respect to material and supplies used on the Contract, a DBE must be responsible for negotiating price,
determining quality and quantity, ordering the material, installing the material, if applicable, and paying for the
material itself.
With respect to trucking, the DBE trucking firm must own and operate at least one fully licensed, insured, and
operational truck used on the Contract. The DBE may lease trucks from another DBE firm, including an
owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for
the total value of the transportation services the lessee DBE provides on the Contract. The DBE may also
lease trucks from anon-DBE firm, including from an owner -operator. The DBE that leases trucks equipped
with drivers from anon-DBE is entitled to credit for the total value of transportation services provided by non -
DBE leased trucks equipped with drivers not to exceed the value'of transportation services on the Contract
provided by DBE -owned trucks or leased trucks with DBE employee drivers. Additional participation by non=
DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result
of the lease arrangement.
4-7
OOOm394L
A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction,
Contract, or project through which funds are passed in order to obtain the appearance of DBE participation.
The Owner will evaluate similar transactions involving non -DBEs in order to determine whether a DBE is an
extra participant.
If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its Contract with its
own work force, or the DBE subcontracts a greater portion of the work than would be expected on the basis
of normal industry practice for the type of work involved, the Owner will presume that the DBE is not
performing a CUF.
If the Owner determines that a DBE is not performing a CUF, no work performed by such DBE will count as
eligible participation. The denial period of time may occur before or after a determination has been made by
the Owner.
In case of the denial of credit for non-performance, the Contractor will be required to provide a substitute
DBE to meet the Contract goal or provide an adequate good faith effort when applicable.
23s8vle Rebuttal of a Finding of No Commercially Useful Function. Consistent with the provisions of 49 CFR
26,55(c)(4)&(5), before the Owner makes a final finding that no CUF has been performed by a DBE, the
Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information.
CUF determinations are not subject to administrative appeal.
283698 Joint Check. The use of joint checks between a Contractor and a DBE is allowed with Owner approval. To
obtain approval, the Contractor must submit a completed Form 2178, "DBE Joint Check Approval," to the
Owner.
The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the
independence of the DBE nor inhibit the DBE's ability to perform a CUF. When joint checks are utilized, DBE
credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in
accordance with 49 CFR 26.55(c)(1).
Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in
the lack of participation towards the Contract goal requirement if DBE independence cannot be established.
Joint checks will not be allowed simply for the convenience of the Contractor.
If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of
independence for the DBE involved, no credit for the DBE I s participation as it relates to the material cost will
be used toward the Contract goal requirement, and the Contractor will need to make up the difference
elsewhere on the project.
2030108 DBE Termination and Substitution. No DBE named in the commitment submitted under Section 2.3.5. will
be terminated for convenience, in whole or part, without the Owner's approval. This includes, but is not
limited to, instances in which a Contractor seeks to perform work originally designated for a DBE
subcontractor with its own forces or those of an affiliate, anon-DBE firm, or with another DBE firm.
Unless consent is provided, the Contractor will not be entitled to any payment for work or material unless it is
performed or supplied by the listed DBE.
The Contractor, prior to submitting its request to terminate, must first give written notice to the DBE of its
intent to terminate and the reason for the termination. The Contractor will copy the Owner on the Notice of
Intent to terminate.
5-7
000w394L
The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the
40�1 Owner of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner
should not approve the prime Contractor's request for termination.
The Owner may provide a shorter response time if required in a particular case as a matter of public
necessity.
The Owner will consider both the Contractor's request and DBE's stated position prior to approving the
request. The Owner may provide a written approval only if it agrees, for reasons stated in its concurrence
document, that the Contractor has good cause to terminate the DBE. If the Owner does not approve the
request, the Contractor must continue to use the committed DBE firm in accordance with the Contract. For
guidance on what good cause includes, see 49 CFR 268532
Good cause does not exist if the Contractor seeks to terminate, reduce, or substitute a DBE it relied upon to
obtain the Contract so that the Contractor can self -perform the work for which the DBE firm was engaged.
When a DBE subcontractor is terminated, make good faith efforts to find, as a substitute for the original DBE,
another DBE to perform, at least to the extent needed to meet the established Contract goal, the work that
the original DBE was to have performed under the Contract.
Submit the completed Form 2228, "DBE Termination Substitution Request," within seven (7) days, which
may be extended for an additional 7 days if necessary at the request of the Contractor. The Owner will
provide a written determination to the Contractor stating whether or not good faith efforts have been
demonstrated.
2836118 Reports and Records. By the 15th of each month and after work begins, report payments to meet the DBE
goal and for DBE race -neutral participation on projects with or without goals. These payment reports will be
required until all DBE subcontracting or material supply activity is completed. Negative payment reports are
� required when no activity has occurred in a monthly period.
Notify the Owner if payment to any DBE subcontractor is withheld or reduced.
Before receiving final payment from the Owner, the Contractor must indicate a final payment on the
compliance tracking system. The final payment is a summary of all payments made to the DBEs on the
project.
All records must be retained for a period of 3 years following completion of the Contract work, and must be
available at reasonable times and places for inspection by authorized representatives of the Owner, Texas
Department of Transportation or the DOT. Provide copies of subcontracts or agreements and other
documentation upon request.
2939122 Failure to Comply. If the Owner determines the Contractor has failed to demonstrate good faith efforts to
meet the assigned goal, the Contractor will be given an opportunity for reconsideration by the Owner.
A Contractor's failure to comply with the requirements of this Special Provision will constitute a material
breach of this Contract. In such a case, the Owner reserves the right to terminate the Contract; to deduct the
amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor; or to
secure a refund, not as a penalty but as liquidated damages, to the Owner or such other remedy or remedies
as the Owner deems appropriate.
23813s Investigations. The Owner may conduct reviews or investigations of participants as necessary. All
participants, including, but not limited to, DBEs and complainants using DBE Subcontractors to meet the
Contract goal, are required to cooperate fully and promptly with compliance reviews, investigations, and
other requests for information.
6-7
000m3941.
Gr■r1i
2038148 Falsification and Misrepresentation. If the Owner determines that a Contractor or subcontractor was a
knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially
inflate DBE participation or any other business arrangement determined by the Owner to be unallowable, or if
the Contractor engages in repeated violations, falsification, or misrepresentation, the Owner may:
■ refuse to count any fraudulent or misrepresented DBE participation;
m withhold progress payments to the Contractor commensurate with the violation;
m refer the matter to the Office of Inspector General of the US Department of Transportation for
investigation; and/or
m seek any other available contractual remedy.
7-7
002=001 1 L
� Special Provision to Item 2
Instructions to Bidders
Item 2, " Instructions to Bidders," of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 2.3., " Issuing Proposal Forms," second paragraph, is supplemented by the following.
The Owner will not issue a proposal form if one or more of the following apply:
■ the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project, but was deemed
nonresponsive for failure to submit a DBE commitment as specified in Article 2,14., "Disadvantaged Business Enterprise
(DBE)," is prohibited from rebidding that specific project.
Article 2.7., " Nonresponsive Bold," is supplemented by the following:
The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered
nonresponsive:
M the Bidder failed to submit a DBE commitment as specified in Article 2,14., "Disadvantaged Business Enterprise (DBE)."
Article 2,14., "Disadvantaged Business Enterprise (DBE)," is added.
'� The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5
calendar days (as defined in 49 CFR Part 26, Subpart A) of bid opening. For a submission that meets the 5-day requirement,
administrative corrections will be allowed.
If the apparent low Bidder fails to submit their DBE information within the specified timeframe, the apparent low bidder will be
deemed nonresponsive and the proposal guaranty will become the property of the Owner, not as a penalty, but as liquidated
damages. The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there
has been a substantial change in the design of the work. The Owner may recommend:
m reject all bids, or
m award the Contract to the new apparent low Bidder, if the new apparent low Bidder submits DBE information within
one calendar day of notification by the Owner.
If the new apparent low Bidder is unable to submit the required DBE information within one calendar day:
M the new apparent low Bidder will not be deemed nonresponsive,
m the Bidder's guaranty will not be forfeited,
m the Owner will reject all bids, and
M the Bidder will remain eligible to receive future proposals for the same project.
506m001 L
Special Provision to Item 506
Temporary Erosion, Sedimentation, and Environmental Controls
For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the
standard specifications,, is hereby voided and replaced with the following.
in DESCRIPTION
Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or
reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) in
the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR1 500009
2. MATERIALS
2@1 a
Furnish materials in accordance with the following:
■ Item 161, "Compost'
m Item 432, "Riprap"
m Item 556, "Pipe Underdrains"
Rock Filter Dams.
281 81 a Aggregate. Furnish aggregate with hardness, durability, cleanliness, and resistance to crumbling, flaking,
and eroding acceptable to the Owner. Provide the following:
■ Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate.
m Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate.
281629 Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3
rock filter dams. Type 4 dams require:
E a double -twisted hexagonal weave with a nominal mesh opening of 2-1/2 in. x 3-1/4 in.;
m minimum 0.0866 in. steel wire for netting;
E minimum 0.1063 in. steel wire for selvages and corners; and
■ minimum 0.0866 in. for binding or tie wire.
261 s39 Sandbag Material. Furnish sandbags meeting Section 506.2.8., "Sandbags," except that any gradation of
aggregate may be used to fill the sandbags.
282, Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing,
watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that
conform to the plans. Recycled and other materials meeting these requirements are allowed if approved.
Furnish concrete in accordance with Item 432, "Riprap."
293. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable
non -erodible material that conforms to the plans. Provide rock or rubble with a minimum diameter of 6 in. and
a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters.
2A, Construction Exits. Provide materials that meet the details shown on the plans and this Section.
506wOOI L
VW 'r-7, __
0 a
204818 Rock Construction Exit. Provide crushed aaaregate for Iong- and short-term construction exits. Furnish
aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam,
shale, soft or flaky materials, and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1. Use 2- to
4-in. aggregate for Type 3.
294828 Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction
exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts,
of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. Provide plywood or pressed
wafer board at least 1/2 in. thick for short-term exits.
2,4839 Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic
cement concrete, or other materials as shown on the plans or directed.
285@ Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a
stable embankment to meet the intended use.
2868 Pipe. Provide pipe outlet material in accordance with Item 556, "Pipe Underdrains," and details shown on the
plans.
2476 Construction Perimeter Fence.
2@781 @ Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts
with a minimum diameter of 3 in., or use nominal 2 X 4 in. boards. Furnish hardwood posts with a minimum
cross-section of 1-1/2 X 1-1/5 in. Furnish T- or L-shaped steel posts with a minimum weight of 0.5 lb, per foot.
2@792@ Fence. Provide orange construction fencing as approved.
287s3s Fence Wire. Provide 11 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie
wire.
2@7@48 Flagging. Provide brightly-colored flagging that is fade -resistant and at least 3/4 in. wide to provide
maximum visibility both day and night.
287850 Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long.
287568 Used Materials. Previously used materials meeting the applicable requirements may be used if approved.
298, Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a
minimum unit weight of 4 oz. per square yard, a Mullen burst -strength exceeding 300 psi, and an ultraviolet
stability exceeding 70%.
Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled
sandbags must be 24 to 30 in. long, 16 to 18 in. wide, and 6 to 8 in. thick.
Table 1
Sand Gradation
Sieve #
Retained % by Weighq
4
Maximum 3%
100
Minimum 80%
200
Minimum 95%
Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic. The
aggregate size shall not exceed 3/8 in.
2,96 Temporary Sediment Control Fence. Provide a net -reinforced fence using woven geo-textile fabric. Logos
visible to the traveling public will not be allowed.
2
506m001 L
M F&M-0
ON&I
229818 Fabric. Provide fabric materials in accordance with DMS-6230, "Temporary Sediment Control Fence Fabric."
219929 Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise
shown on the plans. Furnish soft wood posts at least 3 in. in diameter, or use nominal 2 X 4 in. boards.
Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in. Furnish T- or L-shaped steel posts
with a minimum weight of 1.3 lb. per foot.
20903a Net Reinforcement. Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh, with a
maximum opening size of 2 X 4 in., at least 24 in. wide, unless otherwise shown on the plans.
259840 Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long.
209856 Used Materials. Use recycled material meeting the applicable requirements if approved.
29108 Biodegradable Erosion Control Logs.
281081 8 Core Material. Furnish core material that is biodegradable or recyclable. Use compost, mulch, aspen
excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100%
recyclable fibers, or any other acceptable material unless specifically called out on the plans. Permit no more
than 5% of the material to escape from the containment mesh. Furnish compost meeting the requirements of
Item 161 J "Compost."
2810828 Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable, or recyclable
such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material.
Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a
vegetative system.
Furnish recyclable containment mesh for temporary installations.
291093m Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff
containment mesh densely so logs do not deform.
3. CONSTRUCTION
3.1. Contractor Responsibilities. Implement the Owner's Storm Water Pollution Prevention Plan (SWP3) for the
project in accordance with the plans and specifications, TPDES General Permit TXR1 50000, and as directed
by the Owner. Develop and implement an SWP3 for project -specific material supply plants within and outside
of the Owner's right of way in accordance with the specific or general storm water permit requirements.
Prevent water pollution from storm water associated with construction activity from entering any surface
water or private property on or adjacent to the project site.
3028
General.
1281 a Phasing. Implement control measures in the area to be disturbed before beginning construction, or as
directed. Limit the disturbance to the area shown on the plans or as directed. If, in the opinion of the Owner,
the Contractor cannot control soil erosion and sedimentation resulting from construction operations, the
Owner will limit the disturbed area to that which the Contractor is able to control. Minimize disturbance to
vegetation.
382926 Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed.
Remove excavated material within the time requirements specified in the applicable storm water permit.
382939 Stabilization. Stabilize disturbed areas where construction activities will be temporarily stopped in
accordance with the applicable storm water permit. Establish a uniform vegetative cover. The project will not
be accepted until a 70% density of existing adjacent undisturbed areas is obtained, unless otherwise shown
3
506=001 L
on the plans. When shown on the plans, the Owner may accept the project when adequate controls are in
place that will control erosion, sedimentation, and water pollution until sufficient vegetative cover can be
established.
382848 Finished Work. Upon acceptance of vegetative cover, remove and dispose of all temporary control
measures, temporary embankments, bridges, matting, falsework, piling, debris, or other obstructions placed
during construction that are not a part of the finished work, or as directed.
3@2358 Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any
pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other
petroleum product. Operate and maintain equipment on -site to prevent actual or potential water pollution.
Manage, control, and dispose of litter on -site such that no adverse impacts to water quality occur. Prevent
dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value,
utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General
Permit TXR1 50000, Utilize appropriate controls to minimize the offsite transport of suspended sediments and
other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges
that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a
listed water body, or other state or federal law.
3s3s Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, according to
manufacturers' guidelines, and in accordance with the TPDES General Permit TXR1 50000. Install and
maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris
until soil disturbing activities are completed and permanent erosion control features are in place or the
disturbed area has been adequately stabilized as determined by the Owner.. If a device ceases to function
as intended, repair or replace the device or portions thereof as necessary. Remove sediment, debris, and
litter. When approved, sediments may be disposed of within embankments, or in the right of way in areas
where the material will not contribute to further siltation. Dispose of removed material in accordance with
federal, state, and local regulations.
Remove devices upon approval or as directed. Finish -grade and dress the area upon removal. Stabilize
disturbed areas in accordance with the permit, and as shown on the plans or directed. Materials removed are
considered consumed by the project. Retain ownership of stockpiled material and remove it from the project
when new installations or replacements are no longer required.
33els Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that
may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at
the Contractor's option.
Place the aggregate to the lines, height, and slopes specified, without undue voids for Types 1, 21 3, and 5.
Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and
secure it to itself on the downstream side with wire ties, or hog rings, for Types 2 and 3, or as directed. Place
rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter
dams according to the following criteria unless otherwise shown on the plans:
38301 1 a
Type 1 (Nonmreinforced).
36381 1 81 a
Height. At least 18 in. measured vertically from existing ground to top of filter dam.
383818162,
Top Width. At least 2 ft.
3832191838
Slopes. No steeper than 2:1.
3,381,28
Type 2 (Reinforced).
,.••.,, 3836192819
Height. At least 18 in. measured vertically from existing ground to top of filter dam.
4
506mOO1 L
3830182929 Top Width. At least 2 fte
33182838 Slopes. No steeper than 2:1 a
3391831 Type 3 (Reinforced).
&1163alv Height. At least 36 in. measured vertically from existing ground to top of filter dam.
3939183,28 Top Width. At least 2 ft.
3938193839 Slopes. No steeper than 2:1.
36381849 Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing
in a single loop -double loop pattern on 4- to 5-in. spacing for vertical filling. Pull the end lacing rod atone
end until tight, wrap around the end, and twist 4 times. Fill with stone at the filling end, pull the rod tight, cut
the wire with approximately 6 in. remaining, and twist wires 4 times.
Place the sack flat in a filling trough, fill with stone, connect sides, and secure ends as described above for
horizontal filling.
Lift and place without damaging the gabion, Shape sack gabions to existing contours.
&1185e Type 5. Provide rock filter dams as shown on the plans.
313028 Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct
embankment for the drainage system in 8-in. lifts to the required elevations. Hand -tamp the soil around and
under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top
of the embankment or earth dike over the pipe slope drain at least 1 ft, higher than the top of the inlet pipe at
all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center.
Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the
sediment trap using concrete or rubble riprap in accordance with Item 432, "Riprap," when designated on the
plans.
3e3s3s Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide
excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on
the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the
materials specified above, to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or
as directed.
33848 Construction Exults. Prevent traffic from crossing or exiting the construction site or moving directly onto a
public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of
construction exits when tracking conditions exist. Construct exits for either long- or short-term use.
38304818 Long -Term. Place the exit over a foundation course as required. Grade the foundation course or compacted
subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed.
Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way tragic for the full width of the
exit, or as directed.
3838481als Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed.
3838491626 Type 2. Construct using railroad ties and timbers as shown on the plans or as directed.
30384828 Short -Term.
393,4,2818 Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily
operations where long-term exits are not practical.
5
506=001 L
0
3838482929 Type 4. Construct as shown on the plans or as directed,.
� 393956 Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and
to remove collected sediments from other erosion control devices.
38385618 Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations
of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales
and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert
runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides.
Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown
on the plans or as directed.
Create a sediment basin, where required, providing 3,600 cu. ft. of storage per acre drained, or equivalent
control measures for drainage locations that serve an area with 10 or more disturbed acres atone time, not
including offsite areas.
&15826
Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the
performance of the devices, after a rain, and when directed.
393869
Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed.
30366812
Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft.
39306828
Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire
midway between the ground and the top wire.
30386832
Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least
18 in. long. Tie flagging to the wire using a square knot.
3@3@79
Sandbags for Erosion Control, Construct a berm or dam of sandbags that will intercept sediment -laden
storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet
flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the
open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of
sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary
debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or
dams of sandbags or earth.
0
33688 Temporary Sediment -Control Fence. Provide temporary sediment -control fence near the downstream
perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion -control
measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as
specified in this Section, or as directed.
33.861, Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6
to 8 ft. and install on a slight angle toward the runoff source.
38388628 Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a
minimum trench cross-section of 6 X 6 in. Place the fabric against the side of the trench and align
approximately 2 in. of fabric along the bottom in the upstream direction. Backfill the trench, then hand -tamp.
323,8930 Fabric and Net Reinforcement Attachment. Attach the reinforcement to wooden posts with staples, or to
steel posts with T-clips, in at least 4 places equally spaced unless otherwise shown on the plans. Sewn
vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of
reinforcement by hog rings or cord every 15 in. or less.
6
506=001 L
39388849 Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least
ANN& 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow
areas.
Requirements for installation of used temporary sediment -,control fence include the following:
m fabric with minimal or no visible signs of biodegradation (weak fibers),
m fabric without excessive patching (more than 1 patch every 15 to 20 ft.),
m posts without bends, and
m backing without holes.
303,99 Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream
perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion
control logs into the erosion measures used to control sediment in areas of higher flow. Install, align, and
locate the biodegradable erosion control logs as specified below, as shown in plans or as directed.
Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of
normal rain events, prevent damage to the logs, and to the satisfaction of the Owner such that flow is not
allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily
work is allowed at the Contractor's expense.
3,30109 Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a
track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in. long X 2 to
4 in. wide x 1/2 to 2 in. deep. Do not exceed 12 in. between track impressions. Install continuous linear track
impressions where the 12 in. length impressions are perpendicular to the slope. Vertical tracking is required
on projects where soil disturbing activities have occurred unless otherwise approved.
4. MEASUREMENT
4818 Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic
yard. The measured volume will include sandbags, when used.
401 81 9 Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the
centerline of the top of the dam.
481828 Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based
on the volume of rock computed by the method of average end areas.
49182812 Installation. Measurement will be made in final position.
4619262. Removal. Measurement will be made at the point of removal.
4829 Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot.
43, Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area.
The measured area will include the energy dissipater at the flume outlet.
4248 Construction Exits. Construction exits will be measured by the square yard of surface area.
4s5o Earthwork for Erosion and Sediment Control.
455610 Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of
hours the equipment is operated and the labor is engaged in the work.
465828 Volume Measurement.
7
506mO01 L
4v582818 In Place.
4v59281816 Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed
by the method of average end areas.
495@2@ 1 @2a Embankment. Embankment will be measured by the cubic yard in its final position by the method of average
end areas. The volume of embankment will be determined between:
■ the original ground surfaces or the surface upon that the embankment is to be constructed for the
feature and
m the lines, grades and slopes of the accepted embankment for the feature.
49552028 In Vehicles. Excavation and embankment quantities will be combined and paid for under "Earthwork
(Erosion and Sediment Control, In Vehicle)," Excavation will be measured by the cubic yard in vehicles at the
point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of
delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities.
4,68 Construction Perimeter Fence. Construction perimeter fence will be measured by the foot.
4@7@ Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of
sandbag berms or dams.
4e8s Temporary Sediment -Control Fence. Installation or removal of temporary sediment -control fence will be
measured by the foot.
4890 Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be
measured by the foot along the centerline of the top of the control logs.
40106 Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to
this Item.
5. PAYMENT
The following will not be paid for directly but are subsidiary to pertinent Items:
■ erosion -control measures for Contractor project -specific locations (PSLs) inside and outside the right of
way (such as construction and haul roads, field offices, equipment and supply areas, plants, and
material sources);
■ removal of litter, unless a separate pay item is shown on the plans;
N repair to devices and features damaged by Contractor operations;
■ added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and
failure to install permanent controls;
m removal and reinstallation of devices and features needed for the convenience of the Contractor;
■ finish grading and dressing upon removal of the device; and
■ minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to
maintain slopes on an erosion embankment feature, or moving small numbers of sandbags.
Stabilization of disturbed areas will be paid for under pertinent Items.
Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for
directly but is subsidiary to the excavation and embankment under this Item.
5@1 Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured
as provided under "Measurement' will be paid for at the unit price bid as follows:
506=001 L
5elele Installation. Installation will be paid for as "Rock Filter Dams (Install)" of the type specified. This price is full
compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal,
labor, materials, tools, and incidentals.
591028 Removal. Removal will be paid for as "Rock Filter Dams (Remove)." This price is full compensation for
furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals.
When the Owner directs that the rock filter dam installation or portions thereof be replaced, payment will be
made at the unit price bid for "Rock Filter Dams (Remove)" and for "Rock Filter Dams (Install)" of the type
specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading,
lacing, proper disposal, labor, materials, tools, and incidentals.
5828 Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement' will be paid for at the unit price bid for "Temporary Pipe
Slope Drains" of the size specified. This price is full compensation for furnishing materials, removal and
disposal, furnishing and operating equipment, labor, tools, and incidentals.
Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item.
When the Owner directs that the pipe slope drain installation or portions thereof be replaced, payment will be
made at the unit price bid for "Temporary Pipe Slope Drains" of the size specified, which is full compensation
for the removal and reinstallation of the pipe drain.
Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be
measured and paid for under "Earthwork for Erosion and Sediment Control."
Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be
measured and paid for in accordance with Item 432, `Riprap."
/'�5.3. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and
measured as provided under "Measurement' will be paid for at the unit price bid for "Temporary Paved Flume
(install) 13 or "Temporary Paved Flume (Remove)." This price is full compensation for furnishing and placing
materials, removal and disposal, equipment, labor, tools, and incidentals.
Gib
When the Owner directs that the paved flume installation or portions thereof be replaced, payment will be
made at the unit prices bid for "Temporary Paved Flume (Remove)" and "Temporary Paved Flume (Install)."
These prices are full compensation for the removal and replacement of the paved flume and for equipment,
labor, tools, and incidentals.
Earthwork required for the paved flume installation, including construction of a sediment trap, will be
measured and paid for under "Earthwork for Erosion and Sediment Control."
594. Construction Exults, Contractor -required construction exits from off right of way locations or on -right of way
PSLs will not be paid for directly but are subsidiary to pertinent Items.
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement" for construction exits needed on right of way access to work areas required by the Owner will
be paid for at the unit price bid for "Construction Exits (Install)" of the type specified or "Construction Exits
(Remove)." This price is full compensation for furnishing and placing materials, excavating, removal and
disposal, cleaning vehicles, labor, tools, and incidentals.
When the Owner directs that a construction exit or portion thereof be removed and replaced, payment will be
made at the unit prices bid for "Construction Exit (Remove)" and "Construction Exit (Install)" of the type
specified. These prices are full compensation for the removal and replacement of the construction exit and
for equipment, labor, tools, and incidentals.
9
506w001 L
11 . . . . . . . . ...
Construction of sediment traps used in conjunction with the construction exit will be measured and paid for
under "Earthwork for Erosion and Sediment Control."
5856 Earthwork for Erosion and Sediment Control.
5@581 @ Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in
accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price
bid for "Excavation (Erosion and Sediment Control, In Place)," "Embankment (Erosion and Sediment Control,
In Place)," "Excavation (Erosion and Sediment Control, In Vehicle)," "Embankment (Erosion and Sediment
Control, (In Vehicle)," or "Earthwork (Erosion and Sediment Control, In Vehicle)."
This price is full compensation for excavation and embankment including hauling, disposal of material not
used elsewhere on the project; embankments including furnishing material from approved sources and
construction of erosion -control features; and equipment, labor, tools, and incidentals.
Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item.
585829 Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control
Measures. The work performed and materials furnished in accordance with this Item and measured as
provided under "Measurement' will be paid under a Contractor Force Account Item from invoice provided to
the Owner.
This price is full compensation for excavation, embankment, and re -grading including removal of
accumulated sediment in various erosion control installations as directed, hauling, and disposal of material
not used elsewhere on the project; excavation for construction of erosion -control features; embankments
including furnishing material from approved sources and construction of erosion -control features; and
equipment, labor, tools, and incidentals.
Earthwork needed to remove and obliterate erosion -control features will not be paid for directly but is
subsidiary to pertinent Items'unless otherwise shown on the plans.
Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item.
5669 Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item
and measured as provided under "Measurement' will be paid for at the unit price bid for "Construction
Perimeter Fence." This price is full compensation for furnishing and placing the fence; digging, fence posts,
wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals.
Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation
Item. When the Owner directs that the perimeter fence installation or portions thereof be removed and
replaced, payment will be made at the unit price bid for "Construction Perimeter Fence," which is full
compensation for the removal and reinstallation of the construction perimeter fence.
57, Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for "Sandbags for Erosion
Control" (of the height specified when measurement is by the foot). This price is full compensation for
materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals.
Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Owner
directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price
bid for "Sandbags for Erosion Control," which is full compensation for the reinstallation of the sandbags.
5088 Temporary Sediment -Control Fence. The work performed and materials furnished in accordance with this
Item and measured as provided under "Measurement' will be paid for at the unit price bid as follows:
10
506mO01 L
5@861 @ Installation. Installation will be paid for as "Temporary Sediment -Control Fence (Install)." This price is full
compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal,
labor, materials, tools, and incidentals.
508920 Removal. Removal will be paid for as "Temporary Sediment -Control Fence (Remove)." This price is full
compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and
incidentals.
5o9s Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this
Item and measured as provided under "Measurement' will be paid for at the unit price bid as follows:
5@9@1 @ Installation. Installation will be paid for as `Biodegradable Erosion Control Logs (Install)" of the size
specified. This price is full compensation for furnishing and operating equipment finish backfill and grading,
staking, proper disposal, labor, materials, tools, and incidentals.
589829 Removal. Removal will be paid for as "Biodegradable Erosion Control Logs (Remove)." This price is full
compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and
incidentals.
510a Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to
this Item.
Q mr. . . . . . . . . . . . . . . . 7_1 7
G��
00200 BID BOND
ka
1 6J\`- 0J
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That J. D. Abrams, LP of the City of Austin County
of Travis State of Texas as Principal, and
Continental Insurance Company authorized under the laws of the State of Texas to act as surety Travelers Casualty and Surety Company America y on
bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"),
in the penal sum of Five Percent (5%) of the total amount of the Bid of the Principal submitted to the Owner,
for the Work described below; for the payment whereof, well and truly to be made, and the said Principal
and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,
jointly and severally, as follows:
In no case shall the liability of the Surety hereunder exceed the sum of
five percent of the greatest amount bid Dollars (S 5%
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas, the Principal has submitted
the above -referenced Bid to the Owner, for construction of the Work under the "Specifications for
Construction of KENNEY FORT BLVD. - SEGMENTS 2 & 3
From Forest Creek Dr. to SH 45
for which Bids are to be opened at the office of Owner on the 27th day of
July , 20 21 .
NOW, THEREFORE, if the Principal is awarded the Contract, and within the time and manner required
under the "Instructions to Bidders," after the prescribed forms are presented to her/him for signature, enters
into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the
Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect.
If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the
Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required
by the Bid Documents, Surety within five (5) business days after receipt of a written demand from Owner
shall pay to Owner the full penal sum of this Bid Bond, subject to the limitation described herein.
In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety
shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by
the Court.
IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the
27th day of the month of July 20 21
Continental Insurance Company and
J. D. Abrams, LP Travelers Casualty and Surety Company of America
Principal Surety
.Martin P du k
Printed Na
By:
Title - e Aresident
Address: 5811 Trade Center Blvd, Bldg 1
Austin, TX 78744
Barbara Sham rd
Printed
By:
Title: A torne -In-Fact
Address: 3500 E Palm Valley Blvd, Ste 3
Round Rock. TX 78665
00200 4-2020
00443638
Page 1 Bid Bond
Resident AAryt.Qf Surety:
Signature
Barbara A. *amard
Printed Nam
3500 E Palm Valley Blvd, Ste 3
Street Address
Round Rock, TX 78665
City, State, Zip
Page 2
00200 4-2020 Bid Bond
00443638
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Peter Pincoffs, John S Burns Jr, Chris Brandt, Barbara A. Shamard, Individually
of Austin, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 5th day of June, 2020.
•'*r The Continental Insurance Company
'. ;A'
�,1. U� p'•.
9
Z tooage
Gy;
• r
••*�'"�•'''•*w• Paul T. Bruflat • ice President
State of South Dakota, County of Minnehaha, ss:
On this 5th day of June, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
ISJ. MOHR
NOTARY PUBM
SOUTH DAKOTA .r L
I MARIAP0014ftbo
My Commission Expires June 23, 2021 J. Mohr Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth ' still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the r:417cay
eof is All in f rce. In testimon'&h�of I have hereunto subscribed my name and affixed the seal of the said insurance
company this of p Y
A The Continental Insurance Company
,�' •
a
•
• n•
Z , va d;
V �.. '.
• "�" ,4:
•
• t
D. Johnson Assistant Secretary
Form F6850-4/2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent, Wortharn Insurance at:
512-453-0031
You may call CNA Surety Company's toll -free telephone number for information or to
make a complaint at:
1 -800-331 -6053
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write to the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714M9104
Fax# 512-475-1 771
PREMIUM AND CLAIMS DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the agent first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and
does not become part or condition of the attached document.
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS i St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS- That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constitute and appoint Barbara A. Shamard, of Austin, Texas, their true and lawful
Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in
the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
r �n
113 t
COW o LC4�
State of Connecticut
City of Hartford ss.
--lef �'r-''
Robert L. Raney, Senor Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. 0017M;\�,
My Commission expires the 30th day of June, 2021 Marie C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full force and effect, reading as follows. -
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers- President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Comp nies, which remains in full force and effect.
Dated this 0110M day of 20
gysrw.r� .
f� SLgrrr �Ay(Y aryC � si .
f b .
HA CRD� MAATFoRG,
CLw*4. CONN. o f
Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1 -800-421 -3880.
Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached.
w
TRAVELERS )
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty and SuretyCompany of America , for information or
to make a complaint at:
Travelers Bond
Attn: Claims
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
ID FARM
BID FORM
PROJECT NAME: K-ENNEY FORT BLVD. - SEGMENTS 2 & 3
PROJECT LOCATION: Round Rock, Texas
OWNER0
: City of Round Rock, Texas
DATE: July 27, 2021
Gentlemen.
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 Bid Documents, and as shown on the plans for the construction of
KENNEY FORT BLVD. - SEGMENTS 2 & 3
and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within
the time stated, for the following prices, to wit:
Any addenda issued will be posted with the Project Manual and/or Contract Documents on the
City's website at roundrocktexas.aov/soli*c*itations by the close of business on
. Prior to submitting a bid, the bidder is responsible for determining i*f any
Is addenda have been issued and for following any instructions in any addenda issued.
Bidder acknowledges receipt 0�flli the following Addenda by listing Addendum "number" and "date".
Addendum- 1 July 1-2,_ 2021
Addendum 2 July 23, 2021
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t-
Unit
Is
and Written Unit Price
Unit Price Amount
1
128
STA
100 6002 PREPARING ROW
complete in place per
STA
for Ten Thousand Five Hundred
dollars
and Zero
cents.
$ 105500,000 $ 193445000,000
2
7
SY
104 6011 REMOVING CONC
(MEDIANS)
complete in place per
SY
for Fifty
dollars
and Zero
cents.
$ 50.00 $ 350.00
3
3124
SY
104 6015 REMOVING CONC
(SIDEWALKS)
complete i*n place per
SY
for Fifteen
dollars
and Zero
cents.
$ 15*00 $ 469860.00
4
85
SY
104 6017 REMOVING CONC
(DRIVEWAYS)
00300-9-2015 Page 1 of 38 Bid Form
Bid
Item
Approx.
Quantl'*t
Unit
BASE BID
Item Description
and Written Unit Price
complete i*n place per
Unit Price
SY
Amount
for Twenty Five
dollars
and Zero
cents.
$
25.00
$
29125-900
5 5976
LF 104 6022 REMOVING CONC
(CURB AND GUTTER)
complete in place per
LF
for Eight
dollars
and Zero
cents.
$
8.00
$
479808*00
6 58010
CY 110 6001 EXCAVATION
(ROADWAY)
complete in place per
CY
for Five
dollars
and Zero
cents.
$
5.00
$
2909050.00
7 47598
CY 132 6003 EMBANKMENT
(FINAL)(ORD COMP)(TY B)
complete in place per
CY
for Eight
dollars
and Zero
cents.
$
8000
$
3809784-000
8 76698
CY 247 6366 FL BS (CMP IN
PLC)(TY A GR 5)(FNAL POS)
complete in place per
CY
for Zero
dollars
and One
cents..
$
0*01
$
766.98
9 2553
TON 260 6002 LIME (HYDRATED
LIME (SLURRY))
complete i*n place per
TON
for One Hundred Fifty
dollars
and Zero
cents.
$
150.00
$
3829950000
00300-9-2015 Page 2 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl'*t
Unit
and Written Unit Price
Unit Price
Amount
10
94630
SY
260 6084 LIME TRT
(SUBGRADE)(12")
complete in place per
SY
for Four
dollars
and Zero
cents.
$ 4,900
$ 3789520,000
lie
18928
GAL
310 6001 PRIME COAT (MULTI
OPTION)
complete in place per
GAL
for Four
dollars
and Zero
cents.
$ 4,900
$ 759712*00
12
67
TON
347 6001 TOM (ASPHALT) PG
76-22
ID
complete in place per
TON
for One Hundred-__-Thi*rty Five
dollars
and Zero
cents.
$ 135,900
$ 99045000
13
995
TON
347 6006 TOM - C
(AGGREGATE) SAC - B
complete in place per
TON,
for One Hundred Thirty Five
dollars
and Zero
cents.
$ 135*00
$ 1349325eOO
14
20
SY
3516011 FLEXIBLE
PAVEMENT STRUCTURE
REPAIR(18 it )
complete i*n place per
SY
for Four Hundred Twenty Five
dollars
and Zero
cents.
$ 425.00
$ 89500*00
15
26078
SY
354 6021 PLANE ASPH CONC
PAV(O it TO 2")
complete in place per
SY
for Three
dollars
and Sixty Five
cents.
$ 3.65
$ 959184.70
00300-9-2015 Page 3 of 38 Bid Form
Bid
Approx.
Item
Quantl*t Unit
16
120 SY
BASE BID
Item Description
and Written Unit Price
400 6006 CUT & RESTORING
PAV
complete in place per
for Seventy Five dollars
and Zero cents. $
16A 890 SF 403 6001 TEMPORARY SPL
SHORING
complete i*n place per
for Forty Five dollars
and Zero cents. $
Unit Price
SY
SF
Amount
75.00 $ 99000,600
45.00
$ 409050.00
17 11497 SF 423 6001 RETAINING WALL
(MSE)
complete in place per
SF,
for Fifty Seven
dollars
and Zero
cents. $ 57,900
$
6555329.00
180 37 CY 432 6045 RIPRAP (MOW
STRIP)(4 IN)
complete in place per
CY
for Five Hundred Twenty Five
dollars
and Zero
cents. $ 525.00
$
199425oOO
19 1489 LF 450 6030 RAIL (TY C221)
complete in place per
LF
for Ninety Five
dollars
and Zero
cents. $ 95.00
$
1419455*00
19A 89 LF 450 6036 RAIL (TY C41 1)
complete i*n place per
LF
for Two Hundred Forty Five
dollars
and Zero
cents. $ 245900
$
219805900
00300-9-2015 Page 4 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl'*t
Unit
and Written Unit Price
Uni*t---Pri*ce
Amount
20,
46
LF
450 6052 RAIL (HANDRAIL)(TY
F)
complete i*n place per
LF
for One Hundred Seventy Five
dollars
and Zero
cents.
$ 175.00
$ 89050900
21,
7247
LF
496 6043 REMOV STR (SMALL
FENCE)
complete in place per
LF
for Five
dollars
and Zero
cents.
$ 5.00
$ 369235.00
22,
564
LF
496 6099 REMOVE STR (RAIL)
complete in place per
LF
for Eight
dollars
and Zero
cents.
$ 8.00
$ 49512,000
23,
15
MO
502 6001 BARRICADES, SIGNS
AND TRAFFIC HANDLING
complete i*n place per
MO
for Ten Thousand
dollars
and Zero
cents.
$ 109000,900
$ 1509000*00
24.
2900
LF
512 6009 PORT CTB (FUR &
INST)(LOW PROF)(TY 1)
complete in place per
LF
for Fifty Five
dollars
and Zero
cents.
$ 55-000
$ 1599500.00
25D
80
LF
512 6010 PORT CTB (FUR &
INST)(LOW PROF)(TY 2)
complete in place per
LF
for Sixty Five
dollars
and Zero
cents.
$ 65.00
$ 59200,000
00300-9-2015 Page 5 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantl*t Unit and Written Unit Price
26 2900 LF 512 6057 PORT CTB
(REMOVE)(LOW PROF)(TY 1)
complete in place per
Unit Price
LF
Amount
for Seven
dollars
and Zero
cents.
$
7.00
$
209300000
27
80 LF 512 6058 PORT CTB
(REMOVE)(LOW PROF)(TY 2)
complete i*n place per
LF
for Eight
dollars
and Zero ---
cents.
$
8*00
$
640.00
28
1156 SY 528 6008 COLORED
TEXTURED CONC (5")
complete in place per
SY
for Eighty Five
dollars
and Zero
cents.
$
85.00
$
989260,900
29
39294 LF. 529 6008 CONC CURB &
GUTTER (TY II)
10
complete in place per
LF
for Eighteen
dollars
and Zero
cents.
$
18.00
$
7079292*00
30.
46 LF 529 6018 CONC CURB (TY F3)
10
complete in place per
LF
for One Hundred Seventy Five
dollars
and Zero
cents.
$
175 *00
$
89O5OeOO
31,
806 SY 530 6004 DRIVEWAYS (GONG)
complete in place per
SY
for Sixty Eight
dollars
and Zero
cents.
$
68.00
$
549808.00
00300-9-2015 Page 6 of 38 Bid Form
Bid
Item
32
Approx.
Quantlet Unit
16720 SY
BASE BID
Item Description
and Written Unit Price
5316002 CONC SIDEWALKS
(5 11)
complete in place per
for Fifty Four dollars
and Zero cents. $
Unit Price
SY
54.00
Amount
$ 9029880000
33
20 EA 5316004 CURB RAMPS (TY 1)
complete in place per
EA
for One Thousand Five Hundred Fifty
dollars
and Zero ----
cents.
$ 1,550.00 $
31,000.00
34
4 EA 5316015 CURB RAMPS (TY 20)
complete in place per
EA
for Two Thousand
dollars
and Zero
cents.
$ 2,000'000 $
85000,000
35
1010 LF 550 6001 CHAIN LINK FENCE
(INSTALL) (6')
complete in place per
LF
for Thirty Five
dollars
and Two
cents.
$ 35.002 $
355370.020
36
1010 LF 550 6003 CHAIN LINK FENCE
(REMOVE)
complete i*n place per
LF
for Four
dollars
and Twelve
cents.
$ 4,012 $
49161 *20
37
1010 LF 552 6004 WIRE FENCE (TY D)
complete i*n place per
LF
for Fourteen
dollars
and Forty Two
cents.
$ 14,042 $
149564,920
00300-9-2015 Page 7 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantit Unit- and Written Unit Price
38 100 LF 556 6006 PIPE UNDERDRAINS
(TY 6) (6")
Unit Price
complete in place per LF
for Twenty Seven dollars
Amount
and Ninety Six cents. $ 27,996 $ 29796oOO
39, 388*5 SF 636 6009 REPLACE EXISTING
ALUMINUM SIGNS(TY O)
complete i*n place per SF
for Forty Five dollars
and Thirty Two cents. $ 45.32 $ 179606.82
40, 44 EA 644 6001 IN SM RD SN
SUP&AM TY I OBWG(I)SA(P)
complete in place per EA
for Five Hundred Forty Five dollars
and Ninety cents. $ 545.90 $ 249019*60
41 6 EA 644 6004 IN SM RD SN
SUP&AM TY I OBWG(I)SA(T)
complete i*n place per EA
for Six Hundred Thirty Eight dollars
and Sixty cents. $ 638.60 $ 39831,960
42 4 EA 644 6007 IN SM RD SN
SUP&AM TYIOBWG(I)SA(u)
complete in place per EA
for Seven Hundred Thirty One dollars
and Thirty cents. $ 731.30 $ 29925,020
43 6 EA 644 6030 IN SM RD SN
SUP&AM TYS80(1)SA(T)
complete in place per EA
for Six Hundred Ninety dollars
and Ten cents. $ 690*10 $ 49140*60
00300-9-2015 Page 8 of 38 Bid Form
Bid
Item
44
BASE BID
Approx.
Quantl*t Unit
Unit Price
3 EA 644 6033 IN SM RD SN
SUP&AM TYS80(1)SA(U)
complete in place per EA
Item Description
and Written Unit Price
for Eight Hundred Twenty Four dollars
and Zero
45 2 EA 644 6068 RELOCATE SM RD SN
SUP&AM TY I OBWG
Amount
cents. $ 824.00 $ 29472.00
complete in place per EA
for Four Hundred Thirty Two dollars
and Sixty cents. $ 432.60 $ 865.20
46 8 EA 644 6076 REMOVE SM RD SN
SUP&AM
complete in place per EA
for Eighty dollars
and Thirty Four I cents. $ 80*34 $ 642.72
47 15 EA 658 6094 INSTL DEL ASSM (D-
I WFLX)SRF
complete i*n place per EA
for Seventy Seven dollars
and Twenty Five cents. $ 77,025 $ 19158.75
48 1762 LF 662 6001 WK ZN PAV MRK
NON-REMOV (W)41'(BRK)
complete in place per LF
for Zero dollars
and Sixty Two cents. $ 0.62 $ 19092044
49 1784 LF 662 6004 WK ZN PAV MRK
NON-REMOV (W)4"(SLD)
complete i*n place per LF
for Zero dollars
and Sixty Two cents,, $ 0.62 $ 1,106.08
00300-9-2015 Page 9 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit
and Written Unit Price
Unit Price Amount
50
6066
LF
662 6032 WK ZN PAV MRK
NON-REMOV (Y)4"(BRK)
complete i*n place per
LF
for Zero
dollars
and Eighty
cents.
$ 0980 $ 49852,080
51
52
LF
662 6051 WK ZN PAV MRK
REMOV (REFL) TY II -A -A
complete in place per
LF
for Two
dollars
and Six
cents.
$ 2006 $ 10.7*__12
52
20
EA
662 6052 WK ZN PAV MRK
REMOV (REFL) TY II-C-R
complete in place per
EA
for Ten
dollars
and Thirty
cents.
$ 10.30 $ 206*00
53
3668
LF
662 6060 WK ZN PAV MRK
REMOV 1)4 (BRK)
complete in place per
LF
for Zero
dollars
and Sixty Two
cents.
$ 0.62 $ 29274,016
54
6942
LF
662 6063 WK ZN PAV MRK
REMOV (W)4"(SLD)
complete in place per
LF
for Zero dollars
and Seventy Seven cents.
0.77 $ 59345.34
55 7838 LF 662 6095 WK ZN PAV MRK
REMOV (Y)4 it (SLD)
complete i*n place per LF
for Zero dollars
and Seventy Seven- cents. $ 0.7711111111111111111111111111111 $ 69035.026
00300-9-2015 Page 10 of 38 Bid Form
Bid
Item
56
Approx.
Quanti"t
Unit
BASE BID
Item Description
and Written Unit Price
Unit Price
202 LF 666 6029 REFL PAV MRK TY I
(W)8 it (DOT)(090MIL)
complete i*n place per LF
for Five
and Ten
dollars
cents. $
571 528 LF 666 6035 REFL PAV MRK TY I
(W)8"(SLD)(090MIL)
complete in place per LF
for Five dollars
and Ten cents. $
58 843
59, 777
LF 666 6041 REFL PAV MRK TY I
(W)12"(SLD)(090MIL)
complete in place per LF
for Five
and Ten
LF 666 6047 REFL PAV MRK TY I
(W)24"(SLD)(090MIL)
complete in place per
5.10 $
5.10 $
dollars
cents. $ 5.10 $
for Seven dollars
and Eighty Three cents.
60. 48 EA 666 6053 REFL PAV MRK TY I
(W)(ARROW)(090MIL)
complete in place per
for One Hundred Fifty Four dollars
and Fifty cents.
61 1 EA 666 6056 REFL PAV MRK TY
I(W)(DBL ARROW)(090MIL)
complete in place per
for Three Hundred Nine dollars
and Zero cents.
LF
7.83 $
EA
Amount
19030,020
2569208O
49299.30
65083.91
$ 154o5O $ 79416.00
EA
$ 309.00 $
309.00
00300-9-2015 Page I I of 38 Bid Form
Bid
Item
62
63
64
Approx.
Quantl*t Unit
48 EA
528
843
BASE BID
Item Description
and Written Unit Price
Unit Price
Amount
666 6077 REFL PAV MRK TY I
(W)(WORD)(090MIL)
complete in place per EA
for One Hundred Fifty Four dollars
and Fifty cents. $ 154.50 $ 79416.00
LF 666 6137 REFL PAV MRK TY I
(Y)8 it (SLD)(090MIL)
complete i*n place per
for One dollars
and Seventy Five cents.
LF 666 6140 REFL PAV MRK TY I
(Y) 1 -2 it (SLD)( 090MIL)
complete in place per
for Five
and Ten
LF
1.75 $
LF
dollars
cents. $ 5.10 $
65 62 LF 666 6152 REFL PAV MRK TY I
(Y)(ISLAND)(090MIL)
complete in place per LF
for Five dollars
and Ten cents. $ 5.10 $
66 9643
67 9057
LF 666 6167 REFL PAV MRK TY II
(W) 4if (BRK,)
complete in place per LF
for Zero
and Twelve
LF 666 6168 REFL PAV MRK TY II
(W) 411 (DOT)
complete i*n place per
for Zero
and Ten
dollars
cents.
0.12 $
LF
dollars
cents,, $ 0,010 $
924*00
49299*30
316.20
19157.16
905.70
00300-9-2015 Page 12 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit
and Written Unit Price
Unit Price
Amount
68
3524
LF
666 6170 REFL PAV MRK TY II
(W) 411 (SLD)
complete in place per
LF
for Zero
dollars
and Twelve
cents.
$ 0,012
$ 4,22.00
69
4687
LF
666 6207 REFL PAV MRK TY II
(Y) 4" (SLD)
complete in place per
LF
for Zero
dollars
and Twelve
cents.
$ Oo 12
$ 562*44
70
3154
EA
672 6007 REFL PAV MRKR TY I-
C
complete i*n place per
EA
for Two
dollars
and Six
cents.
$ 2.06
$ 69497,024
71
391
EA
672 6009 REFL PAV MRKR TY
II -A -A
complete i*n place per
EA
for Three
dollars
and Nine
cents.
$ 3.09
$ 19208*19
72
745
EA
672 6010 REFL PAV MRKR TY
II-C-R
complete in place per
EA
for Three
dollars
and Sixty One
cents.
$ 3.61
$ 29689,045
73
7284
LF
677 6001 ELIM EXT PAV MRK
& MRKS (4 ")
complete in place per
LF,
for Zero
dollars
and Fifty Seven
cents,,
$ 0.57
$ 45151,988
9
00300-9-2015 Page 13 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit and Written Unit Price Unit Price Amount
74
1749
LF 677 6003 ELIM EXT PAV MRK
& MRKS (8 ")
complete i*n place per LF
for One dollars
and Thirteen cents. $ 1,013 $ 19976937
75
24
LF 677 6005 ELIM EXT PAV MRK
& MRKS (12")
complete in place per LF
for Eleven dollars
and Eighty Five cents. $ 11.85 $ 284.40
76
6
EA 677 6008 ELIM EXT PAV MRK
& MRKS (ARROW)
complete in place per EA
for One Hundred Eighteen dollars
and Forty Five cents. $ 118,045 $ 710.70
77 7 EA 677 6012 ELIM EXT PAV MRK
& MRKS (WORD)
complete i*n place per EA
for One Hundred Eighteen dollars
and Forty Five cents. $ 118,045 $ 829.15
78 1 EA 677 6036 ELIM EXT PAV MRK
& MRKS (UTURN ARROW)
complete in place per EA
for One Hundred Twenty Three dollars
and Sixty cents. $ 123.60 $ 123.60
79 6437 SF 740 6005 ANTI - GRAFFITI
COATNG(PERMNE—N-T-TY III)
complete i*n place per SF
for One dollars
and Zero cents. $ 1,600 $ 69437*00
00300-9-2015 Page 14 of 38 Bid Form
Bid
Item
80
Approx.
Quantl*t
Unit
29474 TON
BASE BID
Item Description
and Written Unit Price
3076 6001 D-GR HMA TY-B
PG64-22
complete i*n place per
for Seventy Three dollars
and Zero cents.
81 10708 TON 3076 6048 D-GR HMA TY-D
PG76-22
complete in place per
for Ninety Seven dollars
and Zero cents.
82 13664 GAL 3076 6066 TACK COAT
complete i*n place per
for Four dollars
and Zero cents,,
83, 5217 GAL 3085 6001 UNDERSEAL
COURSE
complete in place per
for Four dollars
and Zero cents.
84, 30484 SF 4185 6001 COMPOSITE SOUND
WALL
complete in place per
Unit Price
TON
TON
GAL
GAL
for Seventy dollars
and Zero cents. $
SF
85. 94630 SY 5001 6002 GEOGRID BASE
REINFORCEMENT (TY II)
complete in place per SY
Amount
73.00 $ 291519602.00
97.00 $ 19038,676.00
4*00 $ 549656*00
4.00 $
209868oOO
70900 $ 251335880.00
for One dollars
and Sixty cents,, $ 1*60
00300-9-2015 Page 15 of 38
$ 151,408.00
Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit
and Written Unit Price
Unit Price
Amount
86
997
LF
5018 6001 AESTHETIC FENCE
complete i*n place per
LF
for One Hundred Sixty
dollars
and Zero
cents.
$ 160.00
$ 1599520.00
87
1
EA
6185 6001 TNIA (STATIONARY)
10
complete in place per
EA
for Thirty Five Thousand
dollars
and Zero
cents.
$ 359000,000
$ 359000-000
88
8722
LF
402 6001 TRENCH
EXCAVATION PROTECTION
complete in place per
LF
for Three
dollars
and Zero
cents.
$ 3*00
$ 269166.00
89
28
CY
432 6001 RIPRAP (CONC)(4 IN)
complete in place per
CY
for Four Hundred Sixty Five
dollars
and Zero
cents.
$ 465.00
$ 139020000
90
36
CY
432 6031 RIPRAP (STONE
PROTECTION)(12 IN)
complete in place per
CY
for One Hundred Fifty Five
dollars
and Zero
cents.
$ 155*00
$ 59580-900
91
60
CY
432 6032 RIPRAP (STONE
PROTECTION)(15 IN)
complete in place per
CY
for One Hundred Fifty
dollars
and Zero
cents.
$ 150*00
$ 99000,000
00300-9-2015 Page 16 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantiti
nt
and Written Unit Price
Unit Price Amount
92
192
CY
432 6035 RIPRAP (STONE
PROTECTION)(24 IN)
complete in place per
CY
for One Hundred Forty
dollars
and Zero
cents.
$ 140,000 $ 26,880.00
93
1149
CY
432 6036 RIPRAP (STONE
PROTECTION)(30 IN)
complete i*n place per
CY
for One Hundred Thirty Five
dollars
and Zero
cents.
$ 135.00 $ 1559115.00
94
690
LF
450 6103 RAIL (TY PRI l)
complete in place per
LF
for One Hundred Fifteen
dollars
and Zero
cents.
$ 115.00 $ 799350.00
95
139
LF
462 6001 CONC BOX CULV (3
FT X 2 FT)
complete in place per
LF
for Two Hundred Fifty
dollars
and Zero
cents.
$ 250.00 $ 349750.00
96
161
LF
462 6004 CONC BOX CULV (4
FT X 3 FT)
complete in place per
LF
for Three Hundred Ten
dollars
and Zero
cents.
$ 310900M $ 499910.00
97
124
LF
462 6009 CONC BOX CULV (5
FT X 5 FT)
complete i*n place per
LF
for Four Hundred
dollars
and Zero
cents,.
$ 400.00 $ 499600*00
00300-9-2015 Page 17 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantl'*t Unit and Written Unit Price Unit Price
98 98 LF 462 6010 CONC BOX CULV (6
FT X 3 FT)
complete in place per LF
for Four Hundred Forty dollars
and Zero cents. $ 440,000
99 160 LF 462 6014 CONC BOX CULV (7
FT X 3 FT)
complete in place per
for Five Hundred dollars
and Zero cents.
100 493 LF 462 6040 CONC BOX CULV (12
FT X 4 FT)
complete in place per
for One Thousand One Hundred dollars
and Zero cents.
101 2584 LF 462 6020 CONC BOX CULV (8
FT X 5 FT)
LF
LF
Amount
$ 439120.00
500.00 $
80,000,000
$ 100.00 $ 5429300.00
complete in place per LF
for Six Hundred Seventy Five dollars
and Zero cents. $ 675.00
102 350 LF 462 6068 CONC BOX CULV (9
FT.&C- 5 FT)(E.2,(TEND)
complete in place per
for One Thousand One Hundred dollars
and Zero cents.
103 3368 LF 464 6003 RC PIPE (CL III)(18 IN)
complete in place per
for Sixty Five dollars
and Zero cents., $
LF
LF
$ 19744,200000
19100,000 $
65.00 $
3859000,000
2185920.00
00300-9-2015 Page 18 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quanti"t
Unit
and Written Unit Price
Unit Price
Amount
104
4424
LF
464 6005 RC PIPE (CL III)(24 IN)
complete i"n place per
LF
for Seventy
dollars
and Zero
cents.
$ 70.00
$ 3099680.00
105
955
LF
464 6007 RC PIPE (CL III)(30 IN)
complete in place per
LF
for Ninety
dollars
and Zero
cents.
$ 90,000
$ 859950.00
106
373
LF
464 6008 RC PIPE (CL III)(36 IN)
complete in place per
LF
for One Hundred Twenty Five
dollars
and Zero
cents.
$ 125.00
$ 469625,900
107
367
LF
464 6010 RC PIPE (CL III)(48 IN)
complete in place per
LF
for Two Hundred Ten
dollars
and Zero
cents.
$ 210,000
$ 779070.00
108
21
LF
464 6011 RC PIPE (CL III)(54 IN)
complete in place per
LF
for Seven Hundred Fifty
dollars
and Zero
cents.
$ 750oOO
$ 159750.00
109
1
EA
4656010
JCTBOX(COMPL)(PJB)(5FTX6F
T)
complete i"n place per
EA
for Seven Thousand
dollars
and Zero
cents.
$ 79000,000
$ 79000,000
00300-9-2015 Page 19 of 38 Bid Form
Bid
Item
110
III
112
113
114
115
Approx.
Quantit Unit
2 EA
6 EA
5 EA
61 EA
1 EA
1 EA
BASE BID
Item Description
and Written Unit Price
Unit Price Amount
4656011
JCTBOX(COMPL)(PJB)(6FTX6F
T)
complete i*n place per
EA
for Seven Thousand Five Hundred
dollars
and Zero
cents. $ 75500.00 $ 159000000
465 6014 INLET
(COMPL)(PCO)(3FT)(LEFT)
complete i*n place per
EA
for Four Thousand Three Hundred
dollars
and Zero
cents. $ 45300.00 $ 255800,900
465 6015 INLET
(COMPL)(PCO)(3FT)(RIGHT)
complete i*n place per
EA
for Four Thousand Three Hundred
dollars
and Zero
cents. $ 49300900 $ 219500.00
465 6016 INLET
(COMPL)(PCO)(3FT)(BOTH)
complete i*n place per
EA,
for Four Thousand Five Hundred
dollars
and Zero
cents. $ 45500.00 $ 2745500.00
465 6018 INLET
(COMPL)(PCO)(4FT)(LEFT)
complete in place per
EA
for Five Thousand
dollars
and Zero
cents. $ 55000,000 $ 5,000'000
465 6019 INLET
(COMPL)(PCO)(4FT)(RIGHT)
Is
complete in place per
EA
for Five Thousand
dollars
and Zero
cents,, $ 55000,000 $ 55000,000
00300-9-2015 Page 20 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantl*t Unit and Written Unit Price
1.16 6 EA 465 6020 INLET
(COMPL)(PCO)(4FT)(BOTH)
complete i*n place per
for Five Thousand Five Hundred
and Zero
117 7 EA 465 6002 MANH
(COMPL)(PRM)(481N)
complete in place per
for Two Thousand Five Hundred
and Zero
118 5 EA 465 6003 MANH
(COMPL)(PRM)(601N)
complete in place per
for Four Thousand Three Hundred
and Zero
119 3 EA 465 6004 MANH
- - (COMPL)(PRM)(721N)
complete in place per
for Five Thousand Four Hundred
and Zero
120 2 EA 465 6130 INLET
(COMPL)(PSL)(FG)(3FTX5FT-
3FTX5FT)
complete in place per
for Five Thousand Five Hundred
and Zero
121 3 EA 465 6149 INLET
(COMPL)(PAZD)(SL)(3FTX3FT)
complete i*n place per
for Three Thousand Two Hundred
and Zero
dollars
cents. $
dollars
cents. $
dollars
cents. $
dollars
cents. $
dollars
cents. $
dollars
cents. $
Unit Price
EA
EA
EA
EA
EA
EA
59500.00 $
Amount
339000,000
29500.00 $ 179500*00
4.9300,900 $ 219500*00
59400*00 $ 169200.00
5,500eOO $
119000*00
39200.00 $ 99600.00
00300-9-2015 Page 21 of 38 Bid Form
BASE BID
Bid
Approx. Item Description
Item
Quantl'*t Unit and Written Unit Price
Unit Price Amount
122
1 EA 4656160
1NLET(COMPL)(PAZD)(FG)(4F
TX4FT-4FTX4FT)
complete i*n place per
EA
for Five Thousand Four Hundred
dollars
and Zero
cents.
$ 59400*00 $ 59400.00
123
1 EA 4656162
1NLET(COMPL)(PAZD)(FG)(5F
TX5FT-4FTX4FT)
complete in place per
EA
for Six Thousand Nine Hundred
dollars
and Zero
cents.
$ 69900,900 $ 69900000
124
1 EA 465 6207 INLET
(COMPL)(CURB)(TY 1)(101)
complete in place per
EA
for Three Thousand Eight Hundred
dollars
and Zero
cents.
$ 39800.00 $ 39800.00
125
2 EA 465 6313 INLET
(COMPL)(CURB)(TY 1)(151X3 1)
complete i*n place per
EA
for Five Thousand Seven Hundred
dollars
and Zero
cents.
$ 59700.00 $ 119400.00
126
2 EA 466 6011 HEADWALL (CH - FW
- 0) (DIA= 48 IN)
complete in place per
EA
for Nine Thousand
dollars
and Zero
cents,,
$ 99000,000 $ 189000,900
127
1 EA 466 6012 HEADWALL (CH - FW
- 0) (DIA= 54 IN)
complete in place per
EA
for Nine Thousand Seven Hundred
dollars
and Zero
cents.
$ 99700.00 $ 9,700.00
00300-9-2015 Page 22 of 38 Bid Form
BASE BID
Bold
Approx.
Item Description
Item
Quanti"t
Unit and Written Unit Price Unit Price
128
1
EA 466 6181 WINGWALL (PW - 1)
(HW=6 FT)
complete in place per EA
for Thirty Three Thousand dollars
and Zero cents. $ 33,000,000
129
3
EA 466 6182 WINGWALL (PW - 1)
(HW=7 FT)
complete in place per EA
for Thirty Seven Thousand dollars
and Zero cents. $ 379000,000
130
1
EA 466 6183 WINGWALL (PW - 1)
(HW=8 FT)
Amount
$ 339000.00
$ 1119000000
complete in place per EA
for Forty Two Thousand dollars
and Zero cents. $ 425000DOO $
131 2 EA 466 6171 WINGWALL (PW - 1)
(HW= 10 FT)
10
complete in place per EA
for Sixty Thousand dollars
and Zero cents. $ 609000,000 $
132 2 EA 466 6184 WINGWALL (PW - 1)
(HW=9 FT)
complete in place per EA
for Fifty Seven Thousand dollars
and Zero cents. $ 579000,000 $
133 2 EA 466 6134 HEADWALL (CH - PW
- S) (DIA= 36 IN)
10
complete in place per
for Thirteen Thousand dollars
and Zero cents.
EA
$ 139000,000 $
425000,000
1205000000
1149000,000
269000*00
00300-9-2015 Page 23 of 38 Bid Form
BASE BID
Bid Approx.
Item Description
Item Quantl'ot
Unit and Written Unit Price
Unit Price Amount
134 1
EA 466 6172 WINGWALL (PW - 1)
(HW=1 I FT)
complete in place per
EA
for Sixty Two Thousand
dollars
and Zero
cents.
$ 629000.00 $ 629000,000
135 1
EA 467 6277 SET (TY I)(S= 8
FT)(HW= 5 FT)(6'*P 1) (C)
complete in place per
EA
for Twenty One Thousand
dollars
and Zero
cents.
$ 219000,000 $ 219000,000
136 4
EA 479 6006 ADJUSTING INLET
(CAP)
complete in place per
EA
for One Thousand Five Hundred
dollars
and Zero
cents.
$ 1,500.00 $ 69000,000
137 4
EA 496 6002 REMOV STR (INLET)
complete in place per
EA
for Eight Hundred
dollars
and Zero
cents.
$ 800.00 $ 39200,000
138 39
LF 416 6032 DRILL SHAFT (TRF
SIG POLE) (36 IN)
complete in place per
LF
for Two Hundred Eighty Eight
dollars
and Forty
cents.
$ 288040 $ 119247.60
139 220
LF 416 6034 DRILL SHAFT (TRF
SIG POLE) (48 IN)
complete in place per
LF
for Three Hundred Fifty
dollars
and Twenty
cents.
$ 350,020 $ 779044000
00300-9-2015 Page 24 of 38 Bid Form
Bid
Item
140
Approx.
Quantl*t
2075
Unl*t------
LF
BASE BID
Item Description
and Written Unit Price
618 6046 CONDT (PVC) (SCH
80)(2 it )
complete in place per
for Twelve dollars
and Thirty Six cents.
141 830 LF 618 6047 CONDT (PVC) (SCH
80) (2") (BORE)
complete i*n place per
for Twenty Six dollars
and Seventy Eight cents.
142 3880 LF 618 6053 CONDT (PVC) (SCH
80)(3 it )
complete in place per
for Twenty Three dollars
and Sixty Nine cents.
143 1765 LF 618 6054 CONDT (PVC) (SCH
ao) (3") (BORE)
complete i"n place per
for Thirty dollars
and Ninety cents.
144 120 LF 618 6058 CONDT (PVC) (SCH
80)(4 it )
complete in place per
for Twenty Seven dollars
and Eighty One cents.
145 7595 LF 620 6007 ELEC CONDR (NO.8)
BARE
complete in place per
for One dollars
and Twenty Four cents.
Unit Price
LF
$ 12.36 $
LF
$ 26978
LF
$ 23.69
LF
$ 30o9O
LF
LF
Amount
259647.00
225227,040
$ 919917.20
$ 545538*50
27.81 35337.20
$ 1.24 $ 99417.80
00300-9-2015 Page 25 of 38
Bid Form
Bid
Item
146
BASE BID
Approx.
Quanti"t Unit
10150 LF 620 6008 ELEC CONDR (NO.8)
INSULATED
complete in place per LF
Item Description
and Written Unit Price
Unit Price
Amount
for One
dollars
and Fifty Five
cents.
$
1,055
$
159732.50
147 520
LF 620 6009 ELEC CONDR (NO.6)
BARE
complete i*n place per
LF
for One
dollars
and Sl*xty.Fi*ve
cents.
$
1.65
$
858.00
148 1040
LF 620 6010 ELEC CONDR (NO.6)
INSULATED
complete in place per
LF
for Two
dollars
and Six
cents.
$
2,906
$
25142940
149 4475
LF 6216002 TRAY CABLE (3
CONDR) (12 AWG)
complete in place per
LF
for One
dollars
and.FI*ftyFi*ve-
cents.
$
1.55
$
6,936.25
150 20
EA 624 6010 GROUND BOX TY D
(162922)W/APRON
19
complete in place per
EA
for Forty Two
dollars
and Zero
cents.
$
19442,900
$
289840900
151 2
EA 628 6164 ELC SRV TY D
120/240 070(NS)AL(E)PS(U)
complete in place per
EA
for Eighty
dollars
and Zero
cents.
$
69180,900
$
129360*00
00300-9-2015
Page 26 of 38
Bid Form
Bid
Item
152
153
Approx.
Quantl'*t
3
Unit
EA
BASE BID
Item Description
and Written Unit Price
680 6002 INSTALL HWY TRF
SIG (ISOLATED)
complete in place per
Fifteen Thousand Four Hundred
for Twenty Seven dollars
and Thirty Four cents.
EA 680 6004 REMOVING TRAFFIC
SIGNALS
complete in place per
for Two Thousand Six Hundred One dollars
and Seventy Eight cents.
154 41 EA 682 6001 VEH SIG SEC
(12 ")LED(GI N)
complete iq*n place per
for Two Hundred dollars
and Eighty Five cents.
155 23 EA 682 6002 VEH SIG SEC
(1-2 JXL-JEEI) RV
complete in place per
for Two Hundred dollars
and Eighty Five cents.
156 41 EA 682 6003 VEH SIG SEC
(12 it )LED(YEL)
complete in place per
for Two Hundred
dollars
and Eighty Five cents.
157 25 EA 682 6004 VEH SIG SEC
(12--")LED(YEL ARW)
complete i*n place per
for Two Hundred dollars
and Eighty Five cents.
Unit Price
EA
$ 159427934
EA
Amount
$ 469282.02
$ 29601e78 $ 29601.78
EA
$ 200.85 $ 8,234.85
EA
$ 200.85 $ 45619.55
EA
$ 200.85 $ 89234.85
EA
$ 200.85 $ 59021025
00300-9-2015 Page 27 of 38 Bid Form
Bid
Item
158
Approx.
Quanti"t
41
Unit
EA
BASE BID
Item Description
and Written Unit Price
682 6005 VEH SIG SEC
(12")LED(RED)
complete in place per
for Two Hundred dollars
and Eighty Five cents.
159 15 EA 682 6006 VEH SIG SEC
(12")LED(RED ARW)
complete in place per
for Two Hundred
dollars
Unit Price
EA
Amount
$ 200.85 $ 89234.85
EA
and Eighty Five cents. $ 200.85 $ 39012e75
160 18 EA 682 6018 PED SIG SEC
(LED)(COUNTDO")
complete in place per EA
for Five Hundred Twenty Five dollars
and Thirty cents. $ 525*30 $ 99455*40
161 49 EA 682 6054 BACKPLATE W/ REFL
BRDR (3 SEC) (VENT) ALUM
complete i*n place per EA
for Seventy One dollars
and Seven
162 2 EA 682 6055 BACKPLATE W/ REFL
BRDR (4 SEC) (VENT) ALUM
cents. $
complete i*n place per EA
for Eighty Five dollars
71*07 $ 39482.43
and Forty Nine --- --- cents. $ 85-049 $ 170-.n-7o
163 8 EA 682 6056 BACKPLATE W/ REFL
BRDR (5 SEC) (VENT) ALUM
complete in place per
for One Hundred
dollars
and Ninety Four cents.
EA
$ 100.94 $ 807.52
00300-9-2015 Page 28 of 38 Bid Form
Bid
Item
164
Approx.
Quantl'ot
Unit
BASE BID
Item Description
and Written Unit Price
3856 LF 684 6031 TRF SIG CBL (TY
(14 G)(5 CO 1DR)
complete in place per
for One
dollars
Unit Price
LF
Amount
and Fifty Five
cents.
$ 1.55 $
59976.80
165 5233
LF 684 6033 TRF SIG CBL (TY
)(14 WG)(7 CONDR)'
complete i*n place per
LF
for One
dollars
and IIIINinety Six
cents.
$ 1.96 $
109256.68
166 3410
LF 684 6046 TRF SIG CBL (TY
A1)1 (14 AWG)(20 C 03 1 DIR)
complete in place per
LF
for Four
dollars
and Twelve
cents.
$ 4,012 $
149049,020
167 4325
LF 684 6080 TRF SIG CBL (TY
C)(14 AWG)(2 CONDR)
complete in place per
LF
for One
dollars
and Thirty Four
cents.
$ 1.34 $
59795o5O
168 1
EA 686 6048 INS TRF SIG PL
AM(S)1 ARM(44')LUM&ILSN
complete in place per
EA
Eleven Thousand Five Hundred
for Forty
dollars
and Twelve
cents.
$ 11,540.12 $
1-19541 0012
169 2
EA 686 6052 INS TRF SIG PL
AM(S)1 ARM(48')LUM&ILSN
complete in place per
EA
Eleven Thousand Eight Hundred
for Ninety Eight
dollars
and Fifty Six
cents.
19898*56 $
239797.12
00300-9-2015
Page 29 of 38
Bid Form
Bid
Item
170
171
Approx.
Quanti"t
4
1
Unit
EA
EA
BASE BID
Item Description
and Written Unit Price
686 6060 INS TRF SIG PL
AM(S)1 ARM(55')LUM&ILSN
complete in place per
Thirty One Thousand Four
for Hundred Forty Two dollars
and Eighty One cents.
686 6061 INS TRF SIG PL
AM(S)1 ARM(601)
40
complete in place per
Twenty Eight Thousand One
for Hundred Seventy One dollars
and Fifty Three
172 1 EA 686 6064 INS TRF SIG PL
Unit Price
EA
Amount
$ 31,442.81 $ 1259771,024
cents. $
AM(S)1 ARM(60')LUM&ILSN
complete in place per
Thirty Two Thousand One
for Hundred Thirty Seven dollars
and Three
173 4 EA 686 6068 INS TRF SIG PL
EA
289171.53 $ 289171.53
EA
cents. $ 329137*03
AM(S)1 ARM(65 I )LUM&ILSN
complete in place per
Thirty Two Thousand Eight
for Hundred Sixty Nine dollars
and Thirty Six
174 13 EA 687 6001 PED POLE
ASSEMBLY
EA
cents. $ 329869e36
complete in place per
Two Thousand Nine Hundred
for Eighty Seven dollars
and Zero
175 17 EA 688 6001 PED DETECT PUSH
BUTTON (APS)
complete in place per
cents. $
for Eight Hundred Ninety Six dollars
and Ten
cents. $
EA
EA
325137.03
$ 1319477,044
29987.00 $ 389831000
896* 10 $ 15,233*70
00300-9-2015 Page 30 of 38 Bid Form
BASE BID
Bid Approx.
Item Description
Item Quantl*t
Unit and Written Unit Price
Unit Price Amount
176 3
EA 688 6003 PED DETECTOR
CONTROLLER UNIT
complete i*n place per
EA
for Three Thousand Ninety
dollars
and Zero
cents.
$ 39090*00 $ 99270.00
177 4798
LF 6004 6031 ITS COM CBL
(ETHERNET)
complete in place per
LF
for Two
dollars
and Six
cents.
$ 2oO6 $ 99883.88
178 3
EA 6004 XXX I VANTAGE NEXT
PLATFORM (SHELF -MOUNT
CCU WITH SHIP KIT)
complete in place per
EA
Nine Thousand Three Hundred
for Forty Seven
dollars
and Twenty Five
cents.
$ 99347o25 $ 289041.75
179 9
EA 6004 XXX2 VANTAGE
VECTOR HYBRID
complete in place per
EA
for Thirty Two
dollars
and Zero
cents.
$ 45532*00 $ 409788.00
180 4
EA 6004 XXX3 VANTAGE NEXT
CAMERA
complete in place per
EA
One Thousand Eight Hundred
for Seven
dollars
and Sixty Five
cents.
$ 19807*65 $�75230.60
181 3
EA 6004 XXX4 VANTAGE NEXT
VIEWER AND SET UP TOOL
complete in place per
EA
for One Hundred Fifty Four
dollars
and Fifty
cents.
$ 154950 $ 463950
00300-9-2015 Page 31 of 38 Bid Form
Bid
Item
182
183
BASE BID
Approx. Item Description
Quantl*t Unit and Written Unit Price
2 EA 6004 XXX5 AXIS NETWORK
PTZ CAMERA
Unit Price
complete i*n place per EA
_
.A& iii '"w r Z iiV %owV%owiir* V/ iift/ ML �%0wiiW r►
for Twenty One dollars
Amount
and Ninety Three cents. $ 39121.93 $ 69243.86
2 EA 6004 XXX6 COMNET
ETHERNET SWITCH
complete in place per EA
One Thousand Five Hundred Fifty
for One
dollars
and Eighteen
cents.
$ 15551.18 $
35102.36
184 2 EA 6004 XXX7 PEGASUS TWIST
PORT RADIO 5GHZ 300MG
complete in place per
EA
One Thousand Seven Hundred
for Ninety Eight
dollars
and Thirty Eight
cents.
$ 19798*38 $
39596.76
185 2 EA 6004 XXX8 ANTENNA -
ULTRA DISH TP400 24-DBL
complete in place per
EA
for Three Hundred Thirty Four
dollars
and Seventy Five
cents.
$ 334.75 $
669e50
186 5 EA 6004 XXX9 OPTICOM
DETECTOR-GTT MODEL 711
(SINGLE)
complete in place per
r
EA
for Three
dollars
and Thirty
cents.
$ 15143.30 $
55716.50
187 4 EA 6004 XXX 10 OPTICOM
DETECTOR-GTT MODEL 722
(DUAL)
complete in place per
Wqw V IWAX
EA,
for Fifty One
dollars
and Zero
cents.
$ 1575 1.00 $
75004,000
00300-9-2015 Page 32 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantl'ot Unit and Written Unit Price Unit Price Amount
188 3 EA 6004 XXX I I OPTICOM PHASE
SELECTOR-GTT MODEL 764
complete in place per EA
Four Thousand Four Hundred
for Fifty Five dollars
and Seventy Eight cents. $ 4,455.78 $ 139367.34
189 3 EA 6004 XXX12 OPTICOM CARD
RACK- GTT MODEL 760
complete in place per
EA
for Five Hundred
dollars
and Fifty Eight
cents.
$
500*58
$
19501.74
190 2828 LF 6004 XXX 13 OPTICOM CABLEM
GTT MODEL 138
complete in place per
LF
for Four
dollars
and Twelve
cents.
$
4.12
$
119651-936
191 10 EA 6004 XXX14 ILSN (LED) (8S)
complete in place per
EA
for Seventy Two
dollars
and Zero
cents.
$
29472.00
$
24,720.00
192 348 LF 416 6002 DRILL SHAFT (24 IN)
complete in place per
LF
for One Hundred Seventy Two
dollars
and One
cents.
$
172,001
$
599859.48
193 2 EA 610 6004 RELOCATE RD IL
ASM (TRANS -BASE)
complete in place per
EA
for Five Hundred Forty
dollars
and Seventy Five
cents.
$
540075
$
1,081.50
00300-9-2015 Page 33 of 38 Bid Form
BASE BID
Bid Approx. Item Description
Item Quantl'*t Unit----- and--Wrl*tten Unit Price
194 11281 LF 618 6023 CONDT (PVC) (SCH
40)(2 it )
195
196
197
198
199
Unit Price
complete i*n place per LF
for Eight dollars
Amount
and Twenty Four cents. $ 8,024 $ 929955.44
949 LF 618 6024 CONDT (PVC) (SCH
40) (2") (BORE)
complete in place per LF
14
38655*5
for Thirty Two dollars
and Ninety Six
cents.
$ 32.96 $ 319279004
EA 624 6002 GROUND BOX TY A
(12231 I)
complete in place per
EA
for One Thousand Four---
dollars
and Twenty Five
cents.
$ 19004,025 $ 149059050
SY 160 6003 FURNISHING AND
PLACING TOPSOIL (4")
complete in place per
SY
for Zero
dollars
and Ninety Seven
cents.
$ 009711111111111111111111111111111 $�749990970
SY 164 6007 BROADCAST SEED
(PERM) (URBAN) (CLAY)
complete in place per
SY
for Zero
dollars
and Twenty.Ni*ne
cents.
$ 0,029 $�229420,019
SY 164 6009 BROADCAST SEED
(TEMP) (WARM)
complete in place per
SY
for Zero
dollars
and Twenty Nine
cents.
$ 0*29 $ 119210010
00300-9-2015 Page 34 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit--
and Written Unit Price
Unit Price Amount
200
3865595
SY
164 6011 BROADCAST SEED
(TEMP) (COOL)
complete in place per
SY
for Zero
dollars
and Twenty Nine
cents.
$ 0,029 $ 119210.10
201
5411.77
MG
168 6001 VEGETATIVE
WATERING
complete in place per
MG
for Five
dollars
and Zero
cents.
$ 5.00 $ 279058.85
202
4058
S Y
169 6005 SOIL RETENTION
BLANKETS (CL 2) (TY E)
complete i*n place per
SY
for Two
dollars
and Ninety
cents.
$ 2,090 $ 1197684020
206
21
CY
432 6044 RIPRAP
(CONC)(FLUME)
complete in place per
CY
for Five Hundred
dollars
and Zero
cents.
$ 500.00 $ 109500*00
207
222
LF
506 6001 ROCK FILTER DAMS
(INSTALL) (TY 1)
complete in place per
LF
for Twenty--Fi*ve
dollars
and Zero
cents.
$ 25.00 $ 59550.00
208
1269
LF
506 6002 ROCK FILTER DAMS
(INSTALL) (TY 2)
complete i*n place per
LF
for Thirty Five dollars
and Zero cents. $
35.00 $
449415.00
00300-9-2015 Page 35 of 38 Bid Form
Bid
Item
209
Approx.
Quanti"t Unit
1491 LF
BASE BID
Item Description
and Written Unit Price
506 6011 ROCK FILTER DAMS
(REMOVE)
complete in place per
Unit Price
LF
Amount
for Twelve dollars
and Zero cents. $ 12,000 $ 179892.00
210 911 SY 506 6020 CONSTRUCTION
EXITS (INSTALL) (TY 1)
complete in place per SY
for Eighteen dollars
and Zero cents. $
18oOO $
169398.00
211 911 SY 506 6024 CONSTRUCTION
EXITS (REMOVE)
complete in place per
SY
for Twelve
dollars
and Zero
cents. $ 12,000 $ 109932.00
212 10679 LF 506 6038 TEMP SEDMT CONT
FENCE (INSTALL)
complete i*n place per
LF
for Two
dollars
and Seventy Five
cents. $ 2,975 $ 299367*25
213 10679 LF 506 6039 TEMP SEDMT CONT
FENCE (REMOVE)
complete in place per
LF
for Zero
dollars
and Fifty
cents. $ 0.50 $ 59339o5o
00300-9-2015 Pag
e 36 of 38 Bid Form
BASE BID
Bid
Approx.
Item Description
Item
Quantl*t
Unit
and Written Unit Price
Unit Price
Amount
214
1412
LF
506 6040 BIODEG EROSN
CONT LOGS (INSTL) (8")
complete in place per
LF
for Six
dollars
and Zero
cents. $ 6.00
$ 89472,000
215
128
LF
506 6042 BIODEG EROSN
CONT LOGS (INSTL) (18")
complete in place per
LF
for Fifteen
dollars
and Zero
cents. $ 15,900
$ 19920.00
216
1540
LF
506 6043 BIODEG EROSN
CONT LOGS (REMOVE)
complete in place per
LF
for Zero
dollars
and Fifty
cents. $ 0*50
$ 770900
217
3
EA
752 6009 TREE REMOVAL (30"
3611 DIA)
complete in place per
Two Thousand Seven Hundred
for Fifty
and Zero
EA
dollars
cents. $ 29750000 $ 89250,900
00300-9-2015 Page 37 of 38 Bid Form
Bid
Item
218
219
220
221
Approx.
Quantl*t
1
Unit
LS
LS
BASE BID
Item Description
41
and Written Unit Price
FORCE ACCOUNT -LAW
ENFORCEMENT
complete in place per
for TWENTY THOUSAND
and ZERO
FORCE ACCOUNT SAFETY
complete i*n place per
for TEN THOUSAND
and ZERO
LS FORCE ACCOUNT EROSION
CONTROL
complete in place per
for TEN THOUSAND
and ZERO
LS MOBILIZATION (10%)
complete i*n place per
for Two Million
and Zero
Unit Price
LS
dollars
cents. $
LS
dollars
cents. $
LS
dollars
cents. $
Amount
209000,000 $ 209000,000
105000,000 $ 109000,000
109000,000 $ 105000-000
LS
dollars
cents,, $ 290009000.900
TOTAL BASE BID - TRANSPORTAION (Items 1 thru 221 ) $
$ 290009000,000
2099139075.27
00300-9-2015 Page 38 of 38 Bid Form
PROJECT NAME:
PROJECT LOCATION:
OWNER:
DATE:
Approx.
Bid Item Quantiot
WMI 272
W-2 156
W-3 362
W-4 8791
W-5 290
W-6 404
W-7 7358
Unit
LF
LF
LF
LF
LF
LF
LF
BID FORM - WATER ONLY
KENNEY FORT BLVD. - SEGMENTS 2 & 3 (Water Only)
Round Rock, Texas
City of Round Rock, Texas
July 27, 2021
BASE BID - WATER
Item Description
and Written Unit Price
Unit Price Amount
ENCASEMENT PIPE, 24mIN DIA., TYPE STEEL
complete in place per CORK 505
for Two Hundred dollars
and Zero cents.
$ 200,000 $ 549400000
ENCASEMENT PIPE, 30mIN DIA., TYPE STEEL
complete in place per CORK 505
for Three Hundred Ninety dollars
and Zero cents.
$ 390.0_0� $ 60840000
SPLIT CASING, 30-IN DIA., TYPE STEEL
complete in place per CORK SP505
for Five Hundred Sixty dollars
and Zero cents.
$ 560,900 $ 2029720,000
TRENCH SAFETY SYSTEMS (WATER), ALL
DEPTHS
complete in place per CORK 509
for Two dollars
and Zero cents.
$ 2,000 $ 179582900
REMOVE EXISTING WATER LINE, 164NCH
complete in place per CORK SP5 10
for Sixty Five dollars
and Zero cents.
$ 65,900 $ 189850.00
ABANDON EXISTING WATER LINE, 16-INCH
complete in place per CORK SP5 10
for Thirty Two dollars
and Zero cents.
$ 32000 $ 129928900
PIPE,,12-IN, PVC C-900, SDR-21 WATER LINE,
OPEN -CUT, ALL DEPTHS, INCLUDING
DISINFECTION AND TESTING
complete in place per CORK 510
for Eighty Seven dollars
and Zero cents. $
87.00 $ 6409146.00
Bid Form - Water Only Page 1 of
Bid Item
Approx.
Quantift
Unit
BASE BID - WATER
Item Description
and Written Unit Price
Unit Price Amount
W-8
92 LF PIPE, 12-IN, PVC C-900, SDR-21 WATER LINE,
RESTRAINED JOINTS, OPEN -CUT, ALL
DEPTHS, INCLUDING DISINFECTION AND
TESTING
complete in place per CORK 510
for Ninety Five dollars
and Zero cents.
$ 95.00 $ 89740,000
W.91
17 LF, PIPE, 12-IN, DI AWWA C-151, CLASS 250
WATER LINE, RESTRAINED JOINTS, OPEN -
CUT, ALL DEPTHS, INCLUDING DISINFECTION
AND TESTING
complete in place per CORK 510
for One Hundred Silt
,X Five dollars
and Zero cents.
$ 165.00 $ 258054.00
W-10
753 LF PIPE, 16-IN, DI AWWA C451,, CLASS 250
WATER LINE, RESTRAINED JOINTS, OPEN -
CUT, ALL DEPTHS, INCLUDING DISINFECTION
AND TESTING
complete in place per CORK 510
for Three Hundred Fifteen dollars
and Zero cents.
$ 315900 $ 2375195000
W-1 1
3.33 TON DI FITTINGS
complete in place per CORK 510
for Thirteen Thousand Seven Hundred Fifty dollars
and Zero cents.
$13,750.00 $ 459787950
W-12
2 EA PRESSURE PLUG, 12-IN
complete in place per DRAWINGS
for Nine Hundred Seven ty Five dollars
and Zero cents.
$ 975.00 $ 19950.00
W43
2 EA PRESSURE TAP, 12-IN
complete in place per CORK 510
for Eleven Thousand Four Hundred Fifty dollars
and Zero cents.
$115450*00 $ 22,0900000
W44
2 EA HYMAX HLD 2 COUPLING, 164N. RESTRAINED
complete in place per CORK SP5 10
for Two Thousand dollars
and Zero cents.
$ 25000,000 $ 49000,000
Bid Form - Water Only
Page 2 of 4
BASE BID - WATER
Approx.
Item Description
Bid Item Quantift
Unit and Written Unit Price
Unit Price Amount
W-15 2
EA AUTOMATIC COMBINATION AIRNACUUM
RELEASE VALVE ASSEMBLY, 2-IN DIA.
complete in place per CORK 511
for Ten Thousand dollars
and Zero cents.
$10,000.00 $ 2050000,000
W-16 17
EA GATE VALVE WITH VALVE BOX!, 12-INCH
complete in place per CORK 511
for Five Thousand Two Hundred dollars
and Zero cents.
$ 59200,000 $ 88,400,000
W47 6
EA GATE VALVE WITH VALVE BOX, 16-INCH
complete in place per CORK 511
for Nine Thousand Two Hundred dollars
and Zero cents.
$ 99200900 $ 55,0200000
W48 3
EA DRAIN VALVE ASSEMBLY
complete in place per CORK 511
for Four Thousand Five Hundred dollars
and Zero cents.
$ 410500e00 $ 139500.00
W-19 5
EA ADJUST VALVE TO SURFACE
complete in place per DRAWINGS
for Five Hundred Seventy dollars
and Zero cents.
$ 570.00 $ 29850.00
W-20 2
EA FIRE HYDRANT REMOVAL
complete in place per DRAWINGS
for One Thousand Six Hundred dollars
and Zero cents.
$ 19600.00 $ 39200900
W-21 9
EA FIRE HYDRANT ASSEMBLY, ALL DEPTHS,
INCLUDING LEAD, 6" GATE VALVE, AND
APPURTENANCES.) COMPLETE IN PLACE
complete in place per CORK 511
for Seven Thousand Three Hundred dollars
and Zero cents.
$ 79300.00 $ 6597OOoOO
W-22 1
EA PRESSURE REDUCING VALVE ASSEMBLY
AND VAULT, COMPLETE IN PLACE WITH
TESTING
complete in place per DRAWINGS
for Thirty Six Thousand dollars
and Zero cents.
$ 369000.00 $ 369000*00
Bid Form - Water Only Page 3 of 4
Approx.
Bid Item Quantiot Unit
W-23 120 SY
BASE BID - WATER
Item Description
and Written Unit Price
CUT AND RESTORE PAVEMENT (WATERLINE
C INSTALLATION UNDER GATTIS SCHOOL
ROAD)
Unit Price Amount
complete in place per TXDOT 400 6006
for Ninety Four dollars
and Zero cents.
W-24 1 EA 12" x 12" WET CONNECTION
complete in place per CORK 510
for Six Thousand Eight Hundred dollars
and Zero cents.
W-25 12 EA RESTRAINED JOINT FOR EXISTING 16"
WATERLINE
complete in place per DRAWINGS
for One Thousand Four Hundred Fifty dollars
and Zero cents.
TOTAL BASE BID - WATER (Items W=1 thru Wm25)
$ 94.00 $ 11280*00
$ 6800.00 $ 6800900
$ lIP450900 $ 179400,900
196519173*50
Bid Form - Water Only Page 4 of 4
BID FORM - WASTEWATER ONLY
PROJECT NAME:
KENNEY FORT BLVD. - SEGMENTS 2 & 3 (Wastewater Only)
PROJECT LOCATION:
Round Rock, Texas
OWNER:
City of Round Rock, Texas
DATE:
July 27, 2021
BASE BID -WASTEWATER
Approx.
Item Description
Bid Item
Quantit Unit
and Written Unit Price
Unit Price Amount
WW-1
119 LF
JACKING OR BORING, 304N DIA., TYPE STEEL
complete in place per CORK 501
for Nine Hundred Seventy Five dollars
and Zero cents.
$ 975.00 $ 1169025,900
WWm2
145 LF
ENCASEMENT PIPE, 18-IN DIA., TYPE STEEL
complete in place per CORK 505
for One Hundred Sixty dollars
and Zero cents.
$ 160o00 $ 239200,000
WW-3
148 LF
ENCASEMENT PIPE, 20-IN DIA., TYPE STEEL
complete in place per CORK 505
for One Hundred Silt
,X Five dollars
and Zero cents.
$ 165*00 $ 249420*00
WW-4
150, LF
ENCASEMENT PIPE, 24-IN DIA., TYPE STEEL
complete in place per CORK 505
for One Hundred Seventy Five dollars
and Zero cents.
$ 175*00 $ 269250.00
WW-5
15 LF
ENCASEMENT PIPE, 30-IN DIA., TYPE STEEL
complete in place per CORK 505
for Four Hundred dollars
and Zero cents.
$ 400,000 $ 69000.00
WW-6
7262 LF
TRENCH SAFETY SYSTEMS (WATER), ALL
DEPTHS
complete in place per CORK 509
for Two dollars
and Sixty cents.
$ 2,060 $ 189881,020
Bid Form - Wastewater Only Page 1 of 3
Bid Item
Approx.
Quantit
Unit
BASE BID - WASTEWATER
Item Description
and Written Unit Price
Unit Price Amount
WW-7 1
EA FRP MANHOLE (ALL DEPTHS), 48-IN
DIAMETER
complete in place per SECTION 02615
for Five Thousand Three Hundred dollars
and Zero cents.
$
59300900 $ 59300*00
WW-8 8
EA FRP MANHOLE (ALL DEPTHS), 60-IN
DIAMETER
complete in place per SECTION 02615
for Eight Thousand dollars
and Zero cents.
$
89000,900 $ 649000.00
WWM9 11
EA REMOVE EXISTING MANHOLE., ALL DEPTHS
complete in place per CORK SP506
for Two Thousand Eight Hundred dollars
and Zero cents.
$
29800900 $ 309800*00
WW-10 2
EA CONNECTION TO AN EXISTING MANHOLE
complete in place per DRAWINGS
for Two Thousand Six Hundred Seventy Five dollars
and Zero cents.
$
29675.00 $ 59350.00
WWM 11 23
VF RECOAT EXISTING WASTEWATER MANHOLE
complete in place per DRAWINGS
for One Hundred Twenty Five dollars
and Zero cents.
$
125900 $ 29875*00
WW42 178
LF ABANDON EXISTING WASTEWATER LINE., 15-
INCH, ALL DEPTHS
complete in place per CORK SP5 10
for Forty Four dollars
and Zero cents.
$
44000 $ 79832,000
WW-13 3396
LF REMOVE EXISTING WASTEWATER LINE, 15M
INCH, ALL DEPTHS
complete in place per CORK SP5 10
for Thirty Four dollars
and Zero cents.
$
34*00 $ 1159464,900
WW-14 144
LF PIPE, 8-IN, PVC SDR-26 WASTEWATER LINE,
OPEN CUT, RESTRAINED JOINTS, ALL DEPTHS
complete in place per CORK 510
for Eighty Eight dollars
and Zero cents.
$
88*00 $ 125,672*00
Bid Form - Wastewater Only Page 2 of 3
Approx.
Bid Item Quantift
WW-15 148
WW-16 185
BASE BID -WASTEWATER
Item Description
Unit and Written Unit Price
LF PIPE, I 0-IN,, PVC SDR-26 WASTEWATER LINE.,
OPEN CUT, RESTRAINED JOINTS, ALL DEPTHS
Unit Price
complete in place per CORK 510
for Eighty Five dollars
and Zero cents. $
LF PIPE, 18-IN, PVC SDR-26 WASTEWATER LINE,
CARRIER PIPE, RESTRAINED JOINTS, ALL
DEPTHS
complete in place per CORK 510
for Nine
ty Five dollars
and Zero cents. $
WW-17 3239 LF PIPE, 18-IN, PVC SDR-26 WASTEWATER LINE,
OPEN CUT, ALL DEPTHS
complete in place per CORK 510
for Ninety Seven
dollars
and Zero
cents.
WW48 2 EA ABANDON EXISTING 15" CONNECTION AT
MANHOLE
complete in place per DRAWINGS
for Four Thousand
dollars
and Zero
cents.
WW-19 3 EA MANHOLE VENT
complete in place per DRAWINGS
for Six Thousand Five Hundred
dollars
and Zero
cents.
WW-20 1 EA WASTEWATER SERVICE CLEAN OUT (NON -
PAVED SURFACE)
complete in place per DRAWINGS
for Four Hundred Sixty Five
dollars
and Zero
cents.
WW-21 3 DAY BYPASS PUMPING
for Four Thousand Five Hundred
and Zero
Amount
85*00 $ 129580.00
95.00 $ 175575.00
$ 97900 $ 3149183*00
$ 49000.00 $ 89000,900
$ 6,500.00 $ 195500.00
$ 465.00 $ 465,900
complete in place per SECTION 02025
TOTAL BASE BID - WASTEWATER ONLY (Items WWml thru WW-21)
dollars
cents. $ 49500,900 $ 139500*00
844,0872920
Bid Form - Wastewater Only Page 3 of 3
BID FORM - ALTERNATES
ALTERNATE NO. 1
Approx.
Item Description
Bid Item Quantit
Unit and Written Unit Price
Unit Price
Amount
W-101 7358
LF ADD PIPE, 12-IN,, AWWA GI51 DUCTILE IRON
WATER LINE,, OPEN -CUT,, ALL DEPTHS.,
INCLUDING DISINFECTION AND TESTING
complete in place per CORK 510
for Eighty Eight__ dollars
and Zero cents.
$ 88.00 $
64710504,00
W-1.2 7358
LF DEDUCT PIPE, 12-IN, PVC CM900, SDR-21
WATER LINE, OPEN -CUT, ALL DEPTHS,
INCLUDING DISINFECTION AND TESTING
complete in place per CORK 510
for Eighty Seven dollars
and Zero cents.
$ 87,900 $
640, 146.00
TOTAL ALTERNATE NO. 1 ADD (W- 1 0 1)
(+) $
6479504000
TOTAL ALTERNATE NO. 1 DEDUCT (W-1,2)
(-) $
640!) 146,00
ALTERNATE NO. 1 TOTAL
$
7358*00
ALTERNATE NO. 2
Approx.
Item Description
Bid Item Quantit
Unit and Written Unit Price
Unit Price Amount
ww-1.61 1
EA ADD NEW MANHOLE CONSTRUCTION, 48.
INCH DIAMETER
complete in place per CORK 506
for Four Thousand Nine Hundred dollars
and Zero cents. $
45900000 $ 49900,00
WW-1.2 8
EA ADD NEW MANHOLE CONSTRUCTION, 60M
INCH DIAMETER
complete in place per CORK 506
for Seven Thousand Four Hundred dollars
and Zero cents. $
79400000 $ 599200,00
WW-13 1
EA DEDUCT FRP MANHOLE (ALL DEPTHS), 48-IN
DIAMETER
complete in place per SECTION 02615
for Five Thousand Three Hundred dollars
and Zero cents. $
59300,00 $ 55300,00
WW-1,4 8 EA DEDUCT FRP MANHOLE (ALL DEPTHS), 60-IN
DIAMETER
complete in place per SECTION 02615
for Eight Thousand dollars
and Zero cents. $
TOTAL ALTERNATE NO. 2 ADD (WW- 1. 1 and WW- 1.2)
TOTAL ALTERNATE NO. 2 DEDUCT (WW-1.3 and WW-1.4)
ALTERNATE NO. 2 TOTAL
89000.00 $
645000-000
6410100,00
699300,00
(59200e00)
Bid Form - Alternates Page 1 of 1
TOTAL BASE BID TRANSPORTATION (Items 1 thru 221 ) 12()/, q i 3,; C) 7 5.,2.1
TOTAL BASE BID WATER (Items W-1 thru W-22 � � I
iz
TOTAL BASE BID WASTEWATER (ItemsWW- I thru WW-21) ,� 944 g. ZO
TOTAL BASE BID (TRANSPORTATION +WATER+ WASTEWATER)
909, zo. y� -
If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and
insurance certification as per the Instructions to Bidders.
The undersigned certifies that the bid prices contained in the bid have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalities or technicalities.
Respectfully Submitted,
//z"00/
Vfg'nature
Martin Poduska
Print Name
Chief Estimator
Title
J.D. Abrams, L.P.
Name of Firm
July 27, 2021
Date
5811 Trade Center Drive, Bldg 1
Austin, TX 78744
Address
(512) 322-4000
Telephone
Secretary, if Bidder is a
Corporation
00200-9-2015 Page 1 of 1 Bid Form
00410 STATEMENT OF BIDDER'S SAFETY
EXPERIENCE
Page 1
00410 8-2014
00090654
Statement of Bidder's Safety Experience
00410 STATEMENT OF 11BIDDER'S SAFETY
EXPERIENCE
Page
00410 8-,2014 Statement of Bidder's Safety Experience
00090654
Solicitation Requirements, Contract Forms & Conditions of Contract
Statement of Bidder's Safety Experience Section 00410
Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure
to do so will constitute an incomplete Bid that may be rejected. 1n order to make a responsive
Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program
requirements, has not been fined by OSHA for any willful safety violations in the past three
years, and has a lost time injury rate that doesnt exceed the limits established below. All
questions must be answered and data given must be clear and comprehensive. If necessary,
questions may be answered on separate attached sheets.
Company Name: J. D. Abrams, L. P.
5811 Trade Center Drive, Bldg. 1
Address: Austin, Texas 78744 Phone: (512) 322-4000
Completed by:
Martin Poduska
1. Does the company have a written construction Safety program?
Date: July 27, 2021
E]Yes [:] No
2. Does the company conduct construction safety inspections? [][Yes E] No
3. Does the company have an active construction safety -training program? RYes El No
4. Has the company been fined by OSHA for any willful safety violations in the past [:]Yes 0 No
three years?
5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, DYes El No
or less over the past three years?
Attach the company's OSHA 200/300 logs for the past three years.
6. Does the company or affected subcontractors have competent persons in the
following Areas?
A. Scaffolding
UYes
E]No
❑ N/A
B. Excavation
[3 Yes
E]No
❑ N/A
C. Cranes
0 Yes
DNo
El N/A
D. Electrical
❑X Yes
[:]No
❑ N/A
E. Fall Protection
[S] Yes
[:]No
❑ N/A
F. Confined Spaces
[3 Yes
[:]No
❑ N/A
I hereby certify that the above information is true and correct.
Signature Title
Mart n od ska
Page 1
00410 8-2014
00090654
Chief Estimator
Statement of Bidder's Safety Experience
OSHA's Form 300A<P
Year 2020
Summary of Work Related Injuries and IllnessesU.S. Department of Labor
Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during Form approved OMB no. 1218-0176
the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary.
Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've
added the entries from every page of the log. If you had no cases write "0. "
Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They
also have limited access to the OSHA Form 301 or its equivalent_ See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for
further details on the access provisions for these forms.
Total number of deaths Total number of cases Total number of cases with job Total number of other
with days away from transfer or restriction recordable cases
work
n
A
8
I
(G) (H) (1} (J}
'NumberDays
Total number of days Total number of days of job
away from work transfer or restriction
154 528
(K) (L)
Total number of...
(M)
(1) Injury 17 (4) Poisoning
(2) Skin Disorder 0 (5) Hearing loss
(3) Respiratory 0
Condition (6) All other illnesses
0
0
0
Post this Summary page from February 1 to April 30 of the year following the year covered by the form
Public reporting burden for this collection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and
complete and reviewthe collection of information- Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Ifyou have any
comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA office of Statistics, Room N-3644, 20C Constitution Ave, NW, Washington,
DC 20210. Do not send the completed forms to this office.
Establishment information
Your establishment name JD ABRAMS LP
Street 5811 TRADE CENTER DR BLDG 1
City AUSTIN State TX Zip 78744
Industry description (e.g., Manufacture of motor truck trailers)
HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
North American Industrial Classification (NAICS), if known (e.g., 36212)
2 3 7 3 1 0
Employment information
Annual average number of employees 605
Total hours worked by all employees last year 1,196,354
Sign here
Knowingly falsifying this document may result in a fine.
1 certify that I have examined this document and that to the best
of my knowledge the entries are true, accurate, and complete.
4CJP
Company execut e Title
~� —4
�""� t� Pam- s- _.
Phone Date
uzmA's Form 300A Year 2 019 ,�
Summary of Work RInjuries aIllnesses U.S. Department of Labor
Occu atlanal Safet and Health Adniloistration
� y
..:.-.-..�7�.tT'!'.5.:......:.................... ......rr,..•.r• .-.. ....v..-..-�..r....... ......: • ..�.u-r-...».�-.w. r••••�v'��t.r�r:•'�. .....-�TtY.�.T[Y.•.-..�.:..._.:..._::.: ..�:. �.. �:::.: :..'...: .: ... �-
All establishments covered by fart 1904 must complete this Summary page, even if no injuries or illnesses occurred during Form approved Oftilit3 no. 12113-0176
the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary,
Using the Log, count the individual entries you mado for each category. Then write the totals below, making sure you've
added the entries from every page of the log. If you had no cases "trite "0." Establishment information
Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They
also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for Your establishment name JD ABRAMS LP
further details on the access provisions for these forms.
Total number of deaths Tota[ number of cases Total number of cases with job Total number of other
with days away from transfer or restriction recordable cases
work
a
Total number of days of job
transfer or restriction
600
(L)
Total number of...
(M)
(1) Injury 19 (4) Poisoning 0
(2) Skin Disorder 0 (5) Hearing loss 0
(3) Respiratory
Condition (6) All otter illnesses 0
Post this Summary page from February I to April 30 of the year following the year covered by the form
Public reporting burden for this collection of Wormatlon is eslimated to average 50 minutes per response, inefuding lime tin revlevi the instruction, search and gather the data needed, and
complete and revietvthe collection of information. persons are not required to respond to the collection of information unlass it displays a currently valid OMB control number, if you have any
comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of StaVstics, Room N-3644, 200 Constitution Ave, NW, Washinglon,
DC 20210. Leo not send the completed forms to this office.
Street 5311 TRADE CENTER DR BLDG I
City AUSTN State TX zip 78744
Industry description (e,g,, Manufacture of motor truck trailers)
HIGHWAY CONTRACTOR
North American Industrial Classification (NAICS), if known (e.g., 3621 2)
2 3 7 3 1 0
Employment information
Annual average number of employees 465
Total hours worked by all employees last year 1,014,134
Sign here
Knowingly falsifying this document may result in a fine.
I certify that I have examined this document and that to the best
of my knowledge the entries are true, accurate, and complete.
A ell
Cfipany executive Title
Phone Date
OSHA's Form 300A 440
Year 2018 <**>�
Sum mary of Work Related Injuries and Illnesses U.S. Department of Labor
Occupational Safe and Health Administration
A Safety
.:...:....:_,.._,,.,_... .•6 ,._v_....._...u.v. ,,,.:.-.._1... ..,o-,.:sM..yu..si.R_a;u... .uw:ca ;c u,..-. :a._.,.iaJ.,.>.....,....w....,..za,rv.:iY.,...,...,..e,... n✓:y...,u:;,,cM,n.,..w:..... ...ter .«..: ry.. .w.uu«.w(...1 ..u....i .... ... ,.-�a..a.,..N. .. ..i .-ti,...,xw,t... .. ,... ,.;.w.«. .....U<. ,,..4 .. ..:..e..3 ,...�..._W.. w;mar ..,..a.K ,4...,.....Ea,, a.,aw.:...,. �rdn..«....Y..�,.d+,.'°°"s�w.,.sas.v r..batiMbc.��..,.,M,,,.,.., .,.o. w..w W..,o ,.. ..w. wo.. .....,,.,...„n..... ..............».
All establishments covered by Part 1904 must complete this Summary page, even if no injuries orillnesses occurred during Form approved OMB no. 1218-0176
the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary.
Using the Log, count the individual entries you made for each category. 7 hen write the totals below, making sure you've
added the entries from every page of the log. If you had no cases write "0." Establishment information
Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They
also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for
further details on the access provisions for these forms.
Total number of deaths Total number of cases Total number of cases with job Total number of other
with days away from transfer or restriction recordable cases
work
0 2
(G) (H)
Numberof Days
Total number of days
away from work
69
(K)
im
Total number of days of job
transfer or restriction
186
(L)
Total number of...
M
(1) Injury 14 (4) Poisoning 0
(2) Skin Disorder 1 (5) Hearing loss
(3) Respiratory
Condition (6) All other illnesses 0
Post this Summary page from February 9 to April 30 of the year following the year covered by the form
Public reporting burden for this collection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and
complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number, If you have any
comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW. Washington,
DC 20210. Do not send the completed forms to this office.
Your establishment name JD ABRAMS, LP
Street 5811 Trade Center Blvd Bldg 1
City Austin State TX Zip 78744
Industry description (e.g.. Manufacture of motor truck trailers)
Highway, Street, and Bridge Construction
North American Industrial Classification (NAICS), if known (e.g., 36212)
2 3 7 3 1 0
Employment information
Annual average number of employees 178
Total hours worked by all employees last year 674,397
Sign Mere
Knowingly falsifying this document may result in a fine.
1 certify that 1 have examined this document and that to the best
of my knowledge the entries are true, accurate, and complete.
Comldny ex utive Ttle
-Z zz- how
Phone pate
.00500. GREEMENT
City of Round Rock, Texas Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the ��`��� Ak)d-,a-y of6�fte'F- in the year 20
74.
BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City")
221 East Main Street
Round Rock, Texas 78664
and the Contractor J.D Abrams ("Contractor")
5 811 Trade Center Blvd, B g l
Austin, Texas 78744
The Project is described as: KENNEY FORT BLVD. - SEG 2 & 3
The Engineer is: Anthony J. Serda. PE.
CP&Y
13809 Research Blvd, Suite 300 Austin, TX 78750
512.349.0700
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged, Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents
listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 7.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
00500 4-2020
00443647
Page 1 of 5
Standard Form of Agreement
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3el The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
3*2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
393 Contractor shall commence Work within ten
from the date delineated in the Notice to Proceed.
(_10 ) calendar days
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than not applicable NA ) calendar days from issuance by Owner of Notice to Proceed,
and Contractor shall achieve Substantial Completion of the entire Work no later than
Four -Hundred Twmty--N le L42$ calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents,,
395 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the
date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages,
the sum Of Two T'hniican�l Five HnnrlrPrl-NinPty and No/ 100
Dollars ($-2.-,5c)n.00 for each calendar day that Substantial Completion is delayed after the date(s)
specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled
hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to
achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial
Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure,
which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of
moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that
if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
396 Contractor shall achieve Final Completion of the entire Work no later than Four Hundred Fifty
(A50 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
491 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance
of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be
Twenty-three million four hundred nine thousand one hundred twenty dollars and ninety-seven cents,,
($ 233409, 120.97 ), subject to additions and deductions as provided in the Contract Documents.
4.2 Does the Contract Sum include alternates which are described in the Bid Form?
No X . Yes . Ifyes, please provide details below:
00500 4-2020 Page 2 of 5 Standard Form of Agreement
00443647
ARTICLE 5 PAYMENTS
5,01 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submittetongineerd Eand Owner by Contractor, and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress payments
on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and
elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth (loth) day of a month, Owner shall make payment to Contractor of
amounts approved by the Owner not later than the tenth (l Oth) day of the next month. If an Application for Payment
is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later
than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay
any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor
in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the
various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner,
shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as provided in Article 14 of the General Conditions.
5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5*2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to
Contractor when:
1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,
and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by Engineer and approved by the Owner.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30)
days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment
shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract mqybe terminated by Owner or Contractor as provided in Article 15 of the General Conditions.
00500 4-2020 Page 3 of 5 Standard Form of Agreement
00443647
6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated
as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor, as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual
dated June 2021
7.1.4 The Specifications are those contained in the Project Manual dated June 2021
7.1.5 The Drawings, if any, are those contained in the Project Manual dated June 9,0?.1
7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated
June 2021
7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the
Project Manual dated June 2021 _
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000," Federally Required Contract Clauses, as modified.
7.1.9 Other documents, if any, forming part of the Contract Documents are as follows:
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: JC Montelongo
CIP Program Manager
512-218-7026
8.3 Contractor's representative is:
imonteloneo c,,roundrocktexas.gov
EDGAR REYES
PROJECT MANAGER
(512) 662-2972
ereye s (& i dabram s . com
8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the
other party.
00500 4-2020 Page 4 of 5 Standard Form of Agreement
00443647
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event
of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither
more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any
proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least two (2)
original copies, of which one is to be delivered to Owner.
OWNER CONTRACTOR
CITY OF UND ROCK, T XAS J.D. ABRAMS, LP
Printed Name: Printed Name: ALFONSO FERNANDEZ
Title 1 v ,vIV 1� Title: PRESIDENT
Date Signed: t� ' ' Date Signed:
FOR T , APPROVED S TO FORM:
City Atto ey
00500 4-2020 Page 5 of 5 Standard Form of Agreement
00443647
00600 INSURANCE AND
CONSTRUCTION BOND FORMS
BONDS AND INSURANCE INSTRUCTIONS
Instruction Sheet
1. Insurance Company must be licensed by State of Texas.
Z. Agent signing bonds must be licensed in Texas.
3. Agent signing bonds must have Power of Attorney on behalf of insurance
company.
4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the
bond must be counter -signed by Texas local recording agent.
ALL THE ABOVE INFORMATION CAN BE FOUND AT
Texas Department of Insurance website www.tdi.state.tx.us
5. Make sure the dollar amount on both Performance and Payment Bonds match the
amount of the Agreement & Bid Form Sheet.
6. Both Performance and Payment Bonds should be signed by Authorized Person. If
the contractor is a corporation, then it should be signed by the President or the
Vice -President. If the contractor is not incorporated, then it may be signed by the
Owner. Please state the title of the authorized person.
CERTIFICATE OF LIABILITY INSURANCE
Instruction Sheet
1. CERTIFICATE OF LIABILITY INSURANCE FORM
The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard
ACORD form.
2. PRODUCER and INSURED - Please list name, address, phone number and e-mail.
3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be
obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/. — Company Lookup.
Note: Exception to this rule. In certain instances where there is unusual risks involved, Surplus Lines Insurance
Carriers can be used. Below are the guidelines:
a. Insurance Company does not have to be "licensed in Texas", but
they do have to be "eligible for a Texas license."
Please verify with the Texas Dept of Insurance
Website: http://www.tdi.state.tx.us/. — Company Lookup
b. Policy has to be written by licensed surplus lines Agent.
Also verify with the Texas Dept of Insurance
Website: http://www.tdi.state.tx.us/ - Agent Lookup
4. TYPES OF INSURANCE COVERAGE —
CONSTRUCTION CONTRACT: Please double check the General Conditions and the
Supplemental General Conditions for the types and amounts of insurance required. The
Supplemental General Conditions usually state the following:
a. Business Automobile Liability Insurance
b. Workers' Compensation and Employers' Liability Insurance
C. Commercial General Liability Insurance
d. Builders' Risk Insurance — (Generally required for all "vertical" construction. Check with
Project Manager for requirements.)
FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE
SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering
Service Contracts usually require "professional liability insurance".)
5. EFFECTIVE DATE & EXPIRATION DATE
Please make sure dates are current.
6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except
Workers Compensation and Builders Risk).
7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of
any changes, cancellation ,etc. at least thirty (30) days prior to date of change.
8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be
found on the Texas Department of Insurance website www.tdi.state.tx.us — Agent Lookup.
BOND NOS: 301103961107506401
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That J. D. Abrams, LP , of the City of Austin , County
of Travis and State of Texas , as Principal, and
Surety - SEE BELOw authorized under the law of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (Owner), in
the penal sum of Twenty-three million four hundred nine thousand one hundred twenty and ninety-sevcn cents Dollars ($ 23 94099120.97 )
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: SURETY: Continental Insurance Company and Travelers Casualty and Surety Company of America
WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the
Vft�,- day of ��, 20 21 to which the Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
KENNEY FORT BLVD. - SEG 2 & 3
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of, the Principal in performing the Work covered
by said Agreement and occurring within a period of twelve (12) months from the date of Final
Completion and all other covenants and conditions, according to the true intent and meaning of
said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00610 4-2020 Performance Bond
00443639
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Agreement, or to the work to be performed thereunder.
If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of
Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If,
within ten (10) days after receipt of such notice from Owner, Surety does not commence to
complete the obligations of Principal with a contractor acceptable to Owner and diligently
complete the performance of the Principal's duties and obligations, Owner shall have the right but
not the obligation to have the duties and obligations of Principal performed. In such event, Surety
shall pay to Owner, upon demand, all costs, expenses and damages sustained by Owner as a result
of Principal's failure to perform its duties and obligations under the Agreement up to the
S2394099120.97 sum of this Performance Bond, plus all costs and expenses, including
attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this
Performance Bond.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 1st day of October , 20 21 .
Continental Insurance Company
J. D. Abrams, LP Travelers Casualty and Surety Company of America
Principal Surety
Barbara A. Shamard
Printed Nam
By:
Title: Pr 46
5 cl.�,-i
Address: 5811 Trade Center Dr, Bldg 1
Austin, TX 78744
Resident Ageotj6f'�urety:
Signature
Barbara A. Sha and
Printed Name
3500 E Palm Valley Blvd, Suite 3
Street Address
Round Rock, TX 78665
City, State & Zip Code
Printed Name
By:
Title: Attorney- 1-Fact
Address: 3500 E P Im Valley Blvd Suite 3
Round 4k, TX 78665
Page 2
00610 4-2020 Performance Bond
00443639
BOND NOS: 30110396/107506401
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WiLLIAMSON §
That J. D. Abrams, LP , of the City of Austin ,
County of Travis , and State of Texas , as Principal, and
Continental Insurance Company and I rave ers authorized under the laws of the State of Texas to act as Surety
Casualty and Surety Company of America y
on Bonds for Principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS
(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
Twenty-three million four hundred nine thousand one hundred twenty dollars and ninety-seven cents
Dollars (S 23,409)1 20.97 ) for the payment whereof, well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the
`q day of , 202� to which Agreement is hereby referred to
and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
KENNEY FORT BLVD. - SEG 2 & 3
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and
materials done and furnished for the construction of the improvements of said Agreement, then
this obligation shall be and become null and void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00620 04-2020 Payment Bond
00437699
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect 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 scaled this Instrument
this 1 St day of October 5 20 21
Continental Insurance Company
J. D. Abrams, LP Travelers Casualty and Surety Company of America
Principal Surety
Barbara A. Shamakd
Printed Name Printed Name
04
By: By: 4
Title: pre's � d enr 4Title: Attorne n-Fa t
Address: 5811 Trade Center Dr, Blda 1 Address: 3500E F61m Valley Blvd Suite 3
Austin, TX 78744 Round R ck TX 78611
Resident A e f Surety:
Signature
Printed Name
3500 E Palm Valley Blvd, Suite 3
Street Address
Round Rock, TX 78665
City, State & Zip Code
Page 2
00620 1-2020 Paymcnt Bond
00090656
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Peter Pincoffs, John S Burns Jr, Chris Brandt, Barbara A. Shamard, Individually
of Austin, TX, its true and lawful Attorneys) -in - Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
41
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 5th day of June, 20200
Thhill ntinental InI1111111111II!,rance Comupany,
Paul T. Bruflat
ice President
State of South Dakota, County of Minnehaha, ss:
On this 5th day of June, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
FaJ. MOH RM
aaRr �M.tc
sounH ovcara
My Commission Expires June 23, 2021
J. Mohr
CERTIFICATE
Notary Public
I, D. Johnson', Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this 1st day of October, 2021 0
The Continental Insurance Company
D.Johnson
Form F6850-4/2012
Assistant Secretary
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company at a meeting held on May 10, 19950
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf
of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such
officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution
becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
the Company by unanimous written consent dated the 251h day of April, 2012,
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized
Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and
Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be
provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent, Wortham Insurance at:
512-453-0031
You may call CNA Surety Company's toll -free telephone number for information or to
make a complaint at:
14
1-800-331-6053
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write to the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1 771
PREMIUM AND CLAIMS DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the agent first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and
does not become part or condition of the attached document.
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS..,! St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Barbara A Shamard of
AUSTIN , Texas , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
A°'TY -4NO �
�� 1 FtaFiTF4kU, < �' OW
State of Connecticut
By:
City of Hartford ss. Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
1.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY
My Commission expires the 30th day of June, 2026 + '�
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 1st day of October , 2021
so *,,
'} CONN, O
Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
w
TRAVELERS )
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty and Surety Company of America , for information or
to make a complaint at:
Travelers Bond
Attn: Claims
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
l � CERTIFICATE OF LIABILITY INSURANCE
Act:
�44�
DATE(MM/DDIYYYY)
17�5/11/2021
nmmn�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
ACIG Insurance Agency, Inc.
CONTACT
NAME:
PHONE972-702-9004 972-687-0601(A/C, N ex :c
, No):
2600 N. Central ExpwFAX
y.Suite 800
Richardson, TX 75080
E-MAIL
nooRess: accountmana ers aci .com
INSURER S AFFORDING COVERAGE NAIC #
INSURER A: American Contractors Ins. Co. RRG
12300
www.acig.com
INSURED
INSURER B : ACIG Insurance Company
19984
J.D. Abrams, L.P.
5811 Trade Center Drive Bldg. 1
Austin TX 78744
INSURERC:
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 616,59390 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
-rypE OF INSURANCE
ADDL
SUER
POLICY NUMBER(MM/DD/YYYY)POLICY
EFF
Y EXP
LIMITS
A
COMMERCIAL GENERAL LIABILITY
GL21AO0001
6/1/2021
6/1/2022
EACH OCCURRENCE
$10,0009000
A
A
CLAIMS -MADE �/ OCCUR
GL21B00001 (GL Excess)
G L21 COOOO 1 (GL Excess)
6/1/2021
6/1/2021
6/1/2022
6/1/2022
DAMAGE TO RENTED
PREMISES Ea occurrence
$ � 0� 000
QED EXP (Any one person)
$5,000
PERSONAL & ADV INJURY
$ 'I OV00OV000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$10,000,000
POLICY E jE � 1:1 LOC
PRODUCTS -COMP/OP AGG
$109000,000
$
OTHER:
A
AUTOMOBILE LIABILITY
�
AL21000002
6/1 /2021
6/1 /2022
(EOa aBc deDtSINGLE LIMIT
$5,000,000
BODILY INJURY (Per person)
$
ANY AUTO
BODILY INJURY (Per accident)
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED I IRETENTION$
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
N / A
WCA000004521
6/1/2021
6/1/2022
Y/ STATUTE ER
E.L. EACH ACCIDENT
$1,000,000
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$1,0001000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1 OOO OOO
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The City of Round Rock is named as additional insured with respect to all policies except WC/EL and PL. See Addendum for additional information.
We have issued an industry -standard ACORD certificate of insurance for our customer. Texas state law (S.B. 425) prohibits us from adding
special wording to the certificate that would (1) alter, amend or extend coverage or terms & conditions provided by the insurance policy; or
(2) provide false or misleading information concerning the insurance policy; or (3) refer to a legal or insurance requirement contained in a contract
Where applicable endorsements are attached.
CERTIFICATE HOLDER CANCELLATION
STP 2021(278)MM 10914-05-1931 University Blvd. Expansion
City Manager, City of Round Rock
22E. Main Street
Round Rock TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Brian Callaghan
O 1988=2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
61659390 1 ABR.AMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 1 of 7
AGENCY CUSTOMER ID: ABRAMS
LOC #:
A4CCPJZA6
klaww�
ADDITIONAL REMARKS SCHEDULE
AGENCY NAMED INSURED
ACIG Insurance Agency, Inc. J.D. Abrams, L.P.5811 Trade Center Drive Bldg. 1
POLICY NUMBER Austin TX 78744
GL21AO0001
CARRIER NAIC CODE
American Contractors Ins. Co. RRG 1 12300 I EFFECTIVE DATE: 6/1/2021
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16)
HOLDER: City Manager, City of Round Rock
ADDRESS: 221 E. Main Street Round Rock TX 78664
Per attached endorsements:
Page of
The City of Round Rock is named as an additional insured with respect to all policies
except ' Workers ' Compensation and Employers ' Liability ' and 'Professional Liability '.
Should any of the above described policies be cancelled or changed before the expiration
date thereof, the issuing company will mail thirty (30) days written notice to the
certificate holder.
Professional/Pollution *Aggregate limit is total insurance available for all claims
presented within the policy period for operations of insured. Limit will be reduced by
payments of indemnity and/or expenses.
General Liability Additional Insureds)
& per attached endorsement. If contract
para D. If contract requires specific AI
ongoing & completed operations see Para
is/are included w
requires primary
endorsements see
B o 1 o
hen required by written contract
non- contributory coverage see
para C. If contract requires
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUM
61659390 1 ABRAMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 2 of 7
ADDITIONAL INSURED - AUTOMATIC STATUS
AS REQUIRED BY CONTRACT -BLANKET
1119
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed
prior to the loss.
A. Who Is An Insured (Section II) is amended to include as an insured any person or organization shown in the above SCHEDULE (called
additional insured), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of
your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written contract.
B. The insurance provided to the additional insured is subject to the following limitations:
1. Unless a written contract specifically requires additional insured coverage for your completed operations, this insurance does not apply
to "bodily injury" or " property damage" occurring after " your work" for the additional insured has been completed or after that portion of
" your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization,
whichever occurs first.
2. Unless specifically required by written contract, this insurance provides additional insured coverage only for liability for "bodily injury" ,
" property damage" or "personal and advertising injury' to the extent caused by the named insured's acts or omissions or the acts or
omissions of those acting on the named insured's behalf.
3. This insurance does not apply to "bodily injury' , " property damage" or "personal and advertising injury" for which the additional
insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent
that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement.
4. This insurance does not apply to "bodily injury' , " property damage" or "personal and advertising injury" arising out of the rendering or
failure to render any professional services by any insured or on any insured's behalf, including:
a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders, drawings or specifications; or
b) Supervisory, inspection, architectural, or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that insured, if the " occurrence" which caused the "bodily injury'
or "property damage", or the offense which caused the " personal and advertising injury", involved the rendering of, or
the failure to render, any professional architectural, engineering or surveying services.
5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy
specifically applies to that person or organization.
6. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional
insured coverage in the construction industry.
7. The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract.
C. In no event shall the insurance provided to the additional insured exceed the minimum coverage required by the written contract, including
but not limited to minimum limits, minimum scope of coverage, or minimum duration of coverage. ff a written contract or agreement requires
that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that
endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and
limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are
specified, the 04113 editions shall apply.
D. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional
insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always
excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the
other insurance as an additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the
mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective: 6/1/2021
Insured: J.D. Abrams, L.P.
Policy No.: GL21AO0001
Endorsement No.:
Premium $
Insurance Company: American Contractors Insurance Co. RRG
61659390 1 ABR.AMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 3 of 7
336
NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -
CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The certificate of insurance holders shown in the schedule below have requested that they receive written notice of
cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a
material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of
insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of
premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days
advance written notice.
The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the
certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide
notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule
below.
SCHEDULE
All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this
policy is required by written contract, permit or agreement with the Named Insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as policy effective date unless otherwise indicated above.
Policy Effective: 6/1/2021
Insured: J.D. Abrams, L.P.
Policy No.: GL2 I AOOOO I
Insurance Company: American Contractors Insurance Co RRG
Endorsement No.:
Premium $
61659390 1 ABRAMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 4 of 7
596
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO LIABILITY COVERAGE PART
Any person or organization you are required by contract to include as an additional insured on this policy is an
"insured" but only with respect to liability arising out of the ownership, maintenance or use of an "auto" in the
operations incidental to the contract and to the extent set forth below:
(1) The limit of insurance will not be greater than that required by such contract.
(2) The coverage provided to the additional insured will not be greater than that customarily provided by the policy
forms specified in and required by the contract.
(3) All insuring agreements, exclusions and conditions of this policy will an ply.
(4) In no event shall the coverage or limit of insurance in this coverage form be increased by such contract.
This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis,
available to the additional insured unless a written contract requires that this insurance be primary or primary and
non-contributing. However, this insurance is always excess to other insurance, whether primary, excess,
contingent or on any other basis, when the additional insured has been added to the other insurance as an
additional insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: same as policy eff. date unless otherwise indicated above.
Policy Effective: 6/1/2021
Insured: J.D. Abrams, L.P.
Policy No.: AL21000002
Insurance Company: American Contractors Insurance Co RRG
Endorsement No.:
Premium $
61659390 1 ABRAMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 5 of 7
335
NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE -
CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO LIABILITY COVERAGE PART
The certificate of insurance holders shown in the schedule below have requested that they receive written notice of
cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a
material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of
insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of
premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days
advance written notice.
The notice of cancellation, nonrenewal or material change will b mailed to the addresses provided to us by the
certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide
notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule
below.
SCHEDULE
All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this
policy is required by written contract, permit or agreement with the Named Insured.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the mentioned Policy, other than as above stated.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy Effective: 6/1/2021
Insured: J.D. Abrams, L.P.
Policy No.: L21 000002
Insurance Company: American Contractors Insurance Co RRG
Endorsement No.:
Premium $
61659390 1 ABR.AMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 6 of 7
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 42 06 01
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
(Ed, 0 1 -94)
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3-A. of the Information Page.
In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named in
the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice:
60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only
10 days advance notice will be provided.
2. Notice will be mailed to:
All certificate holders where written notice of cancellation, nonrenewal or material change to this policy
is required by written contract, permit or agreement with the Named Insured. The notice will be mailed
to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered
sufficient proof of our good faith attempt to provide written notice.
This endorsement is only applicable in the state of Texas.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Same as Policy Effective Date unless otherwise indicated above.
Policy Effective Date: 6/1/2021
Insured J.D. Abrams, L.P.
Carrier Name/Code: ACIG Insurance Company
WC 42 06 01
Policy No. 0000111114521 Endorsement No.
Premium $
(Ed, 0 1 -94)
61659390 1 ABR.AMS 1 21/22 GL AL WC I Kathy Wilson 1 5/11/2021 4:20:11 PM (CDT) I Page 7 of 7
0.0700 GENERAL CONDITIONS
Gi■r�i
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article Page
Number & Title Number
1. DEFINITIONS ... an nowassessess masses mosses means@ mosses masses gooses gooses wassessameas @smogs gooses messes season manage ones so swung sea assess season Bonuses wassesses 2...........................................................................................2
2. PRELIMINARY MATTERS... masses gooses assess gooses assess @woman wassommusess museum Demons usesse Daemon wassesseness eggnog gasses seemonessame season 5...................................................................5
3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE....................................................................... 7
4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS........................................................................................................ 8
5. BONDS AND INSURANCE... noweenesseene museum sewage weapon masses Eugene gasses masses masses mosses masons assess sesame gooses snags& wassam museum enemas owes@ 10....................................................................10
6. CONTRACTOR'S RESPONSIBILITIES... ... an a ago Now *assess ago a me masses mass an a a seem Damon so an was masses a oness @smogs some a 2 assume mosses was a an me an 16........................................................16
7. OTHER WORK............................................................................................................................................ 24
8. OWNER'S RESPONSIBILITIES.................................................................................................................. 25
9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION.............................................................. 26
10. CHANGES IN THE WORK.......................................................................................................................... 27
11. CHANGE OF CONTRACT AMOUNT.......................................................................................................... 28
12. CHANGE OF CONTRACT TIMES............................................................................................................... 31
13. TESTS AND INSPECTIONS; AND CORRECTION
OR REMOVAL OF DEFECTIVE WORK...................................................................................................... 32
14. PAYMENTS TO CONTRACTOR AND COMPLETION................................................................................ 35
150 SUSPENSION OF WORK AND TERMINATION ...masses someone mosses Nauseousness masses masses assess maggessessen gasses ones@@ gasses smogs was 39......................................39
16. DISPUTE RESOLUTION............................................................................................................................. 41
17 RIGHT TO AUDIT........................................................................................................................................ 42
18. M I S C E L L A N E 0 U S 4 3.....................................................................................43
00700 04=2020
00443641
Page 1
General Conditions
Q01
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the term printed with initial capital
letters or all capital letters, including the term's singular and plural forms, will have the meaning indicated in the
definitions below or as defined in these General Conditions or other Contract Documents:
imi Ad
that clarify,
Jenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening
correct or change the proposal or bidding requirements or the Contract Documents.
1.2 Agreement - Prescribed form, referenced as Section 00500.
of Bids
1.3 Alternative Dispute Resolution - The process by which a disputed Claim may be settled if the OWNER and
the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation.
In4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the
Contract Documents.
105 Bid Documents - The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract
Documents and Addenda.
1n6 Calendar Day - Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal
Holidays shall only be conducted with prior express written consent of the OWNER.
1.7 Change Directive - A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in
� the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A
Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change
Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the
change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order.
1w8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER
authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement
and within the Contract term.
109 Claim - A written demand seeking, as a matter of right, adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms of the Contract.
1w10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the
CONTRACTOR for performance of the Work, as evidenced by the Contract Documents.
IM11 Contract Amount - The amount payable by the OWNER to the CONTRACTOR for completion of the Work
in accordance with the Contract Documents.
IwI2 Contract Documents — Includes the Invitation to Bid, Instructions to Bidders, Agreement, General
Conditions, Supplemental General Conditions, Special Conditions, Specifications, Project Manual, Drawings,
Addenda and Change Orders.
1w13 Contract Time - The number of days allowed for completion of the Work as defined by the Contract. When
any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A
day of twenty-four (24) hours measured from midnight to the next midnight will constitute a day.
In14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has
,..�.,, entered into the Contract.
00700 04=2020 Page,2 General Conditions
1.15 Drawings -Those portions of the Contract Documents which
extent and character of the Work to be furnished and performed by
approved by the OWNER. Drawings may include plans, elevations,
Shop Drawings are not Drawings as so defined.
are graphic representations of the scope,
the CONTRACTOR and which have been
sections, details, schedules and diagrams.
ImI6 Engineer/Architect (E/A) The OWNER's design professional identified as such in the Agreement. The
titles of "Architect/Engineer," "Architect" and "Engineer" used in the Contract Documents shall be read the same as
Engineer/Architect (E/A), Nothing contained in the Contract Documents shall create any contractual or agency
relationship between E/A and the CONTRACTOR.
1s17 Equal - The terms "equal" or "approved equal" shall have the same meaning.
InI8 Execution Date - Date of last signature of the parties to the Agreement.
ImI9 Field Order - A written order issued by Owner's Representative which orders minor changes in the Work
and which does not involve a change in the Contract Amount or the Contract Time.
110 Final Acceptance — The stage in the Contract process when, in the OWNER's opinion, Final Completion of
the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued.
In2l Final Completion - The stage in the progress of the Work when, in the OWNER's opinion, the entire Work
has been completed, the CONTRACTOR ) s obligations under the Contract Documents have been fulfilled, and the
OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of
Acceptance approved by the OWNER.
112 Inspector - The authorized representative of any regulatory agency that has jurisdiction over any portion of
the Work.
IN23
113all
Legal Holidays
The following are recognized by the OWNER:
Holiday
New Year's Day
Martin Luther King, Jr. I s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
Date Observed
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
00700 .04=2020 Page 3
General Conditions
1112 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on
� Sunday, it will be observed on the following Monday.
1113 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve
holiday.
1114 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day
holiday.
114 Milestones - A significant event specified in the Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the Work.
115 Notice to Proceed - A Written Notice given by the OWNER to the CONTRACTOR notifying the
CONTRACTOR to commence the Work and which may also fix the date on which the Contract Times will commence
to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract
Documents.
1.26 OWNER — The City of Round Rock, Texas, a municipal corporation, home -rule city and political subdivision
organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee,
officers, agents or employees to administer design and construction of the Project.
117 Owner's Representative - The designated representative of the OWNER.
118 Partial Occupancv or Use - Use by the OWNER of a partially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
I m29 Project - The total construction of which the Work to be provided under the Contract Documents may be
� the whole, or a part, as indicated elsewhere in the Contract Documents.
1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory
information; bidding requirements, Contract forms and General and Supplemental General Conditions; General
Requirements; Specifications; Drawings; Project Safety Manual; and Addenda.
Is
131 Proposal — Proposal of Offeror, on prescribed forms setting forth prices for performing the Work described
in the Contract Documents.
132 Proposal Documents — The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal
form, the Contract Documents and Addenda.
133 Resident Project Representative The authorized representative of E/A who may be assigned to the site
or any part thereof.
134 Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are
specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required
by the Contract Documents.
1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as
applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all
materials, equipment, construction systems, standards, workmanship, equipment and services in order to render a
completed and useful project.
136 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions
thereof, may still require minor modifications or adjustments but, in the OWNER ) s opinion, the Work has progressed
to the point such that all parts of the Work under consideration are fully operational and the beneficial use and
,.�..., occupancy of which can be assumed by the Owner, as evidenced by a Certificate of Substantial Completion
approved by the OWNER.
00700 04=2020 Page 4 General Conditions
� 137 Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR for the
performance of a part of the Work.
1.38 Sub -subcontractor - A person or entity who has a direct or indirect contract with a Subcontractor or a Sub -
subcontractor of any tier to perform a portion of the Work.
139 Superintendent The representative of the CONTRACTOR authorized in writing to receive and fulfill
instructions from Owner's Representative, and who shall supervise and direct construction of the Work.
Is40 Supplemental General Conditions - The part of the Contract Documents which either amends or
supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall
be considered as remaining in full force and effect.
1.41 Supplier - An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor
or Sub -subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or
any Subcontractor.
1n42 Time Extension Request - An approved request for time extension on a form acceptable to the OWNER.
1m43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to
be furnished under the Contract Documents.
1s44 Working Day Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which
conditions not under the CONTRACTOR's control will permit work for at least seven (7) hours of the Working Times.
Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be
allowed and, in that event, a Working Day will be counted for each such day.
1m45 Working Times —Times of day(s) during which work may be performed. Unless authorized by Owner's
Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously
authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work
during hours outside Working Times, such hours shall be considered time worked on Working Day contracts.
Notwithstanding the preceding, emergency work may be done without prior permission only as provided in
paragraph 6.11.5 herein.
1n46 Written Notice - Written communication between the OWNER and the CONTRACTOR. Written Notice shall
be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's
duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the
attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business
address known to the party giving notice.
ARTICLE 2 -PRELIMINARY MATTERS
2ol Delivery of Agreement, Bonds, Insurance, and Other Documentation:
Within ten (10) Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the
OWNER signed Agreement, Bond(s), Insurance Certificates) and other documentation required for execution of
the Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise
,.� specified.
00700 04=2020 Page 5 General Conditions
&a
2.3 Commencement of Contract Times; Notice to Proceed:
The Contract Time(s) commence on the date indicated in the Agreement or in the Notice to Proceed. Notice to
Proceed will be given at any time within sixty (60) Calendar Days after the Execution Date of the Agreement, unless
extended by written agreement of the parties.
2.4 Before Starting Construction.
2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's an proval.
Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The
CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or
discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from
Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to
the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which
the CONTRACTOR knew or reasonably should have known.
2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later
than the preconstruction conference:
.1 a preliminary progress schedule indicating the times (number of days or dates) for starting and
completing the various stages of the Work, including any Milestones specified in the Contract
Documents, identifying when all Subcontractors will be utilized, and taking into consideration any
limitations on Working Hours;
.2 a preliminary schedule of Shop Drawing and sample submittals;
� .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail
to serve as the basis for progress payments during construction. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work. The preliminary schedule of values
submitted by the CONTRACTOR should include a reasonable estimation of value of each item included
and shall not contain disproportionate values assigned to any item or items;
.4 a letter designating CONTRACTOR's Superintendent;
.5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists;
.6 if applicable, a letter designating the "Competent Person(s) If on general safety and trench safety
measures;
.7 if anplicable, a trench safety system plan;
.8 if applicable, a plan illustratingprosed locations of tenporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non -Use of Asbestos Affidavit (Prior to Construction); and
.11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the
Work.
2.5 Preconstruction Conference.
Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's
�.., Representative and others will be held.
00700 04=2020 Page 6 General Conditions
2.6 Initially Acceptable Schedules.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's
Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first
progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly
progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the
schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the
sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the
CONTRACTOR'S full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample
submissions must provide an arrangement agreeable to the parties for reviewing and processing the required
submittals.
2.7 Electronic Transmittals:
2.7.1 Except as otherwise stated elsewhere in the Contract Documents, the OWNER, E/A, and CONTRACTOR
may transmit, and shall except, Project --related correspondence, texts, data, documents, drawings, information, and
graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either
directly, or through access to a secure Project website.
2.7.2 When transmitting items in electronic media or digital format, the transmitting party makes no
representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use
of software application packages, operating systems, or computer hardware differing from those used in the drafting
or transmittal of the items.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 Intent:
3olol The intent of the Contract Documents is to include all information necessary for the proper execution and
completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required
by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall
govern (top item receiving priority of interpretation):
Change Orders
Modifications to the Contract Documents made after the Execution Date
Signed Agreement
Addenda to the Contract Documents
Special Conditions
Supplemental General Conditions
General Conditions
Other Bidding Requirements and Contract Forms
Special Provisions to the Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings (figured dimensions shall govern over scaled dimensions)
Project Safety manual, if applicable
111 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
3.2 Reporting and Resolving Discrepancies:
Prior to commencing the Work, the CONTRACTOR shall review the Contract Documents for the purpose of
discovering any conflict, error, ambiguity or discrepancy in the Contract Documents. If, at any time, the
,,•�•., CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between
the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work
00700 04=2020 Page 7 General Conditions
or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall
immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work
affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the
methods indicated in paragraph 3.3.1 or paragraph 3.3,2. The CONTRACTOR shall be liable to the OWNER for
failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably
should have known.
3.3 Amending and Supplementing Contract Documents:
111 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
.1 Change Order.
.2 Change Directive.
112 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, in one or more of the following ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
� The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing
any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or
ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereo prepared by
or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or any other project without written consent of the OWNER and
E/As
ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS
4al Availability of Lands:
The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which
the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are
designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER
fails to furnish these lands, rights -of -way or easements in a timely manner, the CONTRACTOR may make a Claim
for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar
with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and
,�►� investigations deemed necessary and proper. Unless the CONTRACTOR, prior to the execution of the Agreement,
has notified the OWNER in writing of any condition of the site of the proposed Work that would adversely impact
00700 04=2020 Page 8 General Conditions
the performance of the Work by the CONTRACTOR, CONTRACTOR covenants that there are no conditions at the
site of the proposed work which would adversely impact the performance of Work by the CONTRACTOR.
411 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical
conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions
of an unusual nature, that differ materially from those normally encountered in the type of work being performed
under this Contract, then notice by the observing party shall be given to the other party promptly before conditions
are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's
Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase
or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, OWNER will
consider an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative
determines that the conditions at the site are not materially different from those indicated in the Contract Documents
and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating
the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance
with Article 16.
413 Notwithstanding any other provision of this Contract, the CONTRACTOR shall be solely responsible for the
location and protection of any and all public lines and utility customer service lines in the Work area. For the
purposes of this section, " public lines " means the utility distribution and supply system within public rights -of -way or
easements, and " utility customer service lines" (service) means any utility line connecting a utility customer to the
utility distribution system. Generally, existing service connections within right-of-way or easements are not shown
on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and exercise due care to locate and
to mark, uncover or otherwise protect all such lines in the construction zone and any of the CONTRACTOR's work
or storage areas. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The
CONTRACTOR shall indemnify or reimburse the OWNER for such expenses or costs (including fines that may be
levied against the OWNER) that may result from unauthorized or accidental damage to all public lines and utility
customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR
� may cause, at the CONTRACTOR's expense.
4n2n4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities
of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without
written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are
uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's
Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them
until written permission and permit to do so is granted. All primitive rights and antiquities uncovered on the OWNER's
property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to
the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department
of Antiquities Protection, that exploration or excavation of primitive records or antiquities on Project site is necessary
to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage
or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work,
the Contract Amount and/or Contract Time may be equitably adjusted.
4.3 Reference Points:
Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and
control points which, in the OWNER's opinion, are suitable for laying out the Work. Such benchmarks and reference
points will be placed at intervals not to exceed 1,500 feet.
All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the
CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the
CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall
be replaced by a Registered Professional Land Surveyor at the CONTRACTOR'S expense. When reference points,
benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the
OWNER's responsibility during or upon completion of the Work.
4n4 Hazardous Materials.
00700 04=2020 Page 9 General Conditions
4n4ml The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was
not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The
CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials
encountered before or during performance of the Work and shall take all necessary precautions to avoid further
disturbance of the materials.
4m4m2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4m43 No asbestos -containing materials shall be incorporated into the Work or brought on the Project site without
prior approval of the OWNER.
4m4m4 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL
INDEMNIFY AND HOLD HARMLESS OWNER, AND ITS COUNCIL MEMBERS., EMPLOYEES, AGENTS, AND
CONSULTANTS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT
NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND,illkLL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING
OUT OF OR RELATING TO FAILURE TO CONTROL, CONTAIN OR REMOVE A HAZARDOUS MATERIAL
BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE,
OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR
WHOM CONTRACTOR IS RESPONSIBLE.
ARTICLE 5 - BONDS AND INSURANCE
5ni Surety and Insurance Companies:
All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance
companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the
limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER
and shall be issued by a surety which complies with the requirements of Chapter 3503, Texas Insurance Code
(2005) and which is otherwise acceptable to the OWNER.
OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's
capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the
U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in
Texas and holds a certificate of authority from the U.S. Secretary of the Treasury.
5.2 Workers' Compensation Insurance Coverage:
5m2ml Definitions:
.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to
self -insure issued by the commission, or a coverage agreement showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing services on the
Project, for the duration of the Project.
.2 Duration of the Project - includes the time from the beginning of the Work on the Project until the
CONTRACTOR's/ person's Work on the Project has been completed and accepted by the OWNER.
.3 Persons providing services on the Project ("subcontractor" herein) -includes all persons or entities
performing all or part of the services the CONTRACTOR has undertaken to perform on the Project,
regardless of whether that person contracted directly with the CONTRACTOR and regardless of
whether that person has employees. This includes, by way of illustration and not of limitation,
00700 04=2020 Page 10 General Conditions
independent contractors, Subcontractors, leasing companies, motor carriers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons to provide services
on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. " Services" does not
include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401,011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of
the Project.
513 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of
coverage.
&14 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the
duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of
coverage with the OWNER showing that coverage has been extended.
&15 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the
OWNER:
.1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have
on file certificates of coverage showing coverage for all persons providing services on the Project; and
.2 no later than seven (7) days after receipt by the CONTRACTOR, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during
� the duration of the Project.
5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for
one (1) year thereafter.
5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10)
days after the CONTRACTOR knew or should have known of any change that materially affects the provision of
coverage of any person providing services on the Project.
&18 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the
Project that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on
a Project to:
.1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all of its employees providing services on the Project, for the duration of the Project;
.2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing services
on the Project, for the duration of the Project;
.3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
,.�., ends during the duration of the Project;
00700 04m2O2O Page 11 General Conditions
.4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR:
a) a certificate of coverage, prior to the other person beginning Work on the Project; and
b) anew certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certificate of coverage ends during the duration
of the Project;
.5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year
thereafter;
.6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person
knew or should have known of any change that materially affects the provision of coverage of any
person providing services on the Project; and
.7 contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1
- 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing
services.
5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services
on the Project will be covered by workers ' compensation coverage for the duration of the Project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of
Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
IA� 5m2ml 1 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the
CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the
breach within ten (10) days after receipt of notice of breach from the OWNER.
5.3 Contractor Insurance Requirements:
For specific bond requirements and additional insurance requirements, refer to the Supplemental General
Conditions.
5m3ol ml General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of
the Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER
before the Contract is executed as verification of coverage required below. CONTRACTOR shall
not commence Work until the required insurance is obtained and until such insurance has been
reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability
of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of
CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of
Insurance to OWNER whenever a previously identified policy period has expired as verification of
continuing coverage.
.3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the
State of Texas at the time the policies are issued and shall be written by companies with A.M. Best
ratings of B+VII or better, except for hazardous material insurance which shall be written by
companies with A.M. Best ratings of A- or better.
00700 04=2020 Page 12 General Conditions
.4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E.
Main St., Round Rock, Texas 78664.
.5 The " other" insurance clause shall not apply to the OWNER where the OWNER is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering both
OWNER and CONTRACTOR, shall be considered primary coverage as applicable.
.6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
.7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations, or exclusions except where policy
provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
.8 OWNER reserves the right to review the insurance requirements set forth during the effective
period of this Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law,
court decisions, the claims history of the industry or financial condition of the insurance company
as well as CONTRACTOR.
.9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
.10 CONTRACTOR shall be responsible for premiums, deductibles and self -insured retentions, if any,
'�' stated in policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of
Insurance.
G�
.11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate
limits below occurrence limits for all applicable coverages indicted within the Contract.
.12 If OWNER -owned property is being transported or stored off -site by CONTRACTOR, then the
appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect
OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not intended
to limit the responsibility or liability of CONTRACTOR.
53ml s2 Business Automobile Liability Insurance.
Provide coverage for all owned, non -owned and hired vehicles. The policy shall contain the following
endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 Be
Provide coverage in the following types and amounts:
00700 04=2020 Page 13 General Conditions
Gr■rr�
01 A minimum combined single limit of $500,000 per occurrence for bodily injury and property damage.
Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per
occurrence and at least $100,000 property damage liability each accident.
&1113 Workers' Compensation and Employers' Liability Insurances.
Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act
(Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of
a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person
providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance
must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance
coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's
policy shall apply to the State of Texas and include these endorsements in favor of OWNER:
a) Waiver of Subrogation, form WC 420304; and
b) 30 day Notice of Cancellation, form WC 420601 a
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows:
.1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000
bodily injury by disease each employee.
5n3n1s4 Commercial General Liability Insurance.
The Policy shall contain the following provisions:
5.4
a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts
relative to this Project.
b) Completed Operations/Products Liability for the duration of the warranty period.
c) Explosion, Collapse and Underground (X, C & U) coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503a
fl OWNER listed as an additional insured, endorsement CG 20100
g) 30 day notice of cancellation in favor of OWNER, endorsement CG 02050
h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 24046
Provide coverages A&B with minimum limits as follows:
.1 A combined bodily injury and property damage limit of $500,000 per occurrence.
Builders' Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical
loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER.
OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit
and storage in an amount sufficient to protect property being transported or stored.
Bonds:
00700
04=2020
Page 14
General Conditions
5n4nl General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All
bonds signed by an agent must be accompanied by a certified copy of such agent's authority to
act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent
or its right to do business is terminated in the State of Texas or it ceases to meet the requirements
of the preceding paragraph, CONTRACTOR shall within ten (10) days thereafter substitute another
bond and surety, both of which must be acceptable to OWNER.
.3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount
of one hundred percent (100%) of the Contract Amount as security for the faithful performance
and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance
Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business
in the State of Texas, and shall meet any other requirements established by law or by OWNER
pursuant to applicable law. Any surety duly authorized to do business in Texas may write
Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any obligations over 10 percent.
.4 If CONTRACTOR has failed to obtain or maintain a required bond, OWNER may exclude the
CONTRACTOR from the site of the Project and exercise OWNER ) s suspension and/or termination
rights under the Contract Documents.
&41 Performance Bond.
If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR
shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original
Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can
agree to the following terms and conditions for payment in lieu of providing a Performance Bond:
no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER;
CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final Completion,
and the remaining 5% of the Contract Amount following the one year warranty period.
.3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to
furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until
completion and acceptance of the Work by OWNER under the following terms and conditions:
CONTRACTOR. shall be entitled to receive 95% of the Contract Amount following Final Completion,
and the remaining 5% of the Contract Amount following the one year warranty period.
A If a Performance Bond is required to be furnished, it shall extend for the one year warranty period.
&43 Payment Bond.
.1 If the Contract Amount exceeds $50,000, CONTRACTOR shall furnish OWNER with a Payment
Bond in the form set out by OWNER.
.2 If the Contract Amount is less than or equal to $50,000, CONTRACTOR will not be required to
furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion
and acceptance of the Work by OWNER under the terms and conditions specified in paragraph
,,...►, 5,4.2.3.
00700 04=2020 Page 15 General Conditions
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES,
6al Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the
CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with
the Contract Documents.
6n1w2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times
that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume
of the proposed Superintendent to Owners Representative showing evidence of experience and successful
superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owners
Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she
will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the
Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the
proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the
designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's
Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the
Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's
representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications
given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the
Superintendent shall provide an emergency and home telephone number at which one or the other may be reached
� if necessary when work is not in progress.
6.2 Labor, Materials and Equipment:
6n2nl The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the
type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub -subcontractors, and their
employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under
the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR
that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations,
has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such
worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times
maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR
shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as
evidence thereof.
6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing,
performance, re -testing of defective work, start-up and completion of the Work.
613 All materials and equipment shall be of good quality and new (including new products made of recycled
materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the
CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of
compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and
equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
,00.4� conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract
Documents.
00700 04=2020 Page 16 General Conditions
61A Substitutes and "Approved Equal" Items:
6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the specification or description contains words reading that
no like, equivalent or " approved equal" item or no substitution is permitted, other items of material or equipment of
other Suppliers may be submitted to Owner's Representative under the following circumstances:
.1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no
change in related Work will be required, it may be considered by the OWNER as an " approved equal"
item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished
without compliance with some or all of the requirements for evaluation of proposed substitute items..
The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to
make its determination.
.2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment
proposed by the CONTRACTOR does not qualify as an " approved equal" item under paragraph
6.2,4. 1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit
sufficient information to allow the OWNER to determine that the item of material or item of equipment
proposed is essentially equivalent to that named and a substitute therefor.
6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or
procedure of construction is shown or indicated in and expressly required by the Contract Documents, the
CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's
� Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is
equivalent to that expressly called for by the Contract Documents.
G�
6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole
judge of acceptability. No " approved equal " or substitute shall be ordered, installed, or utilized until the OWNER's
review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review
procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special
performance guarantee or other surety bond with respect to any " approved equal" or substitute. The OWNER shall
not be responsible for any delay due to review time for any "approved equal " or substitute.
6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed
" approved equal " or substitute item will be at the CONTRACTOR's expense.
&15 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against
its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements.
The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits
against Suppliers for illegal price fixing.
6.3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance
with paragraph 2.6 as it may be adjusted from time to time as provided below:
.1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in
the progress schedule that will not change the Contract Times or Milestones. Such adjustments will
conform generally to the progress schedule then in effect.
00700 04=2020 Page 17 General Conditions
.2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall
be submitted in accordance with the requirements of Article 12. Such adjustments may only be made
by a Change Order or Time Extension Request in accordance with Article 12.
6.4 Concerning Subcontractors, Suppliers and Others.
6m4al Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment
of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without
the prior written consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction
conference. Should the OWNER have objections, the OWNER will communicate such objections by Written Notice.
If the OWNER requires a change without good cause of any Subcontractor, person or organization previously
accepted by OWNER, the Contract Amount may be increased or decreased by the difference in the cost occasioned
by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute
any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been
accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person
or organization shall constitute a waiver of any right of the OWNER to reject defective Work.
6m4m3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents
for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall
be adhered to by all Subcontractors and Sub -subcontractors as indicated in other portions of the Contract
Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and
� Subcontractor or Supplier.
6AA The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the
CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any
such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and
any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of
the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other
person or organization except as may otherwise be required by laws and regulations.
6m4m5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
director indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers
and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's
Representative through the CONTRACTOR.
6AX The divisions and sections of the Specifications and the identifications of any Drawings shall not control the
CONTRACTOR in dividing or delineating the Work to be performed by any specific trade.
6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made
to the CONTRACTOR not later than ten (10) Days after the CONTRACTOR's receipt of payment from the OWNER.
6m5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at all times for compliance with an plicable patents or copyrights
encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the
performance of the Work or the formulation or presentation of its Bid.
00700 04=2020 Page 18 General Conditions
6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of
Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or
process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or
their duly authorized representative whether or not a particular design, device, material, or process is specified by
the OWNER.
6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall
indemnify and save the OWNER harmless from any and all claims, costs, losses, expenses and damages (including
but not limited to attorneys fees and consultant fees), direct or indirect, arising with respect to the CONTRACTOR's
process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith.
The OWNER reserves the right to provide its own defense, with counsel of its own choosing, to any suit or claim of
infringement of any patentor copyright in which event the CONTRACTOR shall indemnify and save harmless the
OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the
OWNER.
6m5m4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event
the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use
of any infringing design, device, material or process.
6w6 Permits, Fees:
Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for
all construction permits, licenses and fees required for prosecution of the Work.
OWNER will obtain and pay for the following permits, licenses and/or fees, if required:
.1 Site Development Permit.
^' I Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights -of -way.
.4 Railroad Utility License Agreement.
6.7 Laws and Regulations.
6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing
and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither
the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and
regulations.
611 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State
and local laws and regulations, including those concerning control and abatement of water pollution and prevention
and control of air pollution.
613 If the CONTRACTOR performs any Work that it is contrary to laws or regulations, then the CONTRACTOR
shall bear and shall indemnify, defend and hold OWNER harmless from all claims, costs, losses and damages
arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the
Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the
CONTRACTOR of the CONTRACTOR's obligations under Article 3.
6m8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the
,.�►,� CONTRACTOR in accordance with the laws and regulations of the State of Texas.
00700 04=2020 Page 19 General Conditions
&81 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and
is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas
Tax Code, and Chapter 321, Texas Tax Code.
6x9 Use of Premises:
6.9.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas identified in and permitted by the Contract Documents and
other land and areas permitted by laws and regulations, rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim
be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall
promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding
or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and
anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages
(including court costs and reasonable attorneys' fees) arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified
hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR
shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The
CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the
Contact Documents.
6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses
or pressures that will endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain. in a safe place at the site, or other location acceptable to the OWNER, one (1)
record copy of all Drawings, Specifications, Addenda, Change Orders, Change Directives,' Field Orders and written
interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all
changes made during construction. These record documents, together with all final samples and all final Shop
Drawings, will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial
Completion of the Work, these record documents, samples and Shop Drawings showing the final `bs built"
construction of the Project shall be promptly delivered to Owner's Representative.
6.11 Safety and Protection:
6al 1 .1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Upon request, and prior to installation of measures, the CONTRACTOR
shall submit a site security and safety plan for approval by the OWNER. By reviewing the plan or making
recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of
liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and
shall provide the necessary protection to prevent damage, injury or loss to:
.1 all persons on the Work site or who may be affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
,.�., site; and
00700 04=2020 Page 20 General Conditions
.3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not designated for removal,
relocation or replacement in the course of construction.
6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having
jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of
adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly,
in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may
be responsible, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone
employed by any of them or anyone for whose acts any of them may be responsible, and not attributable, directly
or indirectly, in whole or in part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or
other person or organization directly or indirectly employed by any of them). The CONTRACTOR'S duties and
responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and
Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14
that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6ol 1 .3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety
representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining
and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall
provide certifications or other documentation of the safety representative's qualifications. At a minimum, the safety
representative shall have received the OSHA thirty (30) hour training and a certificate evidencing that the safety
representative has received such training within the last five (5) years shall be provided to the OWNER
/OMIN� representative.
6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any
exchange of material safety data sheets or other hazard communication information required to be made available
to or exchanged between or among employers at the site in accordance with laws and regulations.
6ol 1 .5 Emergencies:
6ml 1 n5al In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act
reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The
CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's
Representative determines that a change in the Contract Documents is required because of the action taken by the
CONTRACTOR in response to such an emergency, a Change Directive or Change Order will be issued to document
the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's
emergency action.
6ml I m5n2 Authorized agents of the CONTRACTOR shall respond immediately to call -out at any time of any day
or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the
Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to
the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent
fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to
take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such remedial
action from the funds due to the CONTRACTOR under this Contract.
6n11n5m3 In the event there is an accident involving injury to any individual on or near the Work, the
,•�►., CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours of the event and shall be
responsible for recording the location of the event and the circumstances surrounding the event through
00700 04=2020 Page 21 General Conditions
photographs, interviewing witnesses, obtaining medical reports and other documentation that describes the event.
Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records,
within forty-eight (48) hours of the event.
6.12 Continuing the Work:
The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as the OWNER and the CONTRACTOR may agree in writing.
6.13 CONTRACTOR's General Warranty and Guarantee:
6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and
workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's
warranty and guarantee hereunder excludes defects or damage caused by:
.1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal usage.
6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in
accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of
Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform
the Work in accordance with the Contract Documents:
.1 observations by Owner's Representative and/or E/A;
`^'` .2 recommendation of any progress or final payment by Owner's Representative;
FM�_,
.3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the
CONTRACTOR under the Contract Documents;
.4 use or occupancy of the Work or any part thereof by the OWNER;
.5 any acceptance by the OWNER or any failure to do so;
.6 any review of a Shop Drawing or sample submittal;
.7 any inspection, test or approval by others; or
.8 any correction of defective Work by the OWNER.
.9 the failure of the OWNER, E/A or any other person or entity acting on behalf of the OWNER or E/A to
observe, detect or discover any defect in the Work or any non-conformance of the Work with any
requirement of the Contract Documents.
CONTRACTOR hereby waives any claim or defense to any claim by the OWNER that any failure by the
OWNER, E/A, or any other person or entity acting on behalf of the OWNER or E/A to observe, detect or
discover any defect in the Work relieves or releases, in whole or in part, CONTRACTOR from any
obligations or responsibility for the correction of such defects or any other obligation of CONTRACTOR
under the Contract Documents.
6m14 Indemnification:
00700 04=2020 Page 22 General Conditions
6ol4al TO THE FULLEST EXTENT PERMITTED BY LAW, AND IN ADDITION TO ANY OTHER OBLIGATIONS
OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY, DEFEND
AND HOLD HARMLESS OWNER, ITS COUNCIL MEMBERS ,EMPLOYEES, AGENTS, AND CONSULTANTS
INCLUDING , BUT NOT LIMITED TO THE E/A (THE 'INDEMNIFIED PARTIES" OR INDEMNIFIED PARTY",
AGAINST
FROM AND ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO
ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, CONSULTANTS, EXPERTS AND
OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, REGARDLESS OF WHETHER
SUCH CLAIMS, COSTS, LOSSES, AND DAMAGES ARE CAUSED, IN WHOLE OR IN PARTY BY THE ACTS,
ACTIONS, ERRORS OR OMISSIONS OF AN INDEMNIFIED PARTY.
BECAUSE OWNER IS A MUNICIPALITY, THE TERMS AND PROVISIONS OF SUBCHAPTER C OF CHAPTER
151 OF THE TEXAS INSURANCE CODE (`CHAPTER 1511) DOES NOT APPLY TO THE OWNER. IF,
HOWEVER, ANY PROVISION OF CHAPTER 151 APPLIES TO THE OWNER, IT IS THE INTENT OF THE
OWNER THAT IF THE PROVISIONS OF CHAPTER 151 DO APPLY, NOTHING HEREIN SHALL IMPOSE ANY
REQUIREMENTS ON CONTRACTOR THAT ARE PROHIBITED BY CHAPTER 151 AND THAT ANY OF THE
PROVISIONS HEREOF THAT ARE NOT PROHIBITED BY CHAPTER 151 SHALL REMAIN IN FULL FORCE
AND EFFECT. ACCORDINGLY, IN THE EVENT THAT IN CONSTRUING AND INTERPRETING THE
CONTRACT DOCUMENTS, A COURT OF COMPETENT JURISDICTION OR, IF APPLICABLE, AN
ARBITRATOR, DETERMINES THAT CHAPTER 151 APPLIES TO THE OWNER, THEN THE COURT OR
ARBITRATOR SHALL REFORM THE PROVISIONS HEREOF SO AS TO COMPLY WITH CHAPTER 151 AND
SUCH REFORMATION SHALL NOT AFFECT THE VALIDITY OF ANY PROVISIONS HEREOF THAT ARE NOT
PROHIBITED BY CHAPTER 151.
6.14.2 The indemnification obligation under paragraph 6,14.1 shall not be limited in any way by any limitation on
� the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such
Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or
other employee benefit acts.
6.14.3 The obligations of the CONTRACTOR under paragraph 6.14,1 shall not extend to the liability of the
OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by
negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable
state -authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners,
employees or agents.
6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site,
scheduling or course of construction, or engages in other conduct which proximately causes damage to property
based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the
OWNER against all costs resulting from such claims.
6.14.5 In the event the CONTRACTOR
site so as to cause loss for which the
OWNER for such loss.
6.15 Survival of Obligations:
unreasonably delays progress of the work being done by others on the
OWNER becomes liable, then the CONTRACTOR shall reimburse the
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the Work and termination or completion of the Agreement.
6w16 Losses from Natural Causes:
Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be
done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from
00700 04=2020 Page 23 General Conditions
unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and
borne by the CONTRACTOR at its own cost and expense.
6ml 7 Notice of Claim:
Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of
the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim
will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage.
The provisions of this paragraph 6,17 shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of limitations, statute of repose, or any other provision of the Contract Documents.
6n18 Liquidated Damages:
At set forth in the Agreement, paragraph 1.2, the CONTRACTOR or its Surety shall be liable for Liquidated Damages
for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See
Supplemental Conditions for amount of Liquidated Damages.
ARTICLE 7 - OTHER WORK
7al The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let
other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay
or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7n2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility
owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper
� and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless
otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the
Work that may be required to make its several parts come together properly and integrate with such other work.
The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work
and will only cut or alter their work with the written consent of Owner's Representative and the other contractors
whose work will be affected. The CONTRACTOR shall promptly remedy damage caused by the CONTRACTOR
to completed or partially completed construction or to property of the OWNER or separate contractors.
7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed
by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's
Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to
report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's
Work except for latent or non -apparent defects and deficiencies in such other work.
7n4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each
separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR
shall participate with other separate contractors and Owner's Representative in reviewing their construction
schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the
schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised.
7m5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
7m6 If CONTRACTOR damages, delays, disrupts or interferes with the work of any other contractor, or any utility
,.�►,, owner performing other work at or adjacent to the site of the Project, through CONTRACTOR's failure to take
reasonable and customary measures to avoid such impacts, or if any claim arising out of CONTRACTOR's actions,
00700 04=2020 Page 24 General Conditions
inactions or negligence in performance of the Work at or adjacent to the site of the Project is made by any such
� other contractor or utility owner against CONTRACTOR, OWNER, or E/A, then CONTRACTOR shall (1) promptly
attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) INDEMNIFY AND
HOLD HARMLESS THE INDEMNIFIED PARTIES, INCLUDING, BUT NOT LIMITED TO THE E/A FROM AND
AGAINST ANY SUCH CLAIMS, AND AGAINST ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT
LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER
PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8ol Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's
Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall
issue all communications to the CONTRACTOR through Owner's Representative.
8n2 The OWNER will not supervise, direct, control or have authority over or be responsible for the
CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions
and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with
laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or
omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the
CONTRACTOR from the obligation to properly and fully perform the Contract.
8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the Work.
� 8m4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable
promptness to avoid delay in the orderly progress of the Work.
8w5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and
especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference
Points), Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion).
8w6 Notice of Claim:
Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the
CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the
CONTRACTOR is liable, a notice of such injury or damage will be sent to the CONTRACTOR within thirty (30)
calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be
construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose.
8.7 The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents. The failure or omission of the OWNER, E/A or any other person or entity
acting on behalf of the OWNER or the E/A to observe, detect, discover, or object to or condemn any defective Work
or material shall not release the CONTRACTOR from CONTRACTOR's obligation to properly and fully perform the
Work pursuant to the Contract Documents. The OWNER shall not be responsible for the acts, errors or omissions
of the CONTRACTOR, or any Subcontractor, Supplier or any other person or entity performing or furnishing any of
the Work on behalf of the CONTRACTOR.
ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION
981 E/A's Authority and Responsibilities:
9ml al The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the
Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment
00700 04m2O2O Page 25 General Conditions
of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between
the OWNER and E/A, or any undertaking, exercise or performance thereof by E/A, is intended to be for the sole
and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub -
subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them.
9n1m2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's
means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs
incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations
applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to
perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or
object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to
properly and fully perform the Work.
9mls3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any
Supplier, or of any other person or organization performing or furnishing any of the Work.
9n1w4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying
documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by Article 14, but only to determine
generally that their content complies with the requirements of, and in the case of certificates of inspections, tests
and approvals that the results certified indicate compliance with, the Contract Documents.
9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's
Consultants, Resident Project Representative and assistants.
9.2 E/A as Owner's Representative:
� 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1.
9.3 Visits to Site:
If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction
as is necessary in order to observe as an experienced and qualified design professional the progress that has been
made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained
during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is
proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous
on -site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for
the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On
the basis of such visits and on -site observations, E/A will keep the OWNER informed of the progress of the Work
and will endeavor to guard the OWNER against defective Work. E/A's visits and on -site observations are subject
to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1.
9.4 Project Representative:
If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more
continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project
Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions.
The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A,
E/A's consultant, agent or employee.
905 Clarifications and Interpretations:
E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in
the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent
� with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable promptness
by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the
00700 04=2020 Page 26 General Conditions
CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount
or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or
Article 12.
9n6 Rejecting Defective Work:
E/A may recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes
will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
1001 Changes.
10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER, at any time or from time to
time, may order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by
Change Order, Change Directive or Field Order.
10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field
Order.
10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the
Contract Times with respect to any Work performed that is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an
emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4.
10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change OrderorChange Directive
is required before the CONTRACTOR commences any activities associated with a change in the Work which, in
the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times.
10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
102 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written Change Orders covering:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Amount, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the
Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence
or event causing the change in the Work encompassed by the Change Order.
103 Change Directives:
10.3.1 The OWNER may by written Change Directive, without invalidating the Contract, order changes in the Work
,•�►, within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount
00700 04=2020 Page 27 General Conditions
and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and
prompt agreement on the terms of a Change Order.
10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based
on the method provided for in paragraph 11.5.
1033 A Change Directive shall be recorded later by preparation and execution of an appropriate Change Order.
10.3.4 Upon receiptof a Change Directive, CONTRACTOR shall promptly proceed with the change in theWork
involved.
10s4 Field Order:
10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR
who shall perform the Work involved promptly.
110m41 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount
and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change
Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be
made in writing prior to beginning the work covered by the Field Order.
10s5 No Damages for Delays.
Except as otherwise provided in the Contract Documents, the CONTRACTOR shall receive no compensation for
delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop Work for
reasons for which the CONTRACTOR is not responsible, or such delay is not caused by active interference in the
Work by OWNER for reasons for which the CONTRACTOR is not responsible, then such delay will entitle the
CONTRACTOR only to an equivalent extension of time, the CONTRACTOR's application for which shall, however,
be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its
performance bond from all the CONTRACTORS obligations hereunder which shall remain in full force until
discharge of the Contract.
ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
1181 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount
payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents.
111 The original Contract Amount may not be increased by more than twenty-five percent (25%) and it may not
be decreased more than twenty-five percent (25%) without the consent of the CONTRACTOR to such decrease.
113 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the
Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly
(but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the Claim
and stating the general nature of the Claim., Notice of the amount of the Claim with supporting data shall be
delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent
that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence
or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract
Amount shall be determined as set out in Article 16.
11s4 Determination of Value of Works.
00700 04=2020 Page 28 General Conditions
11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract
X40�, Amount will be determined by one or more of the following methods:
.1 by application of unit prices contained in the Contract Documents to the quantities of the items involved.
.2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation.
.3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit (determined as provided
in paragraph 11.5).
11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to
negotiate a Change Order using the methods identified in paragraph 11.4,1,1 and paragraph 11.4.1.2, as
appropriate, to determine the adjustment in the Contract Amount.
1105 Cost of Works.
If neither of the methods defined in paragraph 11.4. 1.1 or paragraph 11.4.1.2 can be agreed upon before a change
in the Work is commenced which will result in an adjustment in the Contract Amount, the OWNER may issue a
Change Directive to the CONTRACTOR. If the OWNER elects to issue a Change Directive, CONTRACTOR shall
perform the Changed Work and payment will be made as follows:
.1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage
rates established in Section 00900 for each hour that said personnel are actually engaged in such
Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No
separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the
cost of premiums on public liability insurance, workers' compensation insurance, social security and
unemployment insurance, an amount equal to fifty -.five percent (55%) of the wages paid personnel,
excluding the twenty-five (25%) compensation provided above, will be paid to the CONTRACTOR. The
actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from
surety. No charge for superintendence will be made unless considered necessary and ordered by the
OWNER.
.2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on
such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In
case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus
the discount.
.3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER
and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest
edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as
published by Dataquest for each hour that said tools or equipment are in use on such work, which rate
includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the
equipment for the CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected
Subcontractor as payment in full for work done by Change Directive and will include use of small tools,
and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall
compare records of work done by Change Directive at the end of each day. Copies of these records
will be made upon forms provided for this purpose by the OWNER and signed by both Owner's,
Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1)
by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working
days of presentation does not invalidate the accuracy of the record.
00700 04=2020 Page 29 General Conditions
11m6 Unit Price Work:
11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the
Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established
unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated
in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose
of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and
classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative.
Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in
the Contract Documents without any measurements.
11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to
cover the CONTRACTOR's overhead and profit for each separately identified item.
11.6.4 AMajorltem isany individual bid item in the Bid thathasatotal costequal toorgreaterthan five
percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid
quantities and Contract unit prices.
11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in
accordance with Article 11 if:
.1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or
twenty percent (20%) less than in the Bid; or
� .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and
Owner's Representative verifies quantity and determines original quantity is in error by five percent
(5%) or more.
I lm6m6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER
shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the
pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the
CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate,
incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders,
then an appropriate contract price reduction will be made.
11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors
to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information
will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended
that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost
components. This information is not intended to establish fixed billing or change order pricing labor rates. However,
at the time change orders are priced the submitted cost data for labor rates may be used to price change order
work. The accuracy of any such agreed -upon labor cost components used to price change orders will be subject
to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost
components if the agreed -upon labor cost components are determined to be inaccurate.
ARTICLE 12 - CHANGE OF CONTRACT TIMES
12ol Working Day and Calendar Day Contracts:
12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request
,.�.., duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the
Contract Times (or Milestones) shall be made by Written Notice delivered by the party making the Claim to the other
00700 04=2020 Page 30 General Conditions
party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving
� rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data
shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall
represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said
occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in
the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the
Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph.
Gr�■�
0
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can
be made by the CONTRACTOR, then no extension in time will be allowed.
12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or
Milestones) due to delay for which the CONTRACTOR is not responsible, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such delay will be considered by OWNER. Any extension of
the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse
weather shall not be considered justification for extension of Contract Times on Calendar Day contracts, except as
provided for in paragraph 12.2.
12.1.4 The OWNER will considertime extension requests and may grantthe CONTRACTOR an extension of time
because of:
121
.1 Changes ordered in the Work which justify additional time.
.2 Failure of materials or products being at the Project site due to delays in transportation or failures of
Suppliers, for which the CONTRACTOR, a Subcontractor or a Supplier is not responsible. The request
for an extension of time shall be supported by a recitation of acts demonstrating that such delays were
beyond the control of the CONTRACTOR, a Subcontractor or a Supplier including but not limited to,
the CONTRACTOR's, the Subcontractors or the Suppliers efforts to overcome such delays
documented as follows:
a) Copy of purchase order for delayed item(s) indicating date ordered by the
CONTRACTOR/Subcontractor and date purchase order received by Supplier.
b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract
Documents, provide record of date submittal(s) forwarded to Owner's, Representative, date
submittal(s) returned to the CONTRACTOR, and date submittal(s) forwarded to Supplier.
c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be
ready for shipment and/or actual shipment date(s),
d) Copies of all correspondence between the CONTRACTOR/ Subcontractor and Supplier indicating
the CONTRACTOR/ Subcontractor's efforts to expedite item(s).
e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence,
and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery
of the item(s).
.3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay
progress of work through no fault of the CONTRACTOR.
.4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other
unavoidable cause or causes beyond the CONTRACTOR's control.
Calendar Day Contracts.
00700 04=2020 Page 31
General Conditions
Under a Calendar Day Contract, the CONTRACTOR may also be granted an extension of time because of unusual
r'"`• inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties, Texas area.
Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day
Contract, and is not a justification for an extension of time. The following delineates the number of days per month
for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work:
January ....... ...... ...... ...... .
7 days
February ........................
7 days
March. noweemenowes son one soon
7 days
April...... Eases@ somens *gooses
7 days
May. mosses smagen @among ago see
8 days
June............ ...... ... . . . . . . . . . . .
6 days
July.................................
6 days
August. masses moose a own was 0
5 days
September ....................
7 days
October....... gooses Noumea museum 0
7 days
November .....................
7 days
December .....................
7 days
Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance
with paragraph 12.1.1 and meets the following definition: a "Rain Day" is any day in which a weather event occurs
at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the
project schedule during the entire day.
ARTICLE 13 - TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK
� 13al Notice of Defects:
Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the
CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.
112 Access to Work:
The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing
laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site
for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply
therewith as applicable.
133 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all
inspections, tests or approvals required by the Contract Documents except:
.1 for inspections, tests or approvals covered by paragraph 13.3.3 below;
.2 for reinspecting or retesting defective Work; and
.3 as otherwise specifically provided in the Contract Documents.
,.�►., All testing laboratories shall be those selected by the OWNER.
00700 04=2020 Page 32 General Conditions
Gr■r�i
1333 If laws or regulations of any public body having jurisdiction require any Work (or part thereo specifically to
be inspected, tested or approved by an employee or other representative 0'f such public body, the CONTRACTOR
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The
CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be
incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the
CONTRACTOR's purchase thereof for incorporation in the Work.
13.4 Uncovering Works.
13m4ml If any Work (or the work of others) that is to be inspected, tested or approved is covered by the
CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written
request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered
at the CONTRACTOR I s expense.
1141 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected
or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or
testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found
that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising
out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and
the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor
as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed
an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and
the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12.
115 OWNER May Stop the Work:
13s5al If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the
Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to
any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other
party.
1151 If the CONTRACTOR fails to correct defective Work or submit a satisfactory plan to take corrective action,
with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion
thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice
to stop the Work, based on'defects, shall not stop calendar or working days charged to the Project.
00700 04=2020 Page 33 General Conditions
Gii■�
116 Correction or Removal of Defective Work:
If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it
from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace
defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame
identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages
caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement
of work of others), including but not limited to all consultant, engineering, expert and attorneys fees incurred by the
OWNER as a result of such defective work or as necessary for OWNER to investigate such defective Work and/or
to determine the appropriate means or methods to address or correct such defective Work. The OWNER shall
have the right, in OWNER's sole discretion, to have the E/A or other consultant specify the means and methods
that will be followed to correct or address any defective Work. If the OWNER specifies a means or method by which
the defective Work will be addressed or corrected, the CONTRACTOR shall perform the specified work necessary
to address or correct the defective Work at CONTRACTOR's sole cost and expense.
117 Warranty period:
117sl If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed
by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or
by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall
promptly, without cost to the OWNER and in accordance with the OWNER's written instructions:
(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and
replace it with Work that is not defective, and
(ii) satisfactorily corrector remove and replace any damage to other Work or the work of others resulting
� therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such
removal and replacement (including but not limited to all costs of repair or replacement of work of others and all
consultant, expert and attorneys fees incurred by OWNER) will be paid by the CONTRACTOR.
13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before
Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so
provided in the Contract Documents and agreed to by OWNER.
118 OWNER May Correct Defective Works.
If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work,
or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents,
the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any
such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this
seven (7) calendar day period to correct the deficiency, the OWNER may exercise any actions necessary to remedy
thedeficiency. In exercising the rightsand remedies underthis paragraph, theOWNER shall proceed expeditiously.
In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or
part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related
thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has
paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents
and employees, the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER
to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or
,�•., sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
00700 04=2020 Page 34 General Conditions
Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement
of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective
Work and any and all consultant, expert and attorneys fees incurred by OWNER as a result of OWNER's correction
of defective WORK. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones),
or claims of damage because of any delay in the performance of the Work attributable to the exercise by the
OWNER of the OWNER's rights and remedies hereunder.
13.9 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, OWNER prefers to accept it,
OWNER may do so. CONTRACTOR shall pay all claims, costs, losses, and damages attributable to OWNER's
evaluation of and determination to accept such defective Work, including but not limited to any expert, engineering
or other consultant's fees incurred by the OWNER to investigate such defective Work and/or to determine the
appropriate means or methods and work necessary to allow OWNER to accept the defective Work and
CONTRACTOR shall pay for all work required to be performed to allow OWNER to accept the defective Work and
any estimated costs, expenses and damages OWNER may sustain in the future as a result of accepting the
defective Work, including any diminution in value of the Project as a result of accepting the defective Work. If any
such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to
the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
Contract Price, then OWNER may impose a reasonable set-off against payments due under the Contract
Documents. If the acceptance of defective Work occurs after final payment, CONTRACTOR shall pay to OWNER
the above described costs, expenses and damages incurred by OWNER as a result of OWNER's acceptance of
defective Work.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
1401 Application for Progress Payment:
14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an
Application for Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering
the Work completed as of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents or as required by OWNER.
14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have
been properly authorized by Change Directives but not yet included in Change Orders.
14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend
to pay to a Subcontractor or Supplier because of a dispute or other reason.
14n1n4 Owner will not pay for materials or equipment not incorporated in the Work but delivered and suitably
stored at the site or at another location. Payment will be made by Owner only for Work completed in accordance
with the Contract Documents.
14.1.5 Where the original ContractAmount is less than $400,000, the OWNER will pay to the CONTRACTOR the
total amount of approved Application for Payment, less ten percent (10%) of the amount thereof, which ten percent
(10%) will be retained until final payment, less all previous payments and less all sums that may be retained by the
OWNER under the terms of this Agreement. Where the original Contract Amount is $400,000 or more, the OWNER
will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the
amount thereof, which five percent (5%) will be retained until final payment, less all previous payments and less all
sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near
completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of
the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the
obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due
,.�•., under the Contract subject to the conditions stated under paragraph 15.2.
00700 04=2020 Page 35 General Conditions
14ol .6 Applications for Payment shall include the following documentation:
.1 updated progress schedule;
.2 monthly subcontractor report; and
.3 any other documentation required under the Supplemental General Conditions.
14.2 CONTRACTOR's Warranty of Title.
The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Projector not, will pass to the OWNER not later than the time
of payment to the CONTRACTOR free and clear of all liens.
143 Review of Applications for Progress Payment:
14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment,
either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return
the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend
payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application.
14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will
constitute a representation by Owner's Representative, based upon Owner's Representative's on -site observations
of the executed Work and on Owner's Representative's review of the Application for Payment and the
accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief:
.1 the Work has progressed to the point indicated; and
.2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the
Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final determination of quantities and classifications for
unit price Work, and to any other qualifications stated in the recommendation).
1433 By recommending any such payment, Owner's Representative will not thereby be deemed to have
represented that:
.1 inspections have been made to check the quality or the quantity of the Work or that the Work has been
performed in accordance with the Contract Documents;
.2 examination has been made to ascertain how orforwhat purpose the CONTRACTOR has used money
previously paid on account of the Contract Amount;
.3 the CONTRACTOR's construction means, methods, techniques, sequences or procedures have been
reviewed; or
.4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR
to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the
CONTRACTOR.
14w4 Decisions to Withhold Payment0
:
14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary
on account of:
,.� .1 defective Work not remedied;
00700 04=2020
Page 36
General Conditions
.2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract
Amount;
.3 damage to the OWNER or another contractor;
.4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
.5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract
Documents;
.6 failure of the CONTRACTOR to submit a submittal schedule in accordance with the Contract
Documents;
.7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the
Contract Documents;
.8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents;
.9 failure of the CONTRACTOR to maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit monthly subcontractor reports;
.11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up;
or
.12 failure of the CONTRACTOR to comply with any provision of the Contract Documents.
.13 OWNER's disagreement with the recommendation of the Owner's Representative, provided the
OWNER has provided a Written Notice to the CONTRACTOR specifying the reasons why OWNER
does not agree with such recommendation.
14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a
statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of
approved Application for Payment.
14n5 Delayed Payments:
Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment
with which OWNER agrees and has approved for payment within thirty (30) calendar days after the day on which
the OWNER received the mutually acceptable Application for Payment, then the OWNER will pay to the
CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate
of one percent (1 %) per month from date due until fully paid, which shall fully liquidate any injury to the
CONTRACTOR growing out of such delay in payment.
14n6 Arrears:
No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm
or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against
any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand
or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if
applicable, against the same.
00700 04=2020 Page 37 General Conditions
141 Substantial Completion:
14s7al If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said
certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the
CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is
substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to
whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not
consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons
therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to
determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's
Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of
Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall
establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of
the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to
complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be
signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in
such certificate.
14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial
Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the
punch list.
14s8 Partial Utilization:
� The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or
partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's
exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part
of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work
in accordance with the Contract Documents.
14s9 Final Inspections.
Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's
Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in
which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take
such measures as are necessary to complete such Work or remedy such deficiencies.
14.10 Final Application for Payment:
The CONTRACTOR may make application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered
the following documents:
.1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating
instructions, schedules, guarantees, and other documentation required by the Contract Documents;
.2 Record documents (as provided in paragraph 6.10);
.3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective
releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with
,•�..� the Work;
00700 04=2020 Page 38 General Conditions
.4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in
�^force after final payment and through any warranty period;
.5 Non -Use of Asbestos Affidavit (After Construction); and
.6 Any other documentation called for in the Contract Documents.
14ml I Final Payment and Acceptance:
14mllol If, on the basis of observation of the Work during construction, final inspection, and review of the final
Application for Payment and accompanying documentation as required by the Contract Documents, Owner's
Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment
and thereby notify the OWNER. If the OWNER agrees with the recommendation of the Owner's Representative,
the OWNER will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract.
14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final
acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period.
14,11.3 Final payment is considered to have taken place when
negotiates the OWNER's final payment check, whether labeled
financial institution for its monetary return.
14ol 2 Waiver of Claims:
The making and acceptance of final payment will constitute:
the CONTRACTOR or any of its representatives
final or not, for cash or deposits check in any
a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled
claims, from defective Work appearing after final inspection, from failure to comply with the Contract
Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing
obligations under the Contract Documents; and
.2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
1501 OWNER May Suspend Work Without Cause and for Convenience:
At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for
a period of not more than ninety (90) calendar days by written agreement or by Written Notice to the CONTRACTOR
which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date
so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract
Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor
as provided in Article 11 and Article 12.
151 OWNER May Terminate Without Causes,
Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may, without cause and without
prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items):
.1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
,ram, effective date of termination;
00700 04=2020 Page 39 General Conditions
.2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others.
� The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to
mitigate the OWNER's cost CONTRACTOR shall include in any subcontract or purchase order
language that provides that if the Agreement is terminated without cause, the Subcontractor and
Suppliers will only be paid for work performed or materials and equipment supplied and shall not have
any other claims against CONTRACTOR or OWNER;
CONTRACTOR shall not be paid for any profit or overhead for Work not completed.
153 OWNER May Terminate With, Cause:
15.3.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents;
.2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if the CONTRACTOR disregards the authority of Owner's Representative;
A if the CONTRACTOR makes fraudulent statements;
.5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the
Contract Time;
.6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
Contract; or
� .7 if the CONTRACTOR otherwise violates any provisions of the Contract Documents;
The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days'Written Notice
terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety
for completion of the Work. Alternatively, the OWNER may under these circumstances exclude the CONTRACTOR
from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the
CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such
case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid
balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising
out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs,
losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the
OWNER.
15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not
affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may
thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release
the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause, the OWNER may
reject any and all bids submitted by the CONTRACTOR for up to three (3) years.
00700 04=2020 Page 40 General Conditions
15.4 CONTRACTOR May Stop Work or Terminate:
If through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar
days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's
Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30)
calendar days after it is submitted, or (except during disputes) the OWNER fails for sixty (60) calendar days after it
is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the
CONTRACTOR may, upon seven (7) calendar days'Wriften Notice to the OWNER, and provided the OWNER does
not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER
payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without
prejudice to any other right or remedy, if (except during disputes) Owner's Representative has failed to forward for
processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or
(except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the
CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7)
calendar days' Written Notice to the OWNER stop the Work until payment of all such amounts due the
CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the
CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract
Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted
by this paragraph.
ARTICLE 16 -DISPUTE RESOLUTION
16ol Filing of Claims:
16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.11 4,2.21 4.2,41 6,4.21 6,11-5.21 6,171
7.57 8.61 9,5110,4.21 13.81 15-11 15.27 153, or 15.4, or other occurrences or events, shall be made by Written Notice
/00"%N� delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the
occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of
the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is
delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant
is entitled.
16ml .2 Within thirty (30)'calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's
Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or
notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented,
claimant shall have thirty (30) calendar days in which to:
.1 submit additional supporting data requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
16.2 Alternative Dispute Resolutions.
16o2ol If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing
any other available remedies. The OWNER reserves the right to include E/A as a party.
16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting
to be held between representatives of each party within fourteen (14) calendar days of the request or such later
period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously
uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this
and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall
�►., be concluded within thirty (30) calendar days of the first meeting, unless mutually agreed otherwise. This step may
00700 04=2020 Page 41 General Conditions
be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as
described below.
16.2.3 Mediation:
16m2n3ol If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms,
the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1)
mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR
agree to actin good faith in the selection of the mediator and to give consideration to qualified individuals nominated
to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also
is trained in the subject matter of the dispute and/or a contract interpretation expert.
116131 Mediation is a forum in which an impartial person, the mediator, facilitates communication between
parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that
mediation, at a minimum, shall provide for 1) conducting an on -site investigation, if appropriate, by the mediator for
fact -gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings
between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree
to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session,
unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation,
then each party is released to pursue other remedies available to them.
ARTICLE 17 — RIGHT TO AUDIT
17ml Right to Audit:
Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the
� CONTRACTORS Tecords" shall upon reasonable notice be open to inspection and subject to audit and/or
reproduction during normal business working hours. The OWNER's representative, or an outside representative
engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this
Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has
been completely and fully resolved, whichever occurs later.
17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term
" records" as referred to herein shall include any and all information, materials and data of every kind and character,
including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements,
sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard
copy, as well as computer -readable data if it can be made available), written policies and procedures, time sheets,
payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other
record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in
connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as
" records"). In addition, the CONTRACTOR shall permit interviews of employees as well as agents, representatives,
vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately
permit evaluation and verification of the following:
a) The CONTRACTOR's compliance with contract requirements;
b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and
c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract
termination.
,.••.. 17ml .2 The CONTRACTOR shall require all payees (examples of payees include subcontractors, insurance agents,
material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a
00700 04=2020 Page 42 General Conditions
written agreement between the CONTRACTOR and payee. Such requirements include a flow -down right of audit
�'"*, provision in contracts with payees that also apply to subcontractors and sub -subcontractors, material suppliers, etc.
The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's
subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever
requested, in an expeditious manner, any and all such information, materials, and data.
17ol .3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's
facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the
performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with this Article 17.
17m1m4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges
of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent (.5%) of the total contract
billings, then the reasonable actual cost of the OWNERS audit shall be reimbursed to the OWNER by the
CONTRACTOR. Any adjustments and/or payments, which must be made as a result of any such audit or inspection
of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed
90 days) from presentation of the OWNER's findings to the CONTRACTOR.
17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result
in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's
employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former
employees and their relatives. For example, the CONTRACTOR's employees, agents or subcontractors should not
make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other
considerations to the OWNER's representatives, employees or their relatives.
17.1.E It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of
value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER
at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed
a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this
provision.
ARTICLE 18 — MISCELLANEOUS
18ol Venues.
In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and
the laws of the state of Texas shall apply to Contract interpretation and enforcement.
18s2 Extent of Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
183 Cumulative Remedies:
The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and
remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special
warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will
be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply.
00700 04=2020 Page 43 General Conditions
18n4 Severabilitys.
If any word, phrase, clause, sentence or provision of the Contract, or the application of same to any person or set
of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect
such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this
Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18n5 Independent Contractor
The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture.
The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and
understands that the Contract does not grant any rights or privileges established for employees of the OWNER.
18v6 Prohibition of Gratuities
The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined
by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the
CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision,
the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the
cost incurred by the CONTRACTOR in providing such gratuities.
181 Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development,
� evaluation, or decision -making process of the performance of any solicitation shall have a financial interest, direct
or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge,
expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER.
End of General Conditions
00700 04=2020 Page 44 General Conditions
^ 00800 SUPPLEMENTAL GENERAL CONDITIONS
City of Round Rock Contract Forms
Supplemental General Conditions Section 00800
SUPPLEMENTAL GENERAL CONDITIONS TO
AGREEMENT FOR CONSTRUCTION SERVICES
The Supplemental General Conditions contained herein shall amend or supplement the General
Conditions, Section 00700.
ARTICLE 1 -DEFINITIONS
1w16 Engineer/Architect (E/A):
Add the following:
Name (Representative): Anthony J. Serda, P.E.
Firm: CP&Y
Address: 13809 Research Blvd. - Suite 300
City, State, Zip: Austin, Texas 78750
Telephone: 512-349-0700
Facsimile: 512.349.0727
Email: aserdagcpyixom
117 Owner's Representative:
� Add the following:
Name:.1c x 0niW410 Title:CIP Program Manager
Address: ij4nnq,,,nriqP, Rnnd
City, State, ZIP: Round Rick, Texas 7866-5
Telephone: S 12.218-7026
Facsimile:
Email.0�mnntel�ng nrrnmdmcktexac.gnv
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES,
6n18 Liquidated Damages
Add the following:
in CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF
Twn Thnnylenrl� five-hunred, nine ftf� AND NO/1 00
DOLLARS $ 2590.00 PER DAY FOR EACH DAY BEYOND THE
DATE
ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE
SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE
THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR
TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE
CONTRACT.
END OF SUPPLEMENTAL GENERAL CONDITIONS
Page 1
00800 10-2015 Supplemental General Conditions
00090669
00900 SPE.CIAL CONDITIONS
rim
SECTION O1-INFORMATION
OIMO1 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than two (2) (o0
riginal signed) sets. The
OWNER will furnish to the CONTRACTOR one (1) copy of conforming Contract
Documents and Specifications unless otherwise requested.
01m02 GOVERNING CODES
All construction as provided for under the Contract Documents shall be governed by
any existing Resolutions, Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the OWNER.
01=03 LOCATION
The location of work shall be as set forth i*n the Notice to Bidders and as indicated i*n
the Contract Documents.
01m04 USAGE OF WATER
All water used during construction shall be provided by the OWNER and shall be
� metered. The OWNER shall specify the location from which the CONTRACTORl"s
to procure water. The CONTRACTOR shall be responsible for obtaining a bulk water
permit from the OWNER and providing all apparatus necessary for procuring, storing,
transporting and using water during construction. The CONTRACTOR shall strive to
use no more water than reasonable to perform the work associated with this Contract
and shall avoid waste. The CONTRACTOR will be required to pay for all water used
if it is found that waste is occurring during construction.
SECTION 02-SPECIAL CONSIDERATIONS
02mOl CROSSING UTILITIES
Prior to commencing the Work associated with this Contract, it shall be the
CONTRACTOR'S responsibility to make arrangements with the owners of utility
companies to uncover their particular utility lines or otherwise confirm their location.
Certain utility companies perform such services at their own expense, however, where
such is not the case, the CONTRACTOR will cause such work to be done at his own
expense.
02mO2 UTILITY SERVICES FOR CONSTRUCTION
The CONTRACTOR will be responsible for providing its own utility services while
performing the Work associated with this Contract. Provision of said utility services
,,�..., shall be subsidiary to the various bid items and no additional payment will be made for
this item.
00900-4-2020 Page 1 Special Conditions
00443643
,.•�.., 02=03 WAGE RATES
Wage Rates (Information From Chapter 2258, Texas Government Code Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
a. The State or any political subdivision of the State shall pay a worker employed
by it or on behalf of it:
(1) not less than the Laeneralrevapiling rate of per diem wages for work of
a similar character in the locality in which the work is performed; and
(2) not less than the general prevailing rate of per diem wages for legal
holiday and overtime work.
b. Subsection (a) does not apply to maintenance work.
C A worker i*s employed on a public work for the purposes of this section if a
Contractor or Subcontractor i*n the execution of a contract for the public work
with the State, a political subdivision of the State or any officer or public body
of the State or a political subdivision of the State, employs the worker.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;
Penalty
a. The contractor who is awarded a contract by a public body, or a Subcontractor
of the Contractor, shall pay not less than the rates determined under Section
2258.022 to a worker employed by it i*n the execution of the contract.
b. A Contractor or Subcontractor who violates this section shall pay to the state
or a political subdivision of the state on whose behalf the contract is made, $60
for each worker employed for each calendar day or part of the day that the
worker is paid less than the wage rates stipulated in the contract. A public body
awarding a contract shall specify this penalty in the contract.
ce A contractor or subcontractor does not violate this section if a public body
awarding a contract does not determine the prevailing wage rates,, and specify
the rates I"n the contract as provided by Section 2258.022.
do The public body shall use any money collected under this section to offset the
costs incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if. the
municipality has a population of more than 10,000.
00900-4-2020
00443643
Page 2
Special Conditions
2258.051. Duty of Public Body to Hear Complaints and Withhold Payment
A public body awarding a contract, and an agent or officer of the public body, shall:
1. take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
determination by the public body that there is good cause to believe that the
Contractor has violated this chapter.
Applicable wage rates to be used in Williamson and/or Travis County may be
obtained from the U.S. Department of Labor website at the following web
addresses:
Construction Types: Heavy (Sewer/Water Treating Plant and
Sewer/Incidental to Highway)
http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=O
Construction Types: Heavy and Highway
htt-p://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=O
Construction Type: Building
http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=l
02-04 LIMIT OF FINANCIAL RESOURCES
The OWNER has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the OWNER may be required to
change and/or delete any items which it may feel is necessary to accomplish all or part
of the scope of work within its limit of financial resources. CONTRACTOR shall be
entitled to no claim for damages or anticipated profits on any portion of work that may
be omitted. At any time during the duration of this contract, the OWNER reserves the
right to omit any work from this contract. Unit prices for all items previously approved
in this contract shall be used to delete or add work per change order.
02-05 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the CONTRACTOR to complete all work included in this
Contract, so authorized by the O"A NER, as described in the contract documents and
technical specifications. All items of work not specifically paid for in the bid proposal
shall be included in the unit price bids. Any question arising as to the limits of work
shall be left up to the interpretation of the E/A.
00900-4-2020 Page 3 Special Conditions
00443643
02mO6 LAND FOR WORK
OWNER provides, as indicated on Drawings, land upon which work is to be done,
right- of -way for access to same and such other lands that are designated for the use of
the CONTRACTOR. CONTRACTOR provides, at his expense and without liability of
OWNER, any additional land and access thereto that may b e required for his
construction operations, temporary construction facilities, or for storage of materials.
02mO7 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on the Drawings, present obstructions to
grade and alignment of Proposed improvements immediately notify engineer, who
without delay, will determine 1*f existing utilities are to be relocated, or grade and
alignment of proposed improvements changed. Where necessary to move existing
utilities and appurtenances as determined by the E/A, the E/A and CONTRACTOR
will make relocation arrangements with the utility owner. The OWNER will not be
liable for delay costs or damages due to relocations of utilities which hinder progress
of the work.
02mO8 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this contract
shall be provided by the CONTRACTOR. The CONTRACTOR shall be responsible
for determining the layout and extent of staking necessary to construct the
improvements to the lines and grades shown 1*n the Drawings and such staking shall be
satisfactory to the E/A. The CONTRACTOR shall consult with the E/A and Owners
Representative in the field for assistance as necessary. Sufficient staking materials and
equipment shall be provided by the CONTRACTOR including but not limited to.* paint,
flagging, laths, hubs, blue tops, nails, hammers, measuring chains or tapes, transits and
levels. The CONTRACTOR shall be responsible for setting and marking control and
off -set points for measuring distances and angles, for shooting levels, and for any other
items pertaining to construction staking. This item shall not be paid for separately and
shall be considered subsidiary to other bid items.
00900-4-2020
00443643
Page 4
Special Conditions
SECTION 03mACCESS AND TRAFFIC CONTROL
Access shall be provided for the public and emergency vehicles at all possible times.
When i*t becomes necessary to restrict access, the CONTRACTOR shall notify the
OWNER and coordinate with the OWNER, all applicable agencies (i.e. Fire
Department, E.M.S., Public Works, etc.), residents, and affected parties. If emergency
access is required during the work and such access i*s being hindered by the work, the
CONTRACTOR will suspend the work if necessary, and otherwise endeavor to assist
emergency personnel in accessing a location restricted by the work. Unless otherwise
approved by the E/A. at the end of each day all lanes of traffic shall be opened to the
public. The CONTRACTOR shall ensure compliance at all times with the accepted
Traffic Control Plan for the project and shall be responsible for all maintenance,
signing and safety precautions necessary for traffic control. These items shall be
included in the bid item Traffic Control.
00900-4-2020
00443643
Page 5
Special Conditions
011 1000 TECHNICAL SPECIFICATIONS
. . . . . . ---------------------------
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The Work covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the inspection
and testing, complete in accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The Round Rock Standard Specification Criteria Manual is hereby referred to and
included in this contract as fully and to the same extent as if copied at length herein,
and shall be applied to this project unless modified elsewhere as discussed below. The
aforementioned Criteria Manual is the "Standard Specifications" section of the City of
Round Rock Design and Construction Standards. The Standard Specifications may be
accessed from the City of Round Rock website (www.roundrocktexas.gov) at the
following web address: www.roundrocktexas.gov/dacs.
Any adjustments, alterations, or additional information regarding Governing Technical
Specifications are contained in the Plans (Drawings), Details and Notes described in
Section 02000 of the Project Manual or are included in Attachment A at the end of this
Technical Specifications Section.
ITEM 2 CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
During construction, the CONTRACTOR shall keep the site free and clean from all
rubbish and debris and shall clean-up the site promptly when notified to do so by the
E/A.
The CONTRACTOR shall, at its own expense, maintain the streets and roads free from
dust, mud, excess earth or debris which constitutes a nuisance or danger to the public
using the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling is done,
and any such spillage or debris deposited on streets, due to the CONTRACTOR's
operations, shall be immediately removed.
Page 1
01000-4-2020 Technical Specifications
00443 645
mia
2*0192 BACKWORK
The CONTRACTOR shall coordinate his operations in such a manner as to prevent the
amount of clean-up and completion of back works from becoming excessive. Should
such a condition exist, the E/A may order all or portions of the work to cease and refuse
to allow any work to commence until the back work i*s done to the E/A's satisfaction.
2902 GRADING
ITEM 3
The CONTRACTOR shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the E/A.
EXAMINATION AND REVIEW
3901 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the E/A,
representatives of all governmental entities which have jurisdiction, and the Owner's
Representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the E/A. It shall be the CONTRACTOR'S
responsibility for the construction methods and safety precautions in the undertaking
of this Contract.
3*02 NOTIFICATION
The E/A and the OWNER must be notified a minimum of 24-hours in advance of
beginning construction, testing, or requiring presence of the E/A, Owner's or Owner's
Representative.
3*03 CONSTRUCTION STAKING
The E/A shall furnish the CONTRACTOR reference points and benchmarks that, in
the E/A's opinion, provide sufficient information for the CONTRACTOR to perform
construction staking.
3eO4 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the CONTRACTOR, and in case of destruction or removal during the
course of this project, such stakes, marks, property comers, etc., shall be replaced by
the CONTRACTOR at the CONTRACTOR'S sole expense.
Page 2
01000-4-2020 Technical Specifications
00443645
,...., ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the E/A.
4902 PROTECTION OF TREES, PLANTS AND SHRUBS
The CONTRACTOR shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the CONTRACTOR may
0
remove trees and plants for construction right-of-way but only with approval of the E/
A.
4*03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed i*n accordance with the Texas
Manual of Uniform Traffic Control Devices and in other locations deemed necessary
by the E/A,111111111 for the protection life and property. Under no circumstances will aIy
existing road be permitted to remain closed over a weekend. No separate paywill b
made for this item. Costs for this item shall be subsidiary to other items of work.
4*04 PROPERTY LINES AND MONUMENTS
The CONTRACTOR shall be responsible for the protection, reference and resetting of
property comer monuments 1*f disturbed.
,000►� 4*05 DISPOSAL OF SURPLUS MATERIAL
The CONTRACTOR shall at his own expense, make arrangement for the disposal of
surplus material, such as rock, trees, brush and other unwanted backfill materials.
4906 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as necessary for his
operations and storage of materials.
ITEM 5 MATERIALS
5*01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material i*s designated b a trade name or b"y the name or catalog number of any maker,
patentee, manufacturer, or dealer, such designations shall be taken as intending to mean
and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged by the E/A
in his sole discretion.
5902 MATERIALS AND WORKMANSHIP
No material which has been used by the CONTRACTOR for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent
� of the E/A. Where materials or equipment are specified by a trade or brand name, it is
not the intention of the OWNER to discriminate against an equal product of another
Co
Page 3
01000-4-2020 Technical Specifications
00443645
,.•.y manufacturer, but rather to set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the words "equivalent",
" proper " or " equal to" are used, they shall be understood to mean that the item referred
to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion
or judgment of the E/A. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be i*n all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be used in
the specifications in connection with a material, manufactured article or process, the
material, article or process specifically designated shall be used, unless a substitute i*s
approved in writing by the E/A, and the E/A will have the right to require the use of
such specifically designated material, article or process.
Page 4
01000-4-2020 Technical Specifications
00443645
CITY OF ROUND ROCK
� GOVERNING SPECIFICATIONS
(STANDARD SPECIFICATIONS, SPECIAL PROVISIONS, AND SPECIAL SPECIFICATIONS)
WHERE DISCREPENCIES OCCUR BETWEEN THE VARIOUS GOVERNING SPECIFICATIONS, THE
SPECIAL PROVISIONS SHALL GOVERN OVER BOTH STANDARD SPECIFICATIONS AND SPECIAL
SPECIFICATIONS.
ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE
IDENTIFIED AS FOLLOWS:
STANDARD SPECIFICATIONS: ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION
NOVEMBER 1, 2014. STANDARD SPECIFICATIONS ARE
INCORPORATED INTO THE CONTRACT BY REFERENCE.
*ADOPTED BY THE CITY OF ROUND ROCK MAY 20180
STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE
CONTRACT.
ITEMS 1 - 9 ARE SUPERSEDED BY THE CONTRACT GENERAL AND SPECIAL CONDITIONS, WHERE
APPLICABLE. WHEREVER, IN THE TXDOT STANDARD SPECIFICATIONS, REFERENCE IS MADE
TO THE STATE OF TEXAS, THE DEPARTMENT AND ITS REPRESENTATIVES, SUCH REFERENCE
SHALL BE TAKEN TO MEAN CITY OF ROUND ROCK AND ITS REPRESENTATIVES.
ITEM 100
PREPARING RIGHT OF WAY
ITEM 104
REMOVING CONC
ITEM 110
EXCAVATION
ITEM 132
EMBANKMENT
ITEM 160
TOPSOIL
ITEM 164
SEEDING FOR EROSION CONTROL
ITEM 168
VEGETATIVE WATERING
ITEM 169
SOIL RETENTION BLANKETS
ITEM 247
FLEXIBLE BASE
ITEM 260
LIME TREATMENT
ITEM 310
PRIME COAT
ITEM 347
THIN OVERLAY MIXTURES
ITEM 351
FLEXIBLE PAVEMENT STRUCTURE REPAIR
ITEM 354
PLANING AND TEXTURING PAVEMENT
ITEM 400
EXAVATION AND BACKFILL FOR STRUCTURES
ITEM 402
TRENCH EXCAVATION PROTECTION
ITEM 416
DRILLED SHAFT FOUNDATIONS
ITEM 423
REATAINING WALLS
ITEM 432
RIPRAP
ITEM 450
RAILING
ITEM 462
CONCRETE BOX CULVERTS AND DRAINS
ITEM 464
REINFORCED CONCRETE PIPE
ITEM 465
JiJNCTION BOXES, MANHOLES, AND INLETS
ITEM 466
HEADWALLS AND WINGWALLS
ITEM 467
SAFETY AND TREATMENT
ITEM 479
ADJUSTING MANHOLES AND INLETS
� ITEM 496
REMOVING STRUCTURES
ITEM 502
BARRICADES, SIGNS AND TRAFFIC HANDLING
ITEM 506
TEMPORARY EROSION, SEDIMENTATION, AND ENVIRONMENTAL CONTROLS
Page 1
0
ITEM 512
ITEM 528
ITEM 529
ITEM 530
ITEM 531
ITEM 550
ITEM 552
ITEM 610
ITEM 618
ITEM 620
ITEM 621
ITEM 624
ITEM 628
ITEM 636
ITEM 644
ITEM 658
ITEM 662
ITEM 666
ITEM 672
ITEM 677
ITEM 680
ITEM 682
ITEM 684
ITEM 686
ITEM 687
ITEM 688
ITEM 740
ITEM 752
ITEM 3076
ITEM 3085
ITEM 4185
ITEM 5001
ITEM 5018
ITEM 6004
ITEM 6185
PORTABLE TRAFFIC BARRIER
COLORED TEXTURED CONCRETE AND LANDSCAPE PAVERS
CONCRETE CURB, GUTTER, AND COMBINED CURB AND GUTTER
INTERSECTIONS, DRIVEWAYS AND TURNOUTS
SIDEWALKS
CHAIN LINK FENCE
WIRE FENCE
ROADWAY ILLUMINATION ASSEBLIES
CONDUIT
ELECTRICAL CONDUCTORS
TRAY CABLE
GROUND BOXES
ELECTRICAL SERVICES
SIGNS
SMALL ROADSIDE SIGN ASSEMBLIES
DELINEATOR AND OBJECT MARKER ASSEMBLIES
WORK ZONE PAVEMENT MARKINGS
RETROREFLECTORIZED PAVEMENT MARKINGS
RAISED PAVEMENT MARKERS
ELIMINATING EXISTING PAVEMENT MARKINGS AND MARKERS
HIGHWAY TRAFFIC SIGNALS
VEHICLE AND PEDESTRIAN SIGNAL HEADS
TRAFFIC SIGNAL CABLES
TRAFFIC SIGNAL POLE ASSEMBLIES (STEEL)
PEDESTAL POLE ASSEMBLIES
PEDESTRIAN DETECTORS AND VEHICLE LOOP DETECTORS
GRAFFITI REMOVAL AND ANTI -GRAFFITI COATING
TREE AND BRUSH REMOVAL
DENSE -GRADED HOT MIX ASPHALT
UNDERSEAL COURSE
COMPOSITE SOUND WALL
GEOGRID BASE REINFORCEMENT
AESTHETIC FENCE
NETWORKING INTELLIGENT TRANSPORTATION SYSTEM (ITS)
COMMUNICATIONS CABLE
TMA (STATIONARY)
SPECIAL PROVISIONS: THE CONTENT OF THE SPECIAL PROVISIONS ARE INCLUDED ON THE
FOLLOWING PAGES.
SPECIAL PROVISION TO ITEM 000
(000mmmO03)
SPECIAL PROVISION TO ITEM 000
(000mmmO04)
SPECIAL PROVISION TO ITEM 000
(000---005)
SPECIAL PROVISION TO ITEM 000
(000---006)
SPECIAL PROVISION TO ITEM 000
(000m-m394)
SPECIAL PROVISION TO ITEM 000
(000mmm658)
SPECIAL PROVISION TO ITEM 002
(002mmmoog)
SPECIAL PROVISION TO ITEM 002
(002mm-o 11)
SPECIAL PROVISION TO ITEM 003
(003MMMO 13)
SPECIAL PROVISION TO ITEM 005
(005---002)
SPECIAL PROVISION TO ITEM 005
(005mm=003)
SPECIAL PROVISION TO ITEM 006
(006mmmoo I)
SPECIAL PROVISION TO ITEM 006
(006M-MO 12)
SPECIAL PROVISION TO ITEM 007
(007.mmo I I)
SPECIAL PROVISION TO ITEM 008
(008MMM030)
SPECIAL PROVISION TO ITEM 008
(008mm-033)
SPECIAL PROVISION TO ITEM 247
(247--003)
SPECIAL PROVISION TO ITEM 347
(347-MM002)
Page 2
SPECIAL PROVISION TO ITEM 421
SPECIAL PROVISION TO ITEM 440
SPECIAL PROVISION TO ITEM 447
SPECIAL PROVISION TO ITEM 449
SPECIAL PROVISION TO ITEM 462
SPECIAL PROVISION TO ITEM 464
SPECIAL PROVISION TO ITEM 465
SPECIAL PROVISION TO ITEM 502
SPECIAL PROVISION TO ITEM 506
SPECIAL PROVISION TO ITEM 636
SPECIAL PROVISION TO ITEM 666
SPECIAL PROVISION TO ITEM 680
SPECIAL PROVISION TO ITEM 6185
(42 1 mm-ooq)
(440mm-004)
(447mm-oo 1)
(449m-mOO2)
(462MMM002)
(464mmmoo 1)
(465mm-oo I)
(502---008)
(506mmmOO5)
(63 6-mmoo I)
(666M-M007)
(680--M006)
(6185mmmoo,z)
CITY OF ROUND ROCK SPECIFICATIONS: THE ITEMS BELOW APPLY ONLY TO THE.WATER AND
WASTEWATER WORK ON THE PROJECT.
*ITEM 401
STRUCTURAL EXCAVATION AND BACKFILL
*ITEM 402
CONTROLLED LOW STRENGTH MATERIAL
*ITEM 501
JACKING OR BORING PIPE
*ITEM 503
FRAMES, GRATES RINGS AND COVERS
*ITEM 504
ADJUSTING STRUCTURES
*ITEM 505 CONCRETE ENCASEMENT AND ENCASEMENT PIPE
*ITEM 506 MANHOLES
*ITEM 508 MISCELLANEOUS STRUCTURES AND APPURTENANCES
*ITEM 509 TRENCH SAFETY SYSTEMS
*ITEM 510 PIPE
�.....*ITEM 511 WATER VALVES
0
CITY OF ROUND ROCK SPECIAL SPECIFICATIONS: THE ITEMS BELOW APPLY ONLY TO THE
WATER AND WASTEWATER WORK ON THE
PROJECT.
ITEM 02025 BYPASS PUMPING
ITEM 02615 GLASS -FIBER REINFORCED POLYESTER (FRP) MANHOLES
CITY OF ROUND ROCK SPECIAL PROVISIONS: THE ITEMS BELOW APPLY ONLY TO THE WATER
AND WASTEWATER WORK ON THE PROJECT.
SP505 CONCRETE ENCASEMENT AND ENCASEMENT PIPE
SP510 PIPE
SP51 I WATER VALVES
GENERAL: THE ABOVE -LISTED SPECIFICATION ITEMS ARE THOSE UNDER WHICH PAYMENT IS
TO BE MADE. THESE, TOGETHER WITH SUCH OTHER PERTINENT ITEMS, IF ANY, AS
MAY BE REFERRED TO IN THE ABOVE -LISTED SPECIFICATION ITEMS AND
INCLUDING THE SPECIAL PROVISIONS AND SPECIAL SPECIFICATIONS LISTED
ABOVE, CONSTITUTE THE COMPLETE SPECIFICATIONS FOR THIS PROJECT.
Page 3
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
1
Abbreviations and Definkions
None
2
Instructions to Bidders-
--------------
None
3
Award and Execution of Contract
None
4
Scope of Work
None
5
Control. -Of thi'-,W.ork
None
6
Control of Materials
None
7
Legal RelatolonwIndr.Responsibilities
None
8
Prosecutionand Progress
None
9
Measuremen-And Payment
No'*ne,*., .
��
100
I
Preparing Right of Way
49 51 6,103 ----------- ---
103-Disposal
of Wells:6,
9;,
104
Removing Concrete
9
105
Removing Treated,and Untreated Base.'and AsP-halt'Pavement
None
106
Obliterating Abandoned Road
None
110.
Excavation
9,132
112
Subgrade Widening
9,110,132, 204
132
Embankment
T,-�,9',��-100,160'�-204.210,, 216, 260; 400
134
Backfilling Pavement Edges
162, 1669 168, 300,314
150
Blading
1
152
Road Grader Work
91110,132,150,1549 156
154.Scraper-1W6rk
132,150,*' 152
156
Bulldozer Work
132
158.
Specialized ExcavatlowWork-..132
160
Topsoil
7,168 ------------- -
161
Compost.
1601
162
Sodding for Erosion Control
1661168
164
Seeding for Erosion.Control
162,- 166, 168
166
Fertilizer
520
168
Vegetative Watering
None
169
Soil Retention Blankets
None
170
Irrigation System
81:40214 039:618,6201,622,6241628
180
Wildflower Seeding
None
192
LandscapePlanting
161. 166$ 168
193
Landscape Establishment
1663192
204.
Sprinkling
None
210
Rolling
None
Page 1 of 7
AMNIA
-------- Oijr
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Hmghways, Streets, and Bridges
216,-
Proof-. Rolling -210
247
Flexible Base
4, 911059 2049 210, 216, 520
251
Reworking Base Courses
204,210*216, 247, 520'
260
Lime Treatment (Road -Mixed)
49105,132;204121092161247 1 30013109 520
263.1Lime
Treatment (Plantomixed).4
, 9,-2041 , 210, 216,-247:, 300,310'520.
265
Fly Ash or Lime -Fly Ash Treatment (Road -Mixed)
4120412101261247130013101520
275
Cement Treat ment (Road -Mixed)
4,132, 204-210, 216, 247--, 300',,,3101520
276
--- - ---------
Cement Treatment (Plant -Mixed)
499;204921092161247,3009520
292
Asphalt Treatrfiebt(PlantaMixed)
300, 301, 320"520:585
30.0
Asphalts, Oils, And Emulsions
None
301
Asphalt Antistripping.,�Agent
520.:
302
Aggregates For Surface Treatments
300;301
305
Salvaging, Hauling, And Stockpiling Reclaimable Asphalt Pavement
None....
310
Prime Coat
300,316
314,Emu
lsified Asphalt Treatment'204,
300
315
Fog Seal
204,3009316
316'..
SurFace Treatments
210, 300, 302
318
Hot Asphalt -Rubber Surface Treatments
210,30093029340;520
320'rEquipment
forAsphalt Concrete Pavement
210, 504, 520
330
Limestone Rock Asphalt Pavement'300,32095209585
334
Hot -Mix Cold -Laid Aspha"It-Concre te Pavement
61,12 04, 300, 301, 320 520, 585,
340
Dense -Graded Hot -Mix Asphalt (Small Quantity)
51 6, 300, 301, 3209 520, 585-----
It341 Dense -Graded Hot -Mix Aspha
5, 6, 300'-301, 320,,520, 585
342
Permeable Friction Course (PFC)
516;3009301,320;520,585
344
Superpave-Mixtures
5, 6, 300, 301, 320, 520, 585
346
Stone -Matrix Asphalt
59 6;30093019320;52Ol585
347
Thin Surface Mixtures'(TS,M)�'-51,69-300,
301, 320, 520, 585
348
Thin Bonded Friction Courses
59 6, 210, 3009 301, 320; 342, 520, 585
350,
Microsurfacing�'-5,
6, 300;,520
351
Flexible Pavement Structure Repair
132,2049 2479 260, 263, 2759 276, 292; 3109 316, 330; 334; 340
354
Planing and Texturing Pavement
5
356
Fabric Undersea)
3001316g520
358
Asphalt Concrete`Surface'Rehabeletat"ion
210, 300, 340, 585
360
Concrete Pavement
42114221 4389 4401529,585
361
Repaitof Contreter.Pavement
360 421, 440
400
Excavation and Backfill for Structures
17) 91110,132o 4011 4021 4032 4169 420, 421, 423
Page 2 of 7
Piro
==Mwow
TMM
A1!r;rd1 ril
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
401
Flovdble',Backfill
---------- -
'421-
402
Trench Excavation Protection
None
403
Temporary special'.�.Shoiing
410".4.11, 423
404
Driving Piling
405,423
405,Fou
ndation Load Test.:.404
416'
406
Timber Peiling
404,492
407,Steel
Piling
9, 404:, 405, 441, 4461'�'448
409
Prestressed Concrete Piling
91404,405,420 1 421, 424,425, 440
410
Soil Nail Anchors
421r, 431440
411
Rock Nail Anchors
421,431,440
416
Drilled Shaft-Foundations'_9,
71
405, 420, 421, 423, 440, 448
420
Concrete Substructures
599,400,404,421,422,426,427,4401 4411448
421
Hydraulic Cement Concrete
360, 361, 416
422
Concrete Superstructures
914209421142414381 440144814541780
423
Retaining Walls
9,110132, 216, 400-416" 420, 421, 424, 440, 4459458j 556
424
Precast Concrete Structural Members (Fabrication)
------ ---- ---
61420,421,425,426, 4401448
M_425 Precast Prestressed Concrete Structural Members
---------------------
9.409, 420, 421, 424, 426, 427, 434, 440.442, 445, 448
426
Post -Tensioning
420, 422,424
427
Surface Fin ishes for.Concrete..,9,
420
428
Penetrating Concrete Surface Treatment
91427
429-'Concrete
StiatitturtRepair
421-431'440, 780
43,
Pneumatically Placed Concrete
420142114291440
432
Riprap
247, 420, 421, 431, 440
434
Bridge Bearings
4201441,442; 4451446,449
438
Cleaning and Sealingrj oi nts
None.,
439
Braidge Deck Overlays
420,421,429,440,483
440
Reinforcement for,-Conrcrete'-448
441
Steel Structures
215,61420,442,445,446,447,448
442
Metal for.Structures
9, 441, 445, 446, 447, 448
445
Galvanizing
441
446
Field Cleaning and Painting Steel
441, 445
447
Structural Bolting
441, 442
448
Structural, Field Welding
4409,441, 442
449
Anchor Bolts
445
450
Railing
9, 420, 421, 422-424, 440,44 1 442, 445, 446, 448, 540
451
Retrofit Railing
99421,429,440,442, 445144614501540
Page 3 of 7
TMM
Ap!; W_
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
4E4.
Bridge Up'ansion:Jo nts ----
9, 429"442'785
458
Waterproofing Membranes for Structures
None
459
Gabions and Gablow Mattresses'None
460
Corrugated Metal Pipe
9140094021403,4459 467,476
461
Structural.Plate Structures
9, 400,4102,, 403', 420,421,440'442', ,445, 447, 467.
462
Concrete Box Culverts and Drains
9v4OO94O2l4O3l4209421,422,4249440,464,476 - -
464
Reinforced Concrete,. -Pipe
9, 4009,402lA03,467476
465
Junction Boxes, Manholes, and Inlets
400,420,421,424,440,471
466,Headwalls
and Wingwalls
4001420,421, 4321 440:, 464
467
Safety End Treatment
400,42094219432,440144294459460,464
471,
Frames, Grates:-Rings,.and.,Covers
44.1, 4451:448465
472
Removing and Re -Laying Culvert
4003402,40394603464,476
474
Linear Drains
400, 4209 421, 440, 445, 460, 471.
476
Jacking, Boring, or Tunneling Pipe o-r Box
9940294 033 460, 4629 464
479
Adjusting. Manholes andlnlets
400, 42.1, 465, 471
480
Cleaning Existing Culverts
4
481.
Pipe for Drains,400,*
483
Concrete Bridge Deck Surfacing
None
490-Timber
Structures
445, 491, 492
491
Timber for Structures
406,490,492
492.
Timber Preservative and Treatment
6
495.
Raising Existing Structures
4201421,434,442,448
496
Removing . Structures-.
None:
497
Sale of Salvageable Material
None
499
Adjusting Steel.1,Sho'es
429, 442, 448
500
Mobilization
None
502,
Barricades,-nm�Signs, and Traffic Handling
5, 9
504
Field Office and Laboratory
-----------
7
- - ------ ---------
506
Temporary Erosion, Sedimentation, and-'Environmental Controls'16194321-556
508
Constructing Detours
497
510-One-Way
Traffic Control
502
512
Portable Traffic Barrier
42094219 424) 440, 442
514.Permanent
Concrete Traffic Barrier
400, 416, A20, 421, 424 440.,''442; 448'
520
Weighing and Measuring Equipment
None
52&
Colored Textured -Concrete a'nd:.Lan'dscape Pavers
132'*,"247-, 275, 401, 420, 421-440.,
1360,
529
Concrete Curb, Gutter, and Combined Curb and Gutter
4201-4211 440
Page 4 of 7
0
Tgxw
� �arn04part
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
530,Intersections;Dd@veways,
and Turnouts"
247, 260, 263, 275, 276, 292, 316, 330, 334, 340, 360, 421, 440
- ------
531
Sidewalks
104, 36014209 4211440, 530
533..,Milled
Rumble -Strips.
None,
536
Concrete Medians And Directional Islands
420,4219427,440,529
538.-,Right
Of.Way:Markers
4201',440
540
Metal Beam Guard Fence
421, 44194459529
542.,Removi
ng Metal, -,Beam'. Guard Fence
None
544
Guardrail End Treatments
None
545
Crash Cush1on,*Aftenuators
421
550
Chain Link Fence
421,445
552
Wire Fence
445:492,.
556
Pipe Underdrains
402,432
560
Mailbox Assemblies.",None
-- -- ----------
585
Ride Quality for Pavement Surfaces
None
610,,Roadway
Illination Assemblies
Urn,
416, 421, 432, 441"442, 445':�!449'"61.4, 616, 618, 620,622,`624628
613
High Mast Illumination Poles
4161421,4329 4411442,445, 4499618
614
High Mast Illumination Assemblies
441, 442`445 613, 616, 620, 628
616
Performance Testing of Lighting Systems
618, 6209 622
61T
Temporary Roadway Illumination
4116;:6101 613; 6149:6189 620, 6211 622, 624, 627, 628
618
Conduit
994009476
620�EIectn9caI,.C*nduct6:r_s:9,
610, 628
621
Tray Cable
99620
- ---------
6
Duct Cable
9S14001,620
624
Ground Boxes
420,421,432, 440,6181 620 77
625
Zinc -Coated Steel Wire'Strand
None'
627
Treated Timber Poles
None
628
Electroical.Seivices-4419
445, 449, 618, 620, 827, 656
636
Signs
91643
6Q.Sign
Identification Decals
None
644
Small Roadside Sign Assemblies
421,44094419442,445,636y6439656
647,Large
Roadside Sign Supports and Assemblies
9, 416, 421, 440, 441, 442, 445, 636
650
Overhead Sign Supports
-- -----------
416, 4209 421, 4411442,4459 449, 618, 636,654
6.54-.1Sign
Walkways
91 441, 445
656
Foundations for Traffic Control Devices
400, 416 9 420 9 421, 4329 440 9 441 9 442, 44594479449l618
658
Delineator and Object Marker Assemblies,
445
662
Work Zone Pavement Markings
99666,668,672,677
Page 5 of 7
Texas
�Tr�rn�r
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
66&
Retror'e'fleclorized Pavement Markings-
9, 3169'5029- 662'.677, 678
668
Prefabricated Pavement Markings
9y678 -------- --
672
Raised Pavement,Markers
678
677
Eliminating Existing Pavement-- Markings and Markers
99300,302,316
678'Pavement
Suliace Preparation for Markin'gs','..9.677
680
Highway Traffic Signals
416961096189624,625,627,628,63 - 61 656916829 684, 686, 688
681.Temporary
Traffic"Isignalt.
41r6; 610, 618, 620, 621,622, 624; 625, 627Z2k636;*,644, 656, 680, Z829684-686;687.688, 690
682
Vehicle and Pedestrian Signal Heads
None
684"..Traffic
Signal. Cables
gr
685
Roadside Flashing Beacon Assemblies --------------
441; 44294459 4491610,620,6211 624;6289656,6823684;687
686,
Traffic Signal Pole-Assemblies, (Ste el)
416, 42t"441'442, 445, 9,'
687
Pedestal Pole Assemblies
445;4499656;682
688
Pedestrian Detectors'and:'rV6h§cle Loop Detectors
9,r618, 624, 682, 684
690
Maintenance of Traffic Signals
416, 421, 476, 610, 618, 620, 622, 624, 625, 627, 628, 636, 656, 680, 682, 684, 685, 686, 687, 688
700
Pothole.Repair
300;,330'334'340j 520 _,_________
712
Cleaning and Sealing Joints and Cracks (Asphalt Concrete)
300;340 -------- ----
713
Cleansing and Sealing Joints',and'Cracks (Concrete Pavement)
None:
720
Repair of Spelling in Concrete Pavement
429
721.Fiber.Reinforced
Polymer-:Patchern'Material
302
730
Roadside Mowing ------- ---
719
731
Herbicide Treatment
None.
734
Litter Removal
- ----------
None
735
Debris Removal,
7349 738'
738
Cleaning and Sweeping Highways
None
740�Graffiti
Removal and AntimGraffiti Coating
427, 446
745
Picnic Area Maintenance
740
751
Landscape. Maintenance
193 730,334 745
752
Tree and Brush Removal
4
760.
Cleaning and Reshaping Ditches
None
764
Pump Station and Drainage- System Cleaning
None
770
Guard Fence Repair
421,------
429, 441, 448, 540, 5429ZA4.r.
771
Repair Cable Barrier System
----------
421,658
772,Post
and Cable Fence -
4221
774
Aftenuator Repair
4448
776
Metai-Rall Repair
---- ------
4291'441, 445, 446, 448, 450
1429,4509776
778
Concrete Rail Repair
Page 6 of 7
AAMS
Im
IWFW
�4 Eas
117m9i
Items Referenced in the 2014 Standard Specifications for
Construction and Maintenance of Highways, Streets, and Bridges
Page 7 of 7
000w003
� Special Provision to Item 000
Certification of Nondiscrimination in Employment
in GENERAL
By signing this proposal, the Bidder certifies that he has participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he
has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and
has not filed, he will file with the Joint Reporting Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Not�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 60ml.5. (Generally
only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1)
prevents the award of contracts and subcontracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U.S. Department of Labor.
09-14
Statewide
000w004
� Special Provision to Item 000 mAv
IM"
T0=6
Notice of Requirement for Affirmative Action to Ensurea ---A
Equal Employment Opportunity (Executive Order 11246)
in GENERAL
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 asset forth
below.
2. GOALS
211, Goals for minority and female participation are hereby established in accordance with 41 CFR 60=46
2628 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, %
Goals for female participation
in each trade,
See Table 1
689
2939 These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the Contractor performs construction work in a geographical area
located outside of the covered area, it will apply the goals established for such geographical area where the
work is actually performed. With regard to this second area, the Contractor also is subject to the goals for
both its federally involved and non -federally involved construction. The Contractor's compliance with the
Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard
Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts
to meet the goals. The hours of minority and female employment and training must be substantially uniform
throughout the length of the Contract, and in each trade, and the Contractor must make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority and female employees
or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the
Contractor's goals will be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured against the total work hours performed.
2140 A Contractor or subcontractor will be considered in compliance with these provisions by participation in the
Texas Highway -Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each
Contractor or subcontractor participating in this plan must individually comply with the equal opportunity
clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each
participating trade in the plan in which it has employees. The overall good performance of other Contractors
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 must provide written notification to the Department within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting
from this solicitation pending concurrence of the Department in the award. The notification will list the names,
09-14
Statewide
OOOmOO4
i S 1 5�ip1161
address and telephone number of the subcontractor; employer identification number; estimated dollar
amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical
area in which the Contract is to be performed.
4. COVERED AREA
As used in this special provision, and in the Contract resulting from this solicitation, the geographical area
covered by these goals for female participation is the State of Texas. The geographical area covered by
these goals for other minorities are the counties in the State of Texas as indicated in Table 1.
5. REPORTS
The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance
Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246
as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that
he will be expected to fulfill.
Table 1
Goals for Minority Particioation
Coun!y
Participation, %
Coun!y
Participation,
Anderson
22o5
Chambers
2724
Andrews
1889
Cherokee
22e5
Angelina
22s5
Childress
1110
Aransas
4482
Clay
1284
Archer
1180
Cochran
19e5
Armstronq
1180
Coke
2010
Atascosa
4984
Coleman
101,9
Austin
27,4
Collin
1882
Bailey
1985
Collingswofth
1190
Bandera
4984
Colorado
2764
Bastrop
24,2
Cornal
4788
Baylor
11,0
Comanche
1069
Bee
4482
Concho
2080
Bell
1614
Cooke
1762
Bexar
4768
Coryell
1664
Blanco
2452
Cottle
1180
Borden
1915
Crane
1819
Bosque
1886
Crockett
2080
Bowie
1987
Crosby
1985
Brazoria
2703
Culberson
4980
Brazos
237
Dallarn
1160
Brewster
49,0
Dallas
1882
Briscoe
11,0
Dawson
19,5
Brooks
4482
Deaf Smith
1160
Brown
1089
Delta
1782
Burleson
2784
Denton
1812
Burnet
2412
DeWitt
2794
Caldwell
2462
Dickens
1995
Calhoun
2724
Dimmit
4994
Callahan
1186
Donley
1180
Cameron
71,0
Duval
4492
Camp
2082
Eastland
10.9
Carson
1180
Ector
1591
Cass
2092
Edwards
4994
Castro
1180
Ellis
1882
2 09-14
Statewide
OOOmOO4
�r■�r�
11,111
Q01
County
Participation, %
Coun!y
Participavion,
El Paso
57,8
Kenedy
4482
Erath
1712
Kent
1039
Falls
1886
Kerr
4984
Fannin
1762
Kimble
2090
Fayette
2704
King
1915
Fisher
1099
Kinney
4934
Floyd
19e5
Kleberg
44,2
Foard
1180
Knox
1089
Fort Bend
2783
Lamar
2092
Franklin
1712
Lamb
19v5
Freestone
1896
Lampasaa
1856
Frio
4984
LaSalle
4984
Gaines
19.5
Lavaca
2784
Galveston
2889
Lee
2482
Garza
19s5
Leon
2734
Gillespie
4984
Liberty
2753
Glasscock
18.9
Limestone
18m6
Goliad
2794
Lipscomb
1130
Gonzales
4994
Live Oak
44,2
Gray
1180
Llano
2482
Grayson
994
Loving
1889
Greqq
22.8
Lubbock
1996
Grimes
2714
Lynn
19e5
Guadalupe
4728
Madison
2724.
Hale
1985
Marion
2285
Hall
1180
Martin
1889
Hamilton
1816
Mason
2080
Hansford
1180
Matagorda
2754
Hardeman
1120
Maverick
4984
Hardin
2256
McCulloch
2080
8
Harris
27,3
Mclennan
2087
Harrison
2288
McMullen
4994
Hartley
1180
Medina
4914
Haskell
1069
Menard
2050
Hays
2401
Midland
1991
Hemphill
1110
Milam
1896
Henderson
22s5
Mills
1826
Hidalqo
7258
Mitchell
1089
Hill
1886
Montague
1782
Hockley
19m5
Montgomery
2713
Hood
1882
Moore
1110
Hopkins
1792
Morris
2082
Houston
22m5
Motley
1995
Howard
1889
Nacogdoches
22e5
Hudspeth
4980
Navarro
1722
Hunt
1782
Newton
2296
Hutchinson
1150
Nolan
1089
Irion
2080
Nueces
4197
Jack
1792
Ochiltree
1180
Jackson
2714
Oldham
1180
Jasper
2266
Orange
2286
Jeff Davis
49,0
Palo Pinto
1762
Jefferson
2286
Panola
22m5
Jim Hogg
4914
Parker
1832
Jim Wells
4402
Parmer
1150
Johnson
1862
Pecos
1889
Jones
1166
Polk
2794
Karnes
4994
Potter
983
Kaufman
18,2
Presidio
4910
Kendall
49A
Randall
9.3
3
09-14
Statewide
OOOmOO4
County
Participation, %
Coun y
Participation,
Rains
1782
Reagan
2020
Real
49.4
Throckmorton
1089
Red River
2082
Titus
2092
Reeves
1899
Tom Green
1962
Refugio
4422
Travis
24,1
Roberts
1130
Trinity
2784
Robertson
2784
Tyler
2286
Rockwall
1882
Upshur
2285
Runnels
2080
Upton
1899
Rusk
22m5
Uvalde
4914
Sabine
2206
Val Verde
4984
San Augustine
2205
Van Zandt
17,2
San Jacinto
2764
Victoria
2724
San Patricio
417
Walker
27,4
San Saba
20,0
Waller
2783
Schleicher
2080
Ward
18,9
Scurry
1039
Washington
2794
Shackelford
1029
Webb
8793
Shelby
22m5
Wharton
2724
Sherman
1110
Wheeler
1180
Smith
23s5
Wichita
1224
Somervell
1792
Wilbarger
1180
Starr
72,,9
Willacy
7289
Stephens
1009
Williamson
2481
Sterling
2080
Wilson
4984
Stonewall
1089
Winkler
18,9
Sutton
2080
Wise
1892
Swisher
1190
Wood
22s5
Tarrant
1882
Yoakum
1915
Taylor
11,6
Young
1140
Terrell
2030
Zapata
4984
Terry
19v5
Zavala
4924
4
09-14
Statewide
000n005
Special Provision to Item 000
Standard Federal Equal Employment Opportunity
Construction Contract Specifications ��
(Executive Order 11246)
in GENERAL
isle As used in these specifications:
■ "Covered area" means the geographical area described in the solicitation from which this Contract
resulted;
E "Director" means Director, Office of Federal Contract Compliance Programs, United States Department
of Labor, or any person to whom the Director delegates authority;
■ "Employer identification number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
■ "Minority" includes:
• Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
• Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
• Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
� • American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American and maintaining identifiable tribal affiliations through membership and participation
or community identification).
1.2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it will physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this Contract resulted.
1.3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) will be in accordance with that plan
for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its obligations under
the equal employment opportunity (EEO) clause, and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or
Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
1.4. The Contractor will implement the specific affirmative action standards provided in Section 1.7.1 . through
Section 1.7.16. of these specifications. The goals set forth in the solicitation from which this Contract resulted
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 construction trade in which it has employees in
the covered area. Covered construction Contractors performing Contracts in geographical areas where they
do not have a Federal or federally assisted construction Contract will apply the minority and female goals
established for the geographical area where the Contract is being performed. Goals are published
periodically in the Federal Register in notice form and such notices may be obtained from any Office of
Federal Contract Compliance Programs office or any Federal procurement contracting officer. The
09-14
Statewide
000=005
Contractor is expected to make substantially uniform progress toward its goals in each craft during the period
specified.
1.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereto.
1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U. S. Department of Labor.
1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity. The evaluation
of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum
results from its actions. The Contractor will document these efforts fully, and will implement affirmative action
steps at least as extensive as the following:
1.7.1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in
all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will
assign two or more women to each construction project. The Contractor will specifically ensure that all
foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention to minority or female
individuals working at such sites or in such facilities.
1.7.2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions
have employment opportunities available, and maintain a record of the organizations' responses.
107@3@ Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -
street applicant and minority or female referral from a union, a recruitment source or community organization
and of what action was taken with respect to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed
by the Contractor, this will be documented in the file with the reason therefor, along with whatever additional
actions the Contractor may have taken.
1,7,40 Provide immediate written notification to the Director when the union or unions with which the Contractor has
a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union referral Process has impeded the
Contractor's efforts to meet its obligations.'
1@7@5s Develop on-the-job training opportunities and/or participate in training programs for the area which expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor will provide notice of these programs to the sources compiled under 7b
above.
107,69 Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs
and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and Collective bargaining agreement; by publicizing it in the company newspaper, annual
report, etc.; by specific review of the policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
197878 Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other
2 09-14
Statewide
000=005
employment decisions including specific review of these items with on -site supervisory personnel such as
,,.,� Superintendents, General Foremen, etc., before the initiation of construction work at any job site. A written
record must be made and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
1.7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media,* and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or
anticipates doing business.
187896 Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with minority and female students and to minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment needs. Not later than one month before the date
for the acceptance of applications for apprenticeship or other training by any recruitment source, the
Contractor will send written notification to organizations such as the above, describing the openings,
screening procedures, and tests to be used in the selection process.
1578108
Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority and female youth both on the
site and in other areas of a Contractor's workforce.
197011,
Validate all tests and other selection requirements where there is an obligation to do sounder 41 CFR
Part 60-3.
1979120
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.
1879139
Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring all personnel and employment -related activities to
ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
1978148
Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet
and necessary changing facilities will be provided to assure privacy between the sexes.
187@159
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.
1979169
Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's
EEO policies and affirmative action obligations.
1886
Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (Section 7.1. through Section 7.16.). The efforts of a contractor
association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a
member and participant, may be asserted as fulfilling any one or more of its obligations under Section 7.1.
through Section 7.16. of these Specifications provided that the Contractor actively participates in the group,
makes every effort to assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's
minority and female workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken
on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group
to fulfill an obligation will not be a defense for the Contractor's noncompliance.
1.9.
A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor
3 09-14
Statewide
000=005
may be in violation of the Executive Order if a particular group is employed in a substantially disparate
� manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor
may be in violation of the Executive Order if a specific minority group of women is underutilized).
1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
lolls The Contractor will not enter into any Subcontract with any person or firm debarred from Government
Contracts pursuant to Executive Order 11246.
1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out
such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as
amended.
1.13. The Contractor, in fulfilling its obligations under these specifications, will implement specific affirmative action
steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order, the implementing regulations, or these specifications,
the Director will proceed in accordance with 41 CFR 60-4888
1814, The Contractor will designate a responsible official to monitor all employment -related activity to ensure that
the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be
required by the Government and to keep records. Records must at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper,
or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records must be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not
be required to maintain separate records.
1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development
Block Grant Program).
lol6o In addition to the reporting requirements set forth elsewhere in this Contract, the Contractor and the
subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, will submit for
every month of July during which work is performed, employment data as contained under Form PR 1391
(Appendix C to 23 CFR, Part 230), and in accordance with the included instructions.
4 09-14
Statewide
4%� Special Provision to Item 000
On -the -Job Training Program
1. DESCRIPTION
The primary objective of this Special Provision is the training and advancement of minorities, women and
economically disadvantaged persons toward journeyworker status. Accordingly, make every effort to enroll
minority, women and economically disadvantaged persons to the extent that such persons are available
within a reasonable area of recruitment. This training commitment is not intended, and will not be used to
discriminate against any applicant for training, whether or not he/she is a member of a minority group.
2. TRAINEE ASSIGNMENT
Training assignments are based on the past volume of state -let highway construction contracts awarded with
the Department. Contractors meeting the selection criteria will be notified of their training assignment at the
beginning of the reporting year by the Department's Office of Civil Rights.
3. PROGRAM REQUIREMENTS
Fulfill all of the requirements of the On -the -Job Training Program including the maintenance of records and
submittal of periodic reports documenting program performance. Trainees will be paid at least 60% of the
appropriate minimum journeyworker I s rate specified in the Contract for the first half of the training period,
75% for the third quarter, and 90% for the last quarter, respectively.
4. REIMBURSEMENT
If requested, Contractors may be reimbursed $0.80 per training hour at no additional cost to the Department.
Training may occur on this project, all other Department contracts, or localmadministered federal -aid projects
with concurrence of the local government entity. However, reimbursement for training is not available on
projects to the extent that such projects that do not contain federal funds.
5. COMPLIANCE
The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the
number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and
appropriate measures pursuant to Article 8.7., "Abandonment of Work or Default of Contract," which may be
used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230.
09-14
Statewide
000=241
0
0
Special Provision 000
Cargo Preference Act Requirements in Federal Aid
Contracts
in DESCRIPTION
T"a
&Ova _911r1mg
oflisnsporfatlon
All recipients of federal financial assistance are required to comply with the U.S. Department of
Transportation's (DOT) Cargo Preference Act Requirements, 46 CFR Part 381, Use of United States -Flag
Vessels.
This requirement applies to material or equipment that is acquired specifically for a Federal -aid highway
project. It is not applicable to goods or materials that come into inventories independent of a Federal
Highway Administration (FHWA) funded contract.
When oceanic shipments are necessary for materials or equipment acquired for a specific Federal -aid
construction project, the contractor agrees to:
■ Utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels
are available at fair and reasonable rates for United States -flag commercial vessels.
■ Furnish a legible copy of a rated, on -board commercial ocean bill -of -lading in English for each shipment
of cargo described in paragraph (b) (1) of 46 CFR Part 381 Section 7, "Federal Grant, Guaranty, Loan
and Advance of Funds Agreements," within 20 days following the date of loading for shipments
originating within the United States or within 30 working days following the date of loading for shipments
originating outside the United States, to both the Engineer (through the prime contractor in the case of
subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 205908
■ Insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
03-16
OTU
000=658
� Special Provision to Item 000
Schedule of Liquidated Damages
Table 1
Schedule of Liquidated Damages
For Dollar Amount of Original Contract Dollar Amount of Daily Contract
Administration Liquidated
From More Than To and Including Damages per Working Day
Dopme
T&M
0 100,000
570
100;000 500,000
590
500;000 11000,000
610
1,000,000 11500,000
685
1;500;000 31000;000
785
3;0001000 5;000,000
970
5;0001000 101000;000
11125
10;0001000 20,000,000
11285
20,000,000 Over 20,000,000
21590
In addition to the amount shown in Table 1, the Liquidated Damages will be
increased by the amount shown in Item 8 of the
General Notes for Road User Cost (RUC), when applicable.
Gi�■�
08-18
Statewide
000=659
Special Provision 000
Notice of Contractor Performance Evaluations
in GENERAL
- M-AVW
A Of TfflWMft&W
IPF
rem
In accordance with Texas Transportation Code §223,012, the Engineer will evaluate Contractor performance
based on quality, safety, and timeliness of the project.
2. DEFINITIONS
281 a Project Recovery Plan (PRP)-a formal, enforceable plan developed by the Contractor, in consultation with
the District, that documents the cause of noted quality, safety, and timeliness issues and specifies how the
Contractor proposes to correct project -specific performance deficiencies.
In accordance with Title 43, Texas Administrative Code (TAC), §9.23, the District will request a PRP if the
Contractor's performance on a project is below the Department's acceptable standards and will monitor the
Contractor's compliance with the established plan.
2829 Corrective Action Plan (CAP) -a formal, enforceable plan developed by the Contractor, and proposed for
adoption by the Construction or Maintenance Division, that documents the cause of noted quality, safety, and
timeliness issues and specifies how the Contractor proposes to correct statewide performance deficiencies.
In accordance with 43 TAC §9.23, the Division will request a CAP if the average of the Contractor's statewide
A••►� final evaluation scores falls below the Department's acceptable standards for the review period and will
monitor the Contractor's compliance with the established plan.
3. CONTRACTOR EVALUATIONS
In accordance with Title 43, Texas Administrative Code (TAC) §9.23, the Engineer will schedule evaluations
at the following intervals, at minimum:
■ Interim evaluations -at or within 30 days after the anniversary of the notice to proceed, for Contracts
extending beyond 1 yr., and
m Final evaluation -upon project closeout.
In case of a takeover agreement, neither the Surety nor its performing Contractor will be evaluated.
In addition to regularly scheduled evaluations, the Engineer may schedule an interim evaluation at any time
to formally communicate issues with quality, safety, or timeliness. Upon request, work with the Engineer to
develop a PRP to document expectations for correcting deficiencies.
Comply with the PRP as directed. Failure to comply with the PRP may result in additional remedial actions
available to the Engineer under Item 5, "Control of the Work." Failure to meet a PRP to the Engineer's
satisfaction may result in immediate referral to the Performance Review Committee for consideration of
further action against the Contractor.
The Engineer will consider and document any events outside the Contractor's control that contributed to the
failure to meet performance standards or comply with a PRP, including consideration of sufficient time.
/00"%N� Follow the escalation ladder if there is a disagreement regarding an evaluation or disposition of a PRP. The
Contractor may submit additional documentation pertaining to the dispute. The District Engineer's decision
1-2
10/19
Statewide
000=659
on a Contractor's evaluation score and recommendation of action required in a PRP or follow up for non-
compliance is final
4. DIVISION OVERSIGHT
Upon request of the Construction or Maintenance Division, develop and submit for Division approval a
proposed CAP to document expectations for correcting deficiencies in the performance of projects statewide.
Comply with the CAP as directed. The CAP may be modified at any time up to completion or resolution after
written approval of the premise of change from the Division. Failure to meet an adopted or revised adopted
CAP to the Division's satisfaction within 120 days will result in immediate referral to the Performance Review
Committee for consideration of further action against the Contractor.
The Division will consider and document any events outside the Contractor's control that contributed to the
failure to meet performance standards or comply with a CAP, including consideration of sufficient time and
associated costs as appropriate.
5. PERFORMANCE REVIEW COMMITTEE
The Performance Review Committee, in accordance with 43 TAC §9,24, will review at minimum all final
evaluations, history of compliance with PRPs, any adopted CAPs including agreed modifications, any
information about events outside a Contractor's control contributing to the Contractor's performance, and any
documentation submitted by the Contractor and may recommend one or more of the following actions:
m take no action,
m reduce the Contractor's bidding capacity,
m prohibit the Contractor from bidding on one or more projects,
� m immediately suspend the Contractor from bidding for a specified period of time, by reducing the
Contractor's bidding capacity to zero, or
m prohibit the Contractor from being awarded a Contract on which they are the apparent low bidder.
F'A
The Deputy Executive Director will determine any further action against the Contractor.
6. APPEALS PROCESS
In accordance with 43 TAC §9.25, the Contractor may appeal remedial actions determined by the Deputy
Executive Director.
2-2 10/19
Statewid
e
00001019
Special Provision 000
Certificate of Interested Parties (Form 1295)
opp,
Texas
0 of T
f Transporftkw
Submit a notarized Form 1295, "Certificate of Interested Parties," in the following instances:
m at Contract execution for Contracts awarded by the Commission;
m at Contract execution for Contracts awarded by the District Engineer or Chief Engineer with an award amount of $1,000,000
or more; at any time an existing Contract awarded by the District Engineer or Chief Engineer increases in value to
$1,000,000 or more due to changes in the Contract; at any time there is an increase of $1,000,000 or more to an existing
Contract (change orders, extensions, and renewals); or
m at any time there is a change to the information in Form 1295, when the form was filed for an existing Contract.
Form 1295 and instructions on completing and filing the form are available on the Texas Ethics Commission website.
QQ
03-21
Statewide
002409
I /""� 1
Special Provision to Item 2
Instructions to Bidders
------------
0 of 0-A
Item 2, "Instructions to Bidders," of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 2.3., "Issuing Proposal Forms," second paragraph, is supplemented by the following.
The Department will not issue a proposal form if one or more of the following apply:
■ the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project, but was deemed
nonresponsive for failure to submit a DBE commitment as specified in Article 2,14., "Disadvantaged Business Enterprise
(DBE)," is prohibited from rebidding that specific project.
Article 2.7., "Nonresponsive Bid," is supplemented by the following:
The Department will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered
nonresponsive:
M the Bidder failed to submit a DBE commitment as specified in Article 2.14., "Disadvantaged Business Enterprise (DBE)."
Article 2,14., "Disadvantaged Business Enterprise (DBE)," is added.
The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5
calendar days (as defined in 49 CFR Part 26, Subpart A) of bid opening. For a submission that meets the 5-day requirement,
administrative corrections will be allowed.
If the apparent low Bidder -fails to submit their DBE information within the specified timeframe, they will be deemed
nonresponsive and the proposal guaranty will become the property of the State, not as a penalty, but as liquidated damages. The
Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a
substantial change in the design of the work. The Department may recommend that the Commission:
m reject all bids, or
m award the Contract to the new apparent low Bidder, if the new apparent low Bidder submits DBE information within
one calendar day of notification by the Department.
If the new apparent low Bidder is unable to submit the required DBE information within one calendar day:
M the new apparent low Bidder will not be deemed nonresponsive,
M the new apparent low Bidder's guaranty will not be forfeited,
M the Department will reject all bids, and
■ the new apparent low Bidder will remain eligible to receive future proposals for the same project.
G■r1►
01-17
Statewide
002w011
Special Provision. to Item 2
Instructions to Bidders
A,&IFr�s
o
f ftnspadnWn
Item 2, "Instructions to Bidders," of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 2.3., "Issuing Proposal Forms," is supplemented by the following:
■ the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project, but was deemed
nonresponsive for failure to register or participate in the Department of Homeland Security's (DHS) E-Verify system as
specified in Article 2.15., "Department of Homeland Security (DHS) E-Verify System," is prohibited from rebidding that
specific project.
Article 2.7., "Nonresponsive Bid," is supplemented by the following:
■ the Bidder failed to participate in the Department of Homeland Security's (DHS) as specified in Article 2.15., "Department of
Homeland Security (DHS) E-Verify System."
Article 2.15., "Department of Homeland Security (DHS) EmVerify System," is added.
The Department will not award a Contract to a Contractor that is not registered in the DHS E-Verify system. Remain active in
E=Verify throughout the life of the contract. In addition, in accordance with paragraph six of Article 8.2, "Subcontracting," include
this requirement in all subcontracts and require that subcontractors remain active in E-Verify until their work is completed.
If the apparent low Bidder does not appear on the DHS E-Verify system prior to award, the Department will notify the Contractor
that they must submit documentation showing that they are compliant within 5-business days after the date the notification was
sent. A Contractor who fails to comply or respond within the deadline will be declared non -responsive and the Department will
execute the proposal guaranty. The proposal guaranty will become the property of the State, not as a penalty, but as liquidated
damages. The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there
has been a substantial change in the scope of the work.
The Department may recommend that the Commission:
■ reject all bids, or
■ award the Contract to the new apparent low Bidder, if the Department is able to verify the Bidder's participation in the DHS
E-verify system. For the Bidder who is not registered in E-Verify, the Department will allow for one business day after
notification to provide proof of registration.
If the Department is unable to verify the new apparent low Bidder's participation in the DHS E-Verif system within one calendar
day:
M the new apparent low Bidder will not be deemed nonresponsive,
■ the new apparent low Bidder's guaranty will not be forfeited,
■ the Department will reject all bids, and
■ the new apparent low Bidder will remain eligible to receive future proposals for the same project.
02-18
Statewide
003wO13
Special Provision to Item 3
Award and Execution of Contract
Item 3, "Award and Execution of Contract" of the Standard Specifications is amended with respect to the clauses cited below. No
other clauses or requirements of this Item are waived or changed.
Section 4.3 "Insurance" is being amended by the following:
Table 2
Insurance Requirements
Type of Insurance
Amount of Coverage
Commercial General Liability Insurance
Not Less Than:
1
$600,000 each occurrence
Business Automobile Policy
Not Less Than:
1
1 $6010,000 combined single limit
Workers' Compensation
Not Less Than:
Statutory
All Risk Builder's Risk Insurance
100% of Contract Price
(For buildinq-facilities contracts only)
M
A-
03-20
Statewide
005mOO2
`^ Special Provision to Item 5
QQ
Control of the Work
- 4 08�_&
r&M
Item 5, "Control of the Work," of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 5.1, "Authority of Engineer," is voided and replaced by the following.
The Engineer has the authority to observe, test, inspect, approve, and accept the work. The Engineer decides all questions
about the quality and acceptability of materials, work performed, work progress, Contract interpretations, and acceptable
Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions.
The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer's decisions will be final and
binding.
The Engineer will pursue and document actions against the Contractor as warranted to address Contract performance issues.
Contract remedies include, but are not limited to, the following:
m conducting interim performance evaluations requiring a Project Recovery Plan, in accordance with Title 43,
Texas Administrative Code (TAC) §9.23,
M requiring the Contractor to remove and replace defective work, or reducing payment for defective work,
M removing an individual from the project,
■ suspending the work without suspending working day charges,
■ assessing standard liquidated damages to recover the Department's administrative costs, including additional project -
specific liquidated damages when specified in the Contract in accordance with 43 TAC, §9.221
M withholding estimates,
m declaring the Contractor to be in default of the Contract, and
M in case of a Contractor's failure to meet a Project Recovery Plan, referring the issue directly to the Performance Review
Committee for consideration of further action against the Contractor in accordance with 43 TAC §9.249
The Engineer will consider and document any events outside the Contractor's control that contributed to the failure to meet
performance standards, including consideration of sufficient time.
Follow the issue escalation ladder.if there is disagreement regarding the application of Contract remedies.
09-18
Statewide
005=003
Special Provision to Item 5
Control of the Work
TOM
a ----&
Item 5, "Control of the Work" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses
or requirements of this Item are waived or changed.
Article 5.4, "Coordination of Plans, Specifications, and Special Provisions," the last sentence of the last paragraph is
replaced by the following:
Failure to promptly notify the Engineer will constitute a waiver of all contract claims against the Department for
misunderstandings or ambiguities that result from the errors, omissions, or discrepancies.
G■�
0
10-19
Statewide
006m001
/000%k� Special Provision to Item 6
Gr■r�
Control of Materials
- - - - - - - - - -
P_
TeX"
a Tmwporftfidn
For this project, Item 6, "Control of Materials," of the Standard Specifications, is hereby amended with
respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed
hereby.
Article 4., "Sampling, Testing, and Inspection," is supplemented by the following:
Meet with the Engineer and choose either the Department or a Department -selected Commercial Lab (CL)
for conducting the subset of project -level sampling and testing shown in Table 1, "Select Guide Schedule
Sampling and Testing." Selection may be made on a test by test basis. CLs will meet the testing turnaround
times shown (includes test time and time for travel/sampling and reporting) and in all cases issue test reports
as soon as possible.
If the Contractor chooses a Departmentmselected CL for any Table 1 sampling and testing:
■ notify the Engineer, District Lab, and the CL of project scheduling that may require CL testing;
■ provide the Engineer, District Lab, and CL at least 24 hours' notice by phone and e-mail;
■ reimburse the Department for CL Table 1 testing using the contract fee schedule for the CL (including
mileage and travel/standby time) at the minimum guide schedule testing frequencies;
■ reimburse the Department for CL Table 1 testing above the minimum guide schedule frequencies for
retesting when minimum frequency testing results in failures to meet specification limits;
■ agree with the Engineer and CL upon a policy regarding notification for testing services;
■ give any cancellation notice to the Engineer, District Lab, and CL by phone and e-mail;
■ reimburse the Department a $150 cancellation fee to cover technician time and mileage charges for
previously scheduled work cancelled without adequate notice, which resulted in mobilization of
technician and/or equipment by the CL; and
■ all CL charges will be reimbursed to the Department by a deduction from the Contractor's monthly pay
estimate.
If the CL does not meet the Table 1 turnaround times, testing charge to the Contractor will be reduced by
50% for the first late day and an additional 5%for each succeeding late day.
Approved CL project testing above the minimum testing frequencies in the Guide Schedule of Sampling and
Testing, and not as the result of failing tests, will be paid by the Department.
Other project -level Guide Schedule sampling and testing not shown on Table 1 will be the responsibility of
the Department.
09-14
Statewide
006-001
Table 1
Select Guide Schedule Sampling and Testing (Note 1)
Turn -
TOOT Test
Test Description
Around
Time
Calendar days
SOILS/BASE
Tex-101-E
Preparation of Soil and Flexible Base Materials for Testing (included in other tests)
Tex-104-E
Liquid Limit of Soils (included in 106-E)
Tex-105-E
Plastic Limit of Soils (included in 106-E)
Tex-106-E
Calculating the Plasticity Index of Soils
7
Tex-110-E
Particle Size Analysis of Soils
6
Tex-113-E
Moisture -Density Relationship of Base Materials
7
Tex-114-E
Moisture -Density Relationship of Subgrade and Embankment Soil
7
Tex-115-E
Field Method for In -Place Density of Soils and Base Materials
2
Tex-116-E
Ball Mill Method for the Disintegration of Flexible Base Material
5
Tex-117-E, Part II
Triaxial Compression Tests For Disturbed Soils and Base Materials (Part II)
6
Tex-113-E
Moisture -Density Relationship of Base Materials with Triaxial Compression Tests For Disturbed Soils and
10
wl Tex-117-E
Base Materials Part II
Tex-140-E
Measuring Thickness of Pavement Layer
2
Tex-145-E
Determining Sulfate Content in Soils - Colorimetric Method
4
Hd I IX ASPHALT 7W
Tex-200-F
Sieve Analysis of Fine and Coarse Aggregate (dry, from ignition oven with known correction factors)
1
Note 2
Tex-203-F
Sand Equivalent Test
3
Tex-206-F,
(Lab -Molded Density of Production Mixture — Texas Gyratory)
wl Tex-207-F, Part I,
Method of Compacting Test Specimens of Bituminous Mixtures with Density of Compacted Bituminous
1
wl Tex-227-F
Mixtures, Part I - Bulk Specific Gravity of Compacted Bituminous Mixtures, with Theoretical Maximum
(Note 2)
S ecific Gravity of Bituminous Mixtures
Tex-20 Part I
(In -Place Air Voids of Roadway Cores)
1
&lor PPart VI
Part
Density of Compacted Bituminous Mixtures, Part I- Bulk Specific Gravity of Compacted Bituminous
(Note 2)
Mixtures Wor Part VI - Bulk Specific Gravity of Compacted Bituminous Mixtures Using the Vacuum Method
Tex-207-F, Part V
Density of Compacted Bituminous Mixtures, Part V- Determining Mat Segregation using a Density -Testing
3
Gauge
Tex-207-F, Part VII
Density of Compacted Bituminous Mixtures, Part VII - Determining Longitudinal Joint Density using a
4
Density -Testing Gauge
Tex-212-F
Moisture Content of Bituminous Mixtures
3
Tex-217-F
Deleterious Material and Decantation Test for Coarse Aggregate
4
Tex-221-F
Sampling Aggregate for Bituminous Mixtures, Surface Treatments, and LRA (included in other tests)
Tex-222-F
Sampling Bituminous Mixtures (included in other tests)
Tex-224-F
Determination of Flakiness Index
3
Tex-226-F
Indirect Tensile Strength Test (production mix)
4
Tex-235-F
Determining Draindown Characteristics in Bituminous Materials
3
Tex-236-F
Correction Factors
Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Determining Correction Factors)
4
Tex-236-F
Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Production Mixture)
1
Note 2
Tex-241-F
(Lab -Molded Density of Production Mixture — Superpave Gyratory)
wl Tex-207-F, Part I,
Superpave Gyratory Compacting of Specimens of Bituminous Mixtures (production mixture) with Density
1
wl Tex-227-F
of Compacted Bituminous Mixtures, Part I- Part I - Bulk Specific Gravity of Compacted Bituminous
(Note 2)
Mixtures, with Theoretical Maximum Specific Gravity of Bituminous Mixtures
Tex-242-F
Hamburg Wheel -Tracking Test (production mix, molded samples)
3
Tex-244-F
Thermal Profile of Hot Mix Asphalt
1
Tex-246-F
Permeability of Water Flow of Hot Mix Asphalt
3
Tex-280-F
Flat and Elongated Particles
3
Tex-530-C
Effect of Water on Bituminous Paving Mixtures (production mix)
4
09-14
Statewide
006-001
AGGREGATES, �� ,%�,�/�
Tex-400-A
Sampling Flexible Base, Stone, Gravel, Sand, and Mineral Aggregates
3
Tex-410-A
Abrasion of Coarse Aggregate Using the Los Angeles Machine
5
Tex-411-A
Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate
12
Tex-461-A
Degradation of Coarse Aggregate by Micro-Deval Abrasion
5
%HEM1C �/
Tex-612-J Acid Insoluble Residue for Fine Aggregate 4
��tAiM,���� - ,„", ,..,GENERAL
HMA Production Specialist [TxAPA — Level 1-A] ($/hr)
HMA Roadway Specialist [TxAPA — Level 1-B] ($/hr)
Technician Travel/Standby Time ($/hr)
Per Diem ($/day — meals and lodging)
Mileage Rate ($/mile from closest CL location)
Note 1— Turn -Around Time includes test time and time for travellsampling and reporting.
Note 2 — These tests require turn -around times meeting the governing specifications. Provide test results within the stated turn -around time.
CL is allowed one additional day to provide the signed and sealed report.
09-14
Statewide
006mO12
� Special Provision to Item 6
Control of Materials
Item 6, "Control of Materials" of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 6,10., "Hazardous Materials," is voided and replaced by the following:
Comply with the requirements of Article 7.12., `Responsibility for Hazardous Materials."
Notify the Engineer immediately when a visual observation or odor indicates that materials on sites owned or controlled by the
Department may contain hazardous materials. Except as noted herein, the Department is responsible for testing, removing, and
disposing of hazardous materials not introduced by the Contractor. The Engineer may suspend work wholly or in part during the
testing, removing, or disposing of hazardous materials, except in the case where hazardous materials are introduced by the
Contractor.
Use materials that are free of hazardous materials. Notify the Engineer immediately if materials are suspected to contain
hazardous materials. If materials delivered to the project by the Contractor are suspected to contain hazardous materials, have
an approved commercial laboratory test the materials for the presence of hazardous materials as approved. Remove, remediate,
and dispose of any of these materials found to contain hazardous materials. The work required to comply with this section will be
at the Contractor's expense if materials are found to contain hazardous materials. Working day charges will not be suspended
and extensions of working days will not be granted for activities related to handling hazardous material introduced by the
Contractor. If suspected materials are not found to contain hazardous materials, the Department will reimburse the Contractor
for hazardous materials testing and will adjust working day charges if the Contractor can show that this work impacted the critical
path.
10.1. Painted Steel Requirements. Coatings on existing steel contain hazardous materials unless otherwise shown on the
plans. Remove paint and dispose of steel coated with paint containing hazardous materials is in accordance with the following:
10.1.1. Removing Paint From Steel For contracts that are specifically for painting steel, Item 446, "Field Cleaning and Painting
Steel" will be included as a pay item. Perform work in accordance with that item.
For projects where paint must be removed to allow for the dismantling of steel or to perform other work, the Department will
provide for a separate contractor (third party) to remove paint containing hazardous materials prior to or during the Contract.
Remove paint covering existing steel shown not to contain hazardous materials in accordance with Item 446, "Field Cleaning and
Painting Steel."
10-1.2. Removal and Disposal of Painted Steel. For steel able to be dismantled by unbolting, paint removal will not be
performed by the Department. The Department will remove paint, at locations shown on the plans or as agreed, for the
Contractor's cutting and dismantling purposes,, Utilize Department cleaned locations for dismantling when provided or provide
own means of dismantling at other locations.
Painted steel to be retained by the Department will be shown on the plans. For painted steel that contains hazardous materials,
dispose of the painted steel at a steel recycling or smelting facility unless otherwise shown on the plans. Maintain and make
available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the
facility name. Dispose of steel that does not contain hazardous material coatings in accordance with federal, state and local
regulations.
1-2
02-18
Statewide
006=012
10.2. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) are
known to be present. Where ACM is known to exist or where previously unknown ACM has been found, the Department will
arrange for abatement by a separate contractor prior to or during the Contract. Notify the Engineer of proposed dates of
demolition or removal of structural elements with ACM at least 60 days before beginning work to allow the Department sufficient
time for abatement.
The Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements
of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subpart M and the Texas Asbestos Health
Protection Rules (TAHPR), Based on EPA guidance and regulatory background information, bridges are considered to be a
regulated "facility" under NESHAP, Therefore, federal standards for demolition and renovation apply.
The Department is required to notify the DSHS at least 10 working days (by postmarked date) before initiating demolition or
renovation of each structure or load bearing member shown on the plans. If the actual demolition or renovation date is changed
or delayed, notify the Engineer in writing of the revised dates in sufficient time to allow for the Department's notification to DSHS
to be postmarked at least 10 days in advance of the actual work.
Failure to provide the above information may require the temporary suspension of work under Article 8.4., "Temporary
Suspension of Work or Working Day Charges," due to reasons under the control of the Contractor. The Department retains the
right to determine the actual advance notice needed for the change in date to address post office business days and staff
availability.
10.3. Lead Abatement. Provide traffic control as shown on the plans, and coordinate and cooperate with the third party and the
Department for managing or removing hazardous materials. Work for the traffic control shown on the plans and coordination
work will not be paid for directly but will be subsidiary to pertinent Items.
2-2 02-18
Statewide
007w004
`^ Special Provision to Item 7
Legal Relations and Responsibilities
. -6 %--a
Owl
TOM
Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below.
No other clauses or requirements of this Item are waived or changed.
Section 7.7.2., "Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention
Plans (SWP3)," is voided and replaced by the following:
7x2a Texas Pollution Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans
(SWP3).
7m2o I s Projects with less than one acre of soil disturbance including required associated project specific locations
(PSL's) per TPDES GP TXR 150000.
No posting or filing will be required for soil disturbances within the right of way. Adhere to the requirements of the
SWP3.
721. Projects with one acre but less than five acres of soil disturbance including required associated PSL's per
TPDES GP TXR 150000.
The Department will be considered a primary operator for Operational Control Over Plans and Specifications as
defined in TPDES GP TXR 150000 for construction activity in the right of way. The Department will post a small site
notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having operational control
over plans and specifications for work shown on the plans in the right of way.
The Contractor will be considered a Primary Operator for Dav-to-Dav Operational Control, as defined in TPDES GP
TXR 150000 for construction activity in the right of way. In addition to the Department's actions, the Contractor will
post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having
day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor
being responsible for TPDES GP TXR 150000 requirements for on- right of way and off- right of way PSL's. Adhere to
all requirements of the SWP3 as shown on the plans. The Contractor will be responsible for Implement the SWP3 for
the project site in accordance with the plans and specifications, TPDES General Permit TXR1 50000, and as directed.
723. Projects with 5 acres or more of soil disturbance including required associated PSL's per TPDES GP TXR
150000.
The Department will be considered a primary operator for Operational Control Over Plans and Specifications as
defined in TPDES GP TXR 150000 for construction activities in the right of way. The Department will post a large site
notice, file a notice of intent (NOI), notice of change (NOC), if applicable, and a notice of termination (NOT) along with
other requirements per TPDES GP TXR 150000 as the entity having operational control over plans and specifications
for work shown on the plans in the right of way.
The Contractor will be considered a primary operator for Day -to -Day Operational Control, as defined in TPDES GP TXR
150000 for construction activities in the right of way. In addition to the Department's actions, the Contractor shall file a
NOI, NOC, if applicable, and NOT and post a large site notice along with other requirements as the entity of having
day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor
1-2
10-15
Statewide
007wO04
being responsible for TPIDES GP TXR 150000 requirements for on- right of way and off- right of way PSL's. Adhere to
all requirements of the SWP3 as shown on the plans.
2-2
Statewide
007=008
� Special Provision to Item 7
Legal Relations and Responsibilities
TeX"
Is -1 --A
f Tran*wft&w
Item 7, "Legal Relations and Responsibilities" of the Standard Specifications is amended with respect to the clauses cited below.
No other clauses or requirements of this Item are waived or changed.
Section 19.1., Minimum Wage Requirements for Federally Funded Contracts. The second paragraph is voided and replaced
by the following:
Submit electronic payroll records to the Engineer using the Department's payroll system.
Section 19.2., Minimum Wage Requirements for State Funded Contracts. The second paragraph is voided and replaced by
the following:
Submit electronic payroll records to the Engineer using the Departments payroll system.
i
07-17
Statewide
007=010
°� Special Provision to Item 7
Legal Relations and Responsibilities
Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below.
No other clauses or requirements of this Item are waived or changed.
Section 7.2.4., "Public Safety and Convenience." The first paragraph is deleted and replaced by the following.
Ensure the safety and convenience of the public and property as provided in the Contract and as directed. Keep existing
roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction
to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide
for ingress and egress to adjacent property.
If the construction of the project requires the closing of a highway, as directed, coordinate the closure with the Engineer and work
to ensure all lanes and ramps possible are available during peak traffic periods before, during, and after significant traffic
generator events to avoid any adverse economic impact on the municipalities during:
m dates or events as shown on the plans, and
m other dates as directed.
09-17
OTU
007wOl 1
Special Provision to Item 007
Legal Relations and Responsibilities
O'll
Delft Is I I -A
0 tow.
of ftnvalwkn
of an
Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below.
Section 2.6., "Barricades, Signs, and Traffic Handling," the first paragraph is voided and replaced by the following:
2866 Barricades, Signs, and Traffic Handling. Comply with the requirements of Item 502 "Barricades, Signs, and
Traffic Handling," and as directed. Provide traffic control devices that conform to the details shown on the
plans, the TMUTCD, and the Department's Compliant Work Zone Traffic Control Device List maintained by
the Traffic Safety Division. When authorized or directed, provide additional signs or traffic control devices not
required by the plans.
Section 2.6.1., "Contractor Responsible Person and Alternative," is voided and replaced by the following:
2e6sl, Contractor Responsible Person and Alternative. Designate in writing, a Contractor's Responsible Person
(CRP) and an alternate to be the representative of the Contractor who is responsible for taking or directing
corrective measures regarding the traffic control. The CRP or alternate must be accessible by phone 24 hr. per
day and able to respond when notified. The CRP and alternate must comply with the requirements of Section
2.6.5., "Training."
Section 2.6.2, "Flaggers," the first paragraph is voided and replaced by the following:
2s662,, Flaggers. Designate in writing, a flagger instructor who will serve as a flagging supervisor and is responsible
for training and assuring that all flaggers are qualified to perform flagging duties. Certify to the Engineer that
all flaggers will be trained and make available upon request a list of flaggers trained to perform flagging
duties.
Section 2.6.5, "Training," is voided and replaced by the following:
2.6.5. Training. Train workers involved with the traffic control using Department -approved training as shown on the
"Traffic Control Training" Material Producer List.
Coordinate enrollment, pay associated fees, and successfully complete Department -approved training or
Contractor -developed training. Training is valid for the period prescribed by the provider. Except for law
enforcement personnel training, refresher training is required every 4 yr. from the date of completion unless
otherwise specified by the course provider. The Engineer may require training at a frequency instead of the
period prescribed based on the Department's needs. Training and associated fees will not be measured or
paid for directly but are considered subsidiary to pertinent Items.
Certify to the Engineer that workers involved in tragic control and other work zone personnel have been
trained and make available upon request a copy of the certification of completion to the Engineer. Ensure the
following is included in the certification of completion:
m name of provider and course title,
m name of participant,
m date of completion, and
m date of expiration.
1-3
11-20
Statewide
007mOl I
Where Contractor -developed training or a Departmen t-ap proved training course does not produce a
certification, maintain a log of attendees. Make the log available upon request. Ensure the log is legible and
includes the following:
m printed name and signature of participant,
m name and title of trainer, and
m date of training.
2e65561v Contractor -developed Training. Develop and deliver Contractor -developed training meeting the minimum
requirements established by the Department. The outline for this training must be submitted to the Engineer
for approval at the preconstruction meeting. The CRP or designated alternate may deliver the training
instead of the Department-approved training. The work performed and materials furnished to develop and
deliver the training will not be measured or paid for directly but will be considered subsidiary to pertinent
Items.
286a5slele Flagger Training Minimum Requirements. A Contractor's certified flagging instructor is permitted to train
other flaggers.
2@695@ 1 @20 Optional Contractor -developed Training for Other Work Zone Personnel. For other work zone personnel,
the Contractor may provide training meeting the curriculum shown below instead of Department -approved
training.
Minimum curriculum for Contractor -provided training is as follows:
Contractor -developed training must provide information on the use of personnel protection equipment,
occupational hazards and health risks, and other pertinent topics related to traffic management. The type and
amount of training will depend on the job duties and responsibilities. Develop training applicable to the work
being performed. Develop training to include the following topics.
m The Life You Save May Be Your Own (or other similar company safety motto).
m Purpose of the training.
■ It's the Law.
■ To make work zones safer for workers and motorist.
■ To understand what is needed for traffic control.
■ To save lives including your own.
■ Personal and Co -Worker Safety.
■ High Visibility Safety Apparel. Discuss compliant requirements; inspect reaularly for fading and
reduced reflective properties; if night operations are required, discuss the additional and
appropriate required apparel in addition to special night work risks; if moving operations are
underway, discuss appropriate safety measures specific to the situation and traffic control plan.
■ Blind Areas. A blind area is the area around a vehicle or piece of construction equipment not
visible to the operators, either by line of sight or indirectly by mirrors. Discuss the "Circle of Safety"
around equipment and vehicles; use of spotters; maintain eye contact with equipment operators;
and use of hand signals.
■ Runovers and Backovers, Remain alert at all times; keep a safe distance from traffic; avoid
turning your back to tragic and if you must then use a spotter; and stay behind protective barriers,
whenever possible. Note: It is not safe to sit on or lean against a concrete barrier, these barriers
can deflect four plus feet when struck by a vehicle.
■ Look out for each other, warn co-workers.
■ Be courteous to motorists.
■ Do not run across active roadways.
■ Workers must obey traffic laws and drive courteously while operating vehicles in the work zones.
,.�•, Workers must be made aware of company distracted driving policies.
m Night Time Operations. Focus should be placed on projects with a nighttime element.
2-3 11-20
Statewide
007m011
m Traffic Control Training. Basics of Traffic Control.
,,.., Identify work zone traffic control supervisor and other appropriate persons to report issues to when
0
they arise.
■ Emphasize that work zone traffic control devices must be in clean and in undamaged condition. If
devices have been hit but not damaged, put back in their correct place and report to tragic control
supervisor. If devices have been damaged, replace with new one and report to traffic control
supervisor. If devices are dirty, faded or have missing or damaged reflective tape clean or replace
and report to traffic control supervisor. Show examples of non -acceptable device conditions.
Discuss various types of traffic control devices to be used and where spacing requirements can be
found.
■ Channelizing Devices and Barricades with Slanted Stripes. Stripes are to slant in the direction
you want traffic to stay or move to; demonstrate this with a device.
■ Traffic Queuing. Workers must be made aware of traffic queuing and the dangers created by it.
Workers must be instructed to immediately notify the traffic control supervisor and other
supervisory personnel if traffic is queuing beyond advance warning sign and devices or
construction limits.
■ Signs. Signs must be straight and not leaning. Report problems to the traffic control supervisor or
other as designated for immediate repair. Covered signs must be fully covered. If covers are
damaged or out of place, report to traffic control supervisor or other as designated.
3-3 11-20
Statewide
OO8nO3O
Special Provision to Item 8
Prosecution and Progress
of ftnv"Um
----------------
vftsft� 0-0,
raurI!!
as
Item 8, "Prosecution and Progress" of the Standard Specification is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 8.2., "Subcontracting," is supplemented by the following paragraph, which is added as paragraph six to this article:
The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is
not registered in the Department of Homeland Security's (DHS) E-Verify system. Require that all subcontractors working on the
project register and require that all subcontractors remain active in the DHS E-Verify system until their work is complete on the
project.
02-18
Statewide
008wO33
/00�
Special Provision to Item 8
Prosecution and Progress
Texas
of Transportation
Item 8, "Prosecution and Progress" of the Standard Specifications is amended with respect to the clause cited below. No other
clauses or requirements of this Item are waived or changed.
Article 8.7.2., "Wrongful Default," is revised and re-Dlaced by the following:
If it is determined after the Contractor is declared in default, that the Contractor was not in default, the rights and obligations of all
parties will be the same as if termination had been issued for the convenience of the public as provided in Article 8.8
"Termination of Contract."
01-19
Statewide
247-003
Special Provision to Item 247
Flexible Base
Texas
Department
of Transportation
Item 247, "Flexible Base" of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no
other clauses or requirements of this Item are waived or changed hereby.
Section 2.4., "Certification." This section is added.
Personnel certified by the Department -approved soils and base certification program must conduct all sampling, field testing, and
laboratory testing required by the following:
■ Section 2.1, "Aggregate,"
■ Section 2.1.3.2, "Recycled Material (Including Crushed Concrete) Requirements,"
■ Section 4.3, "Compaction," for measuring flexible base depth, and
■ Section 4.3.2, "Density Control," for determining the roadway density and moisture content.
Supply the Engineer with a list of certified personnel and copies of their current certificates before laboratory and field testing is
performed and when personnel changes are made. At any time during the project, the Engineer may perform production tests as
deemed necessary in accordance with Item 5, "Control of the Work."
Section 2.5., "Reporting and Responsibilities." This section is added.
Use Department -provided templates to record and calculate all test data. Obtain the current version of the templates at
http://www.txdot.gov/inside-txdoYforms-publications/consultants-contractors/forms/site-manager.htmI or from the Engineer. The
Engineer and the Contractor will provide any available test results to the other party when requested. Record and electronically
submit all test results and pertinent information on Department -provided templates.
Section 2.6., "Sampling." This section is added.
The Engineer will sample flexible base from stockpiles located at the production site or at the project location in accordance with
Tex-400-A, Section 5.3. The Engineer will label the sample containers as "Engineer," "Contractor" or "Supplier," and "CST/M&P."
Witness the sampling and take immediate possession of the sample containers labeled "Contractor" or "Supplier." The Engineer
will maintain custody of the samples labeled "CST/M&P" until testing and reporting is completed.
Section 2.7., "Referee Testing." This section is added.
CST/M&P is the referee laboratory. The Contractor may request referee testing when the Engineer's test results fail to meet any
of the material requirements listed in Table 1. Make the request via email within 5 working days after receiving test results from
the Engineer. Submit test reports signed and sealed by a licensed professional engineer from a commercial laboratory listed on
the Department's Material Producer List (MPL) of laboratories approved to perform compaction and triaxial compression testing
located at http://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/complabs.pdf. Submit completed test reports electronically on
Department -provided templates in their original format. The referee laboratory will report test results to the Engineer within the
allowable number of working days listed in Table 2 from the time the referee laboratory receives the samples. It is at the
discretion of the Engineer or the referee laboratory to deny a referee request upon review of the test reports provided by the
Contractor.
06-18
Statewide
247-003
Table 2
Number of Allowable Working Days to Report Referee Test Results
Material Property
Test Method
Working Days
Gradation
Tex-110-E, Part 1
5
Liquid Limit (Multi -Point Method)
Tex-104-E, Part 1
5
Plasticity Index
Tex-106-E
5
Wet Ball Mill Value
Tex-116-E,
Parts I and II
5
Wet Ball Mill, % Increase passing #40 sieve
Compressive Strength'
Tex-117-E, Part II
6
Compressive Strength2
Tex-117-E
12
1. Moisture -Density curve provided by the District
2. Moisture -Density curve determined by the referee laboratory
Section 4.6., "Ride Quality." This section is voided and replaced by the following.
Measurement of ride quality only applies to the final travel lanes that receive a 1- or 2-course surface treatment for the final riding
surface, unless otherwise shown on the plans. Measure the ride quality of the base course either before or after the application
of the prime coat, as directed, and before placement of the surface treatment. Use a certified profiler operator from the
Department's MPL. When requested, furnish the Engineer documentation for the person certified to operate the profiler.
Provide all profile data to the Engineer in electronic data files within 3 days of measuring the ride quality using the format
specified in Tex-1001-S. The Engineer will use Department software to evaluate longitudinal profiles to determine areas requiring
corrective action. Correct 0.1-mi.sections for each wheel path having an average international roughness index (IRI) value
greater than 100 in. per mile to an IRI value of 100 in. per mile or less, unless otherwise shown on the plans.
Re -profile and correct sections that fail to maintain ride quality, as directed. Correct re -profiled sections until specification
requirements are met, as approved. Perform this work at no additional expense to the Department.
06-18
Statewide
300nO 17
0
Special Provision to Item 300
Asphalts, Oils, and Emulsions
of nwamrMim
Te"s
Item 300, "Asphalts, Oils, and Emulsions," of the Standard Specifications, is amended with respect to the clauses cited below.
No other clauses or requirements of this Item are waived or changed.
Section 300.2., "Materials." The first paragraph is voided and replaced by the following.
Provide asphalt materials that meet the stated requirements when tested in accordance with the referenced Department,
AASHTO, and ASTIVI test methods. Use asphalt containing recycled materials only if the recycled components meet the
requirements of Article 6.9, "Recycled Materials." Provide asphalt materials that the Department has preapproved for use in
accordance with Tex-545-C, "Asphalt Binder Quality Program."
Inform the Department of all additives or modifiers included in the asphalt binder as part of the facility quality plan, as required by
Tex-545-C, "Asphalt Binder Quality Program," and provide that information to Department personnel. The Department reserves
the right to prohibit the use of any asphalt additive or modifier.
Limit the use of polyphosphoric acid to no more than 0.5% by weight of the asphalt binder.
The use of re -refined engine oil bottoms is prohibited.
Section 300.2.2., `Polymer -Modified Asphalt Cement," Table 3 is supplemented by the following:
Table 3A
Polymer -Modified Asphalt Cement Non -Tracking Tack Coat— Hot ADWied
Property
Test Procedure
NTnHA
Min
Max
Viscosity; 275°F, cP
T 316
-
4000
Penetration, 77°F, 100 g, 5 sec.
T 49
-
25
Point, OF
T 53
170
..Softening
Dynamic shear, G*/sin b, 82°C, 10 rad/s, kPa
T 315
1.0
-
Flash Point, C.O.C., OF
T 48
425
-
Section 300.2.4., "Emulsified Asphalt," Table 10 iideds voand replaced by the following:
1-5
Statewide
300w0I 7
0
90
all
Table 10
Polymer -Modified Cationic Emulsified Asphalt
TRe=Grade
PropertySetting
Test
RapidmSettingMediumoSettin,
Slow -
Procedure
CRS-2P
CHFRS-2P
CRS-2TR
CMS-1 P3
CMS-2P3
CSSMI P
Min I Max
Min I Max
Min Max
Min Max
Min Max
Min Max
Viscosity, Saybolt Furol
T 72
770F sec.
— —
— —
-- --
10 100
— —
20 100
1220F, sec.
150 400
100 400
150 500
— —
50 400
Sieve%
/
T59
—=0.1
— �0.1
-- �0.1
— �0.1
—�0.1
—�0.1
,
Demulsibility, 35 ml of 0.8%
T 59
70 —
60 —
40
sodium dioctyl sulfosuccinate, %
Storage stability, 1 day, %
T 59
— 1
— 1
-- 1
— 1
Breaking index,
Tex-542-C
1
Particle charge
T 59
Positive
Positive
Positive
Positive
Positive
Positive
Distillation testl:
T 59
Residue distillation /o b
65 1 —
65 —
65 --
30 —
60 1 —
,
62
weight
Oil distillate,% b volume of
— = 0.5
— = 0.5
-- 3
— 0.5
,
— _' 0.5
— 0.5
emulsion
,
Tests on residue from distillation:
'
Polymer content, wt. /o solids
Tex, 533-C
3.0 —
3.0 —
5.0
— —
— —
3.0,
basis)_
Penetration, 77* F 100 g,
T 49
90 = 150
80 130
90 = 150
30 —
30 —
55 90
5 sec.
Viscosity,1400F, poise
T 202
1;300' —
1;300 —
1;000
Solubility in trichloroethylene,
T 44
9780 ;
9580 ;
98
9790 ; —
%
's
inpoint,F
T 53
�
— � —
130 _________135Softeng
0
Ductility, 77 F m/min. cm
,
T 51
=
— —
— —
40 --
— —
— —
,
705c
Float test, 1400F, sec.
T 50
;
— —
1;800 —
-- --
— ; —
— —
;
Ductility,2 39.20F, 5 cm/min.,
T 51
50 —
— —
-- --
— —
— —
—
,
cm
Elastic recove 2 500F,%
Tex-539-C
55 —
55 —
-- --
- —
- —
— —
Tests on residue from evaporative
R 78
=
_
recovery:
Proced u re B
Nonrecoverable creep
Dance of residue 3.2
'
T 350
- 2,0
-
40com
,
kPa, 520C, kPa-1,
Tests on rejuvenatingagent:
,
Viscosity, 1400F, cSt
T 201
— _ —
— —
-- _ --
50 = 175
50 ; 175
— —
Flash point, C.O.C. F
T 48
=
— _ —
— _ —
-- _ --
380 = —
380—
r weight
ates /o bY
D 2007
_________30_30Satu
Solubility in n-pentane, /o by
D 2007
99 —
99
,
weight
Tests on rejuvenating agent after
T 240 or
TFO or RTFO:
T 179
Weight Change, %
_
— � —
— � —
-- � --
— �685—
�6,5
,
Viscosity Ratio
— —
— _ —
-- --
— 3,0
— 380
— —
Tests lateX4:
;
Tensilestrength,die C
D4125_
— _ —
— —
-- --
800 1 —
800
�pdumbbell si
Change in mass after
immersion in rejuvenatingD
471406—
, —
agent, /o
2-5
Statewide
300m0I 7
0
1. Exception to T 59: Bring the temperature on the lower thermometer slowly to 350°F (±OOF), Maintain at this temperature
for 20 min. Complete total distillation in 60 min. (±5 min.) from the first application of heat.
2. CRS-2P must meet one of either the ductility or elastic recovery requirements.
3. With all precertifi cation samples of CMS-1 P or CMS-2P, submit certified test reports showing that the rejuvenating agent
and latex meet the stated requirements. Submit samples of these raw materials if requested by the Engineer.
4. Preparation of latex specimens: use any substrate and recovery method which produces specimens of uniform
dimensions and which delivers enough material to achieve desired residual thickness.
5. Cut samples for tensile strength determination using a crosshead speed of 20 in. per minute.
6. Specimen must remain intact after exposure and removal of excess rejuvenating agent.
7. Modifier type is tire rubber,
Section 300.2.4., "Emulsified Asphalt", is supplemented by the following:
Emulsified Asphalt. Provide emulsified asphalt that is homogeneous, does not separate after thorough mixing, and meets the
requirements for the specified type and grade in Tables 7, 8, 9, 10 and 10A.
Table I OA
NonmTrackina Tack Coat Emulsion
Hard Residue NTwHRE
Regular Residue NTmRRE
Property
Test Procedure
Min
Max
Min
Max
Viscosity, Saybolt Furol, 77° F,sec
T 72
15
--
15
Storage stability, 1 Day, %
T 59
1—
1
—
1
Settlement, 5-day, %
T 59
2
5
2
i 5
Sieve test, %
T 59
—
0,30
—
0830
Distillation test:'
T 59
Residue by distillation, % by wt.
50
--
50
--
Oil distillate, by volume of emulsion
--
100
—
1'0
Test on residue from distillation:
Penetration, 771F, 100 g, 5 sec.
T 49
—
20
20
60
Solubility in trichloroethylene, %
T 44
9785
—
9795
—
Softening point, OF
T 53
150
150
Dynamic shear, G*/sin(6), 82°C, 10 rad/s, kPa
T 315
110
—
180
—
1. Exception to AASHTO T-59: Bring the temperature on the lower thermometer slowly to 350°F t
10°F. Maintain at this temperature for 20 min. Complete total distillation in 60 t 5 min. from first
application of heat.
Section 300.2-5., "Specialty Emulsions." The first sentence is voided and replaced with the following:
Specialty emulsions may be either asphalt -based or resin -based and must meet the requirements of Table 11 or Table 11A.
Section 300.2.5., "Specialty Emulsions," is supplemented by the following:
3.5 08-20
Statewide
300=01 7
&a
QM&
Table I IA
Hard Residue Surface Sealant
Pro eq
Test Procedure
Min
Max
Viscosity, Krebs unit, 77°F, Krebs units
D 562
45
75
Softening pIF
T 531
250
Uniformity
D 2939
PaSS2
Resistance to heat
D 2939
PasS3
Resistance to water
D 2939
PasS4
Wet flow, mm
D 2939
--
0
Resistance to Kerosene (optional)5
D 2939
PasS6
Ultraviolet exposure, UVA-340, 0.77 W/M2, 50°C chamber, 8 hours UV lamp, 5
min spr 3 hours 55 minutes condensation, 1000 hr total exposure7
G 154
Pass8
Abrasion loss, 1.6 mm thickness, li uid only, %
ISSA TB-1 00
—
180
Residue by evaporation, % by weight
D 2939
33
—
Tests on residue from evaporation:
Penetration, 770F 100 g, 5 sec.
Flash point, Cleveland open cup, °F
T 49
T 48
15
500
30
Tests on base asphalt before emulsification
Solubilityin trichloroeth lene, %
T 44
98
—
1. Cure the emulsion in the softening point ring in a 200°F t 5°F oven for 2 hr.
2. Product must be homogenous and show no separation or coagulation that cannot be overcome by moderate stirring.
3. No sagging or slippage of film beyond the initial reference line.
4. No blistering or re -emulsification.
5. Recommended for airport applications or where fuel resistance is desired.
6. No absorption of Kerosene into the clay tile past the sealer film. Note sealer surface condition and loss of adhesion.
7.Other exposure cycles with similar levels of irradiation and conditions may be used with Department approval.
8. No cracking, chipping, surface distortion, or loss of adhesion. No color fading or lightening.
Section 300.2.10., "Performance -Graded Binders," Table 17 is voided and replaced by the following:
4-5
08-20
Statewide
300mOl 7
0
Table 17
Performance -Graded Binders
Performance Grade
Property and Test Method
PG 58
PG 64
1
PG 70
PG 76
PG 82
-22
-28
-34
-16 1
-22 -28
-34
-16 -22 T -28
-34
-16
-22 1
-28 1
-34
-16 -22
-28
Average 7-day max pavement design
58
64
70
76
82
temperature, °C'
Min pavement design temperature, °C'
-22
-28
-34
-16 1
-22 1 -28 1
-34 1-16
1-22 1-28 1-34
-16 1-22
1-28
1-34
-16 -22
-28
1
Original Binder
[Flash point, T 48, Min, °C
230
Viscosity, T 3162,3:
135
Max, 3.0 Paes, test temperature, °C
Dynamic shear, T 3154:
G*/sin(8), Min, 1 .00 kPa, Max, 2.00
58
64
70
76
82
kPa',
Test temperature 0, 10 rad/sec., °C
Elastic recovery, D6084, 50°F, % Min8
—
—
30
—
— 30
50
—11 30 50
60
30
50
60
70
50 60
70
Rolling
Thin -Film Oven TexW5410c)
Mass loss, Tex-541-C, Max, %
180
Dynamic shear, T 315:
G*/sin(8), Min, 2.20 kPa, Max, 5.00
58
64
70
76
82
kPa',
Test temperature @ 10 rad/sec., °C
MSCR, T350, Recovery, 0.1 kPa, High
_
_1
20
-
-
20
30
-
20
30
40
20
30
40
50
30
40
50
Temperature, % Mine
1
1
1
1
1 1
Pressure A in
Vessel PA Residue R 28)
PAV aging temperature, °C
100
Dynamic shear, T 315:
G*/sin(8), Max, 5000 kPa
25
22
19
28
25
22
19
28
25
22
19
28
25
22
19
28
25
22
Test temperature @ 10 rad/sec. , °C
Creep stiffness, T 313516:
S, max, 300 MPa,
12
-18
-24
-6
-12
-18
-24
-6
-12
-18
-24
-6
-12
-18
-24
-6
-12
-18
M-value, min, 0.300
Test temperature @ 60 sec., °C
Direct tension, T 3146:
i
t
t
f
i
I
Failure strain, min, 1.0%
-12
-18
-24
-6
-12
-18
-24
-6
-12
-18
-24
-6
-12
-18
-24
-6
-12
-18
Test temperature 1.0 mm/min., °C
I _j
1. Pavement temperatures are estimated from air temperatures using an algorithm contained in a Department -supplied computer
program, may be provided by the Department, or by following the procedures outlined in AASHTO MP 2 and PP 28.
2. This requirement may be waived at the Department's discretion if the supplier warrants that the asphalt binder can be adequately
pumped, mixed, and compacted at temperatures that meet all applicable safety, environmental, and constructability requirements. At
test temperatures where the binder is a Newtonian fluid, any suitable standard means of viscosity measurement may be used,
including capillary (T 201 or T 202) or rotational viscometry (T 316).
3. Viscosity at 135°C is an indicator of mixing and compaction temperatures that can be expected in the lab and field. High values may
indicate high mixing and compaction temperatures. Additionally, significant variation can occur from batch to batch. Contractors
should be aware that variation could significantly impact their mixing and compaction operations. Contractors are therefore
responsible for addressing any constructability issues that may arise.
4. For quality control of unmodified asphalt binder production, measurement of the viscosity of the original asphalt binder may be
substituted for dynamic shear measurements of G*/sin(8) at test temperatures where the asphalt is a Newtonian fluid. Any suitable
standard means of viscosity measurement may be used, including capillary (T 201 or T 202) or rotational viscometry (T 316).
5. Silicone beam molds, as described in AASHTO TP 1-93, are acceptable for use.
6. If creep stiffness is below 300 MPa, direct tension test is not required. If creep stiffness is between 300 and 600 MPa, the direct
tension failure strain requirement can be used instead of the creep stiffness requirement. The m-value requirement must be satisfied
i n both cases.
7. Maximum values for unaged and RTFO aged dynamic shear apply only to materials used as substitute binders, as described in
specification items, 340, 341, and 344.
8. Elastic Recovery (ASTM D6084) is not required unless MSCR (ASTM 315) is less than the minimum % recovery. Elastic Recovery
shall be used for the acceptance criteria in this instance.
5-5
08-20
Statewide
316wOO2
Special Provision to Item 316
Seal Coat
A _101 -1
D"i UOIrrm"
, of
Item 316, "Seal Coat' of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or
requirements of this Item are waived or changed.
Section 4.8, "Asphalt Placement" is supplemented by the following:
4,8,58 Collect all samples in accordance with Tex-500-C, "Sampling Bituminous Materials, Pre -Molded Joint Fillers,
and Joint Sealers" from the distributor and with witness by the Engineer.
At least once per project, collect split samples of each binder grade and source used. The Engineer will
submit one split sample to MTD for testing and retain the other split sample.
In addition, collect one sample of each binder grade and source used on the project for each production day.
The Engineer will retain these samples.
The Engineer will keep all retained samples for one yr., for hot -applied binders and cutback asphalts; or for
two Mo., for emulsified asphalts. The Engineer may submit retained samples to MTD for testing as necessary
or as requested by MTD.
0
07-19
Statewide
347mOO2
� Special Provision to Item 347
Thin Overlay Mixtures
of TINWOMU&M
TeX"
For this project, Item 347, "Thin Overlay Mixtures," of the Standard Specifications, is hereby amended with respect to the clauses
cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Section 347.2.5. "Tack Coat." The first paragraph is voided and replaced by the following.
Unless otherwise shown on the plans, furnish CSS-1 H, SS-1 H, or a PG binder with a minimum high -temperature grade of PG 58
for tack coat binder in accordance with Item 300, "Asphalts, Oils, and Emulsions." Specialized tack coat materials listed on the
Department's MPL are allowed or required when shown on the plans. Do not dilute emulsified asphalts at the terminal, in the
field, or at any other location before use.
Section 347.2.6.2., "Warm Mix Asphalt (WMA)," is voided and replaced by the following.
Warm Mix Additive. Warm mix additives are allowed for use on all projects and are required when shown on the plans to
facilitate mixing and compaction. When a warm mix additive is required, no reduction in temperature for the PG grade of the
binder will be permitted. Department -approved warm mix additives may be used to facilitate mixing and compaction of HMA
produced at target discharge temperatures greater than 275°F.
Section 347.4.1., "Certification." The paragraph is voided and replaced by the following.
'^`1 Certification. Personnel certified by the Department-approved hot -mix asphalt certification program must conduct all mixture
designs, sampling, and testing in accordance with Table 4. Supply the Engineer with a list of certified personnel and copies of
their current certificates before beginning production and when personnel changes are made. Provide a mixture design
developed and signed by a Level 2 certified specialist. Provide Level 1A certified specialists at the plant during production
operations. Provide Level 1 B certified specialists to conduct placement tests. Provide Level AGG1 01 certified specialists for
0
aggregate testing.
Table 4, "Test Methods, Test Responsibility, and Minimum Certification Levels" is voided and replaced by the following.
1-7
07-19
Statewide
347-002
Table 4
Test Methods, Test Responsibilitv, and Minimum Certification Levels
Test Description Test Method Contractor Engineer Level'
1. Aggregate Testing
Sampling
Tex-221-F
✓
✓
1A/AGG101
Dry sieve
Tex-200-17, Part I
✓
✓
1A/AGG101
Washed sieve
Tex-200-F, Part II
✓
✓
1A/AGG101
Deleterious material
Tex-217-F, Part I
✓
✓
AGG101
Decantation
Tex-217-F, Part II
✓
✓
AGG101
Los Angeles abrasion
Tex-410-A
✓
TOOT
Magnesium sulfate soundness
Tex-411-A _
✓
TOOT
Micro-Deval abrasion
Tex-461-A
✓
AGG101
Crushed face count
Tex-460-A
✓
✓
AGG101
Flat and elongated particles
Tex-280-F
✓
✓
AGG101
Linear shrinkage
Tex-107-E
✓
✓
AGG101
Sand equivalent
Tex-203-F
✓
✓
AGG101
Organic impurities
Tex-408-A
✓
✓
AGG101
2. Asphalt Binder & Tack Coat Sampling
Asphalt binder sampling
Tex-500-C, Part II
✓
✓
1A/1 B
Tack coat sampling
Tex-500-C, Part III
✓
✓
1A/1 B
3. Mix Desi n & Verification
Design and JMF changes
Tex-204-F
✓
✓
2
Mixing
Tex-205-F
✓
✓
2
Molding (TGC)
Tex-206-F
✓
✓
1A
Molding SGC
Tex-241-F
✓
✓
1 A
Laboratory -molded density
Tex-207-F, Parts I & VI
✓
✓
1A
Rice gravity
Tex-227-17, Part II
✓
✓
1A
Drain -down
Tex-235-F
✓
✓
1A
_
Ignition oven correction factors2
Tex-236-F, Part II
✓
✓
2
Indirect tensile strength
Tex-226-F
✓
✓
1A
Overlay test
Tex-248-F
✓
TOOT
Hamburg Wheel test
Tex-242-F
✓
✓
1A
Boil test
Tex-530-C
✓
✓
1A
4. Production Testing
Selecting production random numbers
Tex-225-F, Part I
✓
1A
Mixture sampling
Tex-222-F
✓
✓
1A/1 B
Molding TGC
Tex-206-F
✓
✓
1A
Molding SGC
Tex-241-F
✓
✓
1A
Laboratory -molded density
Tex-207-F, Parts I & VI
✓
✓
1A
Rice gravity
Tex-227-F, Part 11
✓
✓
1A
Gradation & asphalt binder content2
Tex-236-F, Part I
✓
✓
1A
Drain -down
Tex-235-F
✓
✓
1A
Control charts
Tex-233-F
✓
✓
1A
Moisture content
Tex-212-F, Part 11
✓
✓
1A/AGG101
Hamburg Wheel test
Tex-242-F
✓
✓
1A
Overlay test
Tex-248-F
✓
✓
TOOT
Micro-Deval abrasion
Tex-461-A
✓
AGG101
Boil test
Tex-530-C
✓
✓
1A
Abson recovery
Tex-211-F
✓
TOOT
5. Placement Testin
Establish rolling pattern
Tex-207-F, Part IV
✓
1 B
In -place density nuclear method
Tex-207-F, Part III
✓
1 B
Control charts
Tex-233-F
✓
✓
1A
Ride quality measurement
Tex-1001-S
✓
✓
Note 3
Thermal profile
Tex-244-F
✓
✓
1 B
Permeability
Tex-246-F
✓
✓
1 B
Level 1A, 113, AGG101, and 2 are certification levels provided by the Hot Mix Asphalt Center certification program.
Refer to Section 347.4.9.2.3., "Production Testing" for exceptions to using an ignition oven.
Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test
Type B is specified.
2-7 07-19
Statewide
347-002
Table 7, "Laboratory Mixture Design Properties," is voided and replaced by the following.
Table 7
Laboratory Mixture Design Properties
Mixture Property
Test Method
Requirement
Target laboratory -molded density, % (TGC)
Tex-207-F
97.51
Design gyrations (Ndesign for SGC
Tex-241-F
501
Hamburg Wheel test, passes at 12.5 mm rut depth for PG 70 mixtures
Tex-242-F
15,000 Min
Hamburg Wheel test, passes at 12.5 mm rut depth for PG 76 mixtures
Tex-242-F
20,000 Min
Drain -down, %
I Tex-235-F
0.20 Max
1. Unless otherwise shown on the plans or approved by the Engineer.
2. May be adjusted within the range of 35-100 gyrations when shown on the plans or specification or when
mutually agreed between the Engineer and Contractor.
Table 7A
Overlav Test Requirements
Mixture Property
Test Method
TOM-C
TOM-F
Crack Progression Rate'
Tex-248-F
0.45 Max
0.45 Max
Critical Fracture Energy, lb.-in/sq. in'
1.0 Min
1.5 Min
1. If the requirement is not meet, the Engineer may approve the mix if the average number of cycles is
>-300 cycles.
Section 347.4.4.2.1.13., "Trial Batch Testing," is voided and replaced by the following.
Test the trial batch to ensure the mixture produced using the proposed JMF1 meets the mixture requirements in Table 8. Ensure
the trial batch mixture is also in compliance with the Hamburg Wheel test, Overlay test, and drain -down requirements listed in
Tables 7 and 7A. Use a Department -approved laboratory listed on the MPL to perform the Hamburg Wheel test on the trial batch
mixture or request that the Department perform the Hamburg Wheel test. Obtain and provide approximately 50 lb. of trial batch
mixture in sealed containers, boxes, or bags labeled with the CSJ, mixture type, lot, and sublot number in accordance with
`W00. Tex-222-F for the Overlay test. The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test
and Overlay test results on the trial batch. Provide the Engineer with a copy of the trial batch test results.
Section 347.4.4.2.1.14., "Development of JMF2," is voided and replaced by the following.
Evaluate the trial batch test results after the Engineer grants full approval of JMF1 based on results from the trial batch,
determine the optimum mixture proportions, and submit as JMF2. Adjust the asphalt binder content or gradation to achieve the
specified target laboratory -molded density. The asphalt binder content established for JMF2 is not required to be within any
tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must meet the
voids in mineral aggregates (VMA) requirements for production shown in Table 6. If the optimum asphalt binder content for JMF2
is more than 0.5% lower than the optimum asphalt binder content for JMF1, the Engineer may perform the Overlay test in
accordance with Tex-248-F on Lot 1 production to verify compliance with the Overlay test requirements in Table 7A.
3-7 07-19
Statewide
347-002
Table 8, "Operational Tolerances," is voided and replaced by the following.
Table 8
Operational Tolerances
Allowable
Allowable
Allowable
Test
Difference
Difference
Difference
Description
Method
between Trial
from Current
between
Batch and
JMF Target
Contractor and
JMF1 Target
Engineer'
Individual % retained for #8 sieve and
+3,02,3
±5.0
larger
Tex-200-F
or
Must be Within
Master Grading
Individual % retained for sieves smaller
+3.02,3
±3.0
than #8 and larger than #200
Tex-236-F
Limits in Table 6
passing the #200 sieve
±2.02,3
±1.6
Asphalt binder content, %4
Tex-236-F
±0.3
±0.33
±0.3
Laboratory -molded density, %
±1.0
±1.0
±1.0
Laboratory -molded bulkspecific gravityTex-207-F
N/A
N/A
±0.020
VMA, % Min
Tex-204-F
Note 5
Note 5
N/A
Theoretical maximum specific (Rice)
Tex-227-F
N/A
N/A
±0.020
gravity
Drain -down, %
Tex-235-F
Note 6
Note 6
N/A
1. Contractor may request referee testing only when values exceed these tolerances.
2. When within these tolerances, mixture production gradations may fall outside the master grading limits;
however, the % passing the #200 will be considered out of tolerance when outside the master grading limits.
3. Only applies to mixture produced for Lot 1 and higher.
4. Binder content is not allowed to be below the limits shown in Table 6. May be obtained from asphalt meter
readouts.
5. Verify that Table 6 requirements are met.
6. Test and verify that Table 7 requirements are met.
Section 347.4.4.2.2.3., "Hamburg Wheel and Overlay Testing of JMF1," is voided and replaced by the following.
If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the laboratory mixture, the
Engineer will mold samples in accordance with Tex-242-17 to verify compliance with the Hamburg Wheel test requirement in
Table 7. The Engineer will perform the Overlay test and mold samples in accordance with Tex-248-F to verify compliance with
the Overlay test requirements in Table 7A.
Section 347.4.4.2.2.5., "Testing the Trial Batch," is voided and replaced by the following.
Within 1 full working day, the Engineer will sample and test the trial batch to ensure that the mixture meets the requirements in
Table 8. The Engineer will mold samples in accordance with Tex-242-F if the Contractor requests the option to have the
Department perform the Hamburg Wheel test on the trial batch mixture to verify compliance with Hamburg Wheel test
requirements in Table 7. The Engineer will mold samples for the Overlay test in accordance with Tex-248-F to verify compliance
with the Overlay test requirement in Table 7A.
The Engineer will have the option to perform the following tests on the trial batch:
■ Tex-248-F, to confirm the mixture meets the Overlay test requirement shown in Table 7A; and
■ Tex-530-C, to retain and use for comparison purposes during production.
Section 347.4.4.2.2.6., "Full Approval of JMF1," is voided and replaced by the following.
The Engineer will grant full approval of JMF1 and authorize the Contractor to proceed with developing JMF2 if the Engineer's
results for the trial batch meet the requirements in Tables 7 and 7A. The Engineer will notify the Contractor that an additional trial
batch is required if the trial batch does not meet these requirements.
4-7 07-19
Statewide
347-002
Section 347.4.4.2.2.7., "Approval of JMF2," is voided and replaced by the following.
The Engineer will approve JMF2 within one working day if the gradation meets the master grading limits shown in Table 6 and is
within the operational tolerances of JMF1 listed in Table 8. The asphalt binder content established for JMF2 is not required to be
within any tolerance of the optimum asphalt binder content established for JMF1; however, mixture produced using JMF2 must
meet the VMA requirements shown in Table 6. The Engineer may perform Tex-248-F on Lot 1 to confirm the mixture meets the
Overlay test requirement shown in Table 7 if the optimum asphalt binder content for JMF2 is more than 0.5% lower than the
optimum asphalt binder content for JMF1.
Section 347.4.4.2.2.9., "Approval of JMF3 and Subsequent JMF Changes," is voided and replaced by the following.
JMF3 and subsequent JMF changes are approved if they meet the master grading limits shown in Table 6, mixture requirements
shown in Tables 7 and 7A, and are within the operational tolerances of JMF2 shown in Table 8.
Section 347.4.5.2., "Mixing and Discharge of Materials," is voided and replaced by the following.
Notify the Engineer of the target discharge temperature and produce the mixture within 250F of the target. Monitor the
temperature of the material in the truck before shipping to ensure that it does not exceed 350OF and is not lower than 275°F. The
Department will not pay for or allow placement of any mixture produced above 350°F.
Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from
the plant. Determine the moisture content, if requested, by oven -drying in accordance with Tex-212-F, Part II, and verify that the
mixture contains no more than 0.2% of moisture by weight. Obtain the sample immediately after discharging the mixture into the
truck, and perform the test promptly.
Table 9, "Compacted Lift Thickness," is voided and replaced by the following.
Table 9
Compacted Lift Thickness
Mixture Type
Compacted Lift Thickness'
Minimum in.
Maximum in.
TOM-C
0.75
1.25
TOM-F
0.5
1.00
1. Compacted target lift thickness will be specified on the plans.
Section 347.4.7.1.1., "When Using a Thermal Imaging System," is voided and replaced by the following:
The Contractor may pave any time the roadway is dry and the roadway surface temperature is at least 60°F; however, the
Engineer may restrict the Contractor from paving surface mixtures if the ambient temperature is likely to drop below 320F within
12 hr. of paving. Provide output data from the thermal imaging system to demonstrate to the Engineer that no recurring severe
thermal segregation exists in accordance with Section 347.4.7.3.1.2., "Thermal Imaging System."
Section 347.4.7.1.2., "When Not Using a Thermal Imaging System," is voided and replaced by the following.
Place mixture when the roadway surface temperature is at or above 707 unless otherwise approved. Measure the roadway
surface temperature with a hand-held thermal camera or infrared thermometer. The Engineer may allow mixture placement to
begin before the roadway surface reaches the required temperature requirements if conditions are such that the roadway surface
will reach the required temperature within 1 hr. of beginning placement operations. Place mixtures only when weather conditions
and moisture conditions of the roadway surface are suitable as determined by the Engineer. The Engineer may restrict the
Contractor from paving if the air temperature is 707 and falling.
5-7 07-19
Statewide
347-002
Section 347.4.7.2., "Tack Coat." The paragraph is voided and replaced by the following.
4.7.2.1. Application. Clean the surface before placing the tack coat. The Engineer will set the rate between 0.04 and 0.10 gal.
of residual asphalt per square yard of surface area. Apply a uniform tack coat at the specified rate unless otherwise
directed. Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns. Apply the tack coat to
all surfaces the will come in contact with the subsequent HMA placement, unless otherwise directed. Allow adequate
time for emulsion to break completely before placing any material. Prevent splattering of tack coat when placed
adjacent to curb, gutter, and structures. Do not dilute emulsified asphalts at the terminal, in the field, or at any other
location before use.
4.7.2.2. Sampling. The Engineer will obtain at least one sample of the tack coat binder per project in accordance with
Tex-500-C, Part III, and test it to verify compliance with Item 300, "Asphalts, Oils, and Emulsions." The Engineer will
obtain the sample from the asphalt distributor immediately before use.
For emulsions, the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or
equal to the specification requirement in Item 300, "Asphalts, Oils, and Emulsions."
Section 347.4.7.3.1.3., "Thermal Camera," is voided and replaced by the following.
Take immediate corrective action to eliminate recurring moderate thermal segregation when a hand-held thermal camera is
used. Evaluate areas with moderate thermal segregation by performing water flow testing in accordance to Tex-246-F and verify
the water flow is greater than 120 sec. Provide the Engineer with the thermal profile of every sublot within one working day of the
completion of each lot. When requested by the Engineer, provide the electronic files generated using the thermal camera. Report
the results of each thermal profile in accordance with Section 347.4.2., "Reporting and Responsibilities." The Engineer will use a
hand-held thermal camera to obtain a thermal profile at least once per project. Suspend operations and take immediate
corrective action to eliminate severe thermal segregation unless otherwise directed. Resume operations when the Engineer
determines that subsequent production will meet the requirements of this Section. Evaluate areas with severe thermal
segregation by performing water flow testing in accordance to Tex-246-F and verify the water flow is greater than 120 sec.
Remove and replace the material in any areas that have both severe thermal segregation and a failing result for water flow test
unless otherwise directed.
Table 10, "Production and Placement Testing Frequency," is voided and replaced by the following.
Table 10
Production and Placement Testinq Frequency
Description
Test Method
Minimum Contractor
Testing Frequency
Minimum Engineer
Testing Frequency
Individual % retained for #8 sieve and larger
Tex-200-F
or
Tex-236-F
1 per sublot
1 per 12 sublots
Individual % retained for sieves smaller than #8
and larger than #200
passing the #200 sieve
Laboratory -molded density
NIA
1 per sublot
Laboratory -molded bulkspecific gravityTex-207-F
VMA
Tex-204-F
Moisture content
Tex-212-17, Part II
When directed
Theoretical maximumspecific Ricegravity
Tex-227-F
N/A
1 per sublot
Asphalt binder content
Tex-236-F
1 per sublot
1 per lot
Overly test'
Tex-248-F
N/A
1 per project
Hamburg Wheel test
Tex-242-F
N/A
1 per project
Thermal profile
Tex-244-F
1 per sublot
Asphalt binder sampling and testing'
Tex-500-C
1 per sublot (sample onl
Boil test2
_
Tex-530-C
1 per sublot
Water flow
Tex-246-F
1. Testing performed by the Materials and Tests Division or as directed.
2. The Engineer may reduce or waive the sampling and testing requirements based on a satisfactory test history.
6-7 07-19
Statewide
347w002
Section 347.5., "Measurement," is supplemented by the following.
� 5§3 Tack Coat. Tack coat will be measured at the applied temperature by strapping the tank before and after road
application and determining the net volume in gallons from the calibrated distributor. The Engineer will witness all
strapping operations for volume determination. All tack, including emulsions, will be measured by the gallon applied.
The Engineer may allow the use of a metering device to determine asphalt volume used and application rate if the
device is accurate within 1.5% of the strapped volume.
Section 347.6., "Payment," the first paragraph is voided and replaced with the following.
The work performed and materials furnished in accordance with this Item and measured as provided under Article 347.5.1 and
Article 347.5.2, "Measurement," will be paid for at the unit bid price for "TOM (Asphalt)" of the binder specified and for "TOM
(Aggregate)" of the grade and SAC specified. These prices are full compensation for surface preparation, materials, placement,
equipment, labor, tools, and incidentals.
Section 347.6., "Payment," is supplemented by the following.
The work performed and materials furnished in accordance with this Item and measured as provided under Article 347.5.3,
"Measurement," will be paid for at the unit bid price for "Tack Coat' of the tack coat provided. These prices are full compensation
for materials, placement, equipment, labor, tools, and incidentals.
7-7 07-19
Statewide
2wOO1
� Special Provision to Item 442
Metal for Structures
Item 442, "Metal for Structures" of the Standard Specifications is amended with respect to the clause cited below. No other
clauses or requirements of this Item are waived or changed.
Section 442.2.1.3.3., "Fasteners." The first sentence of the first paragraph is replaced by the following:
Fasteners. Provide high -strength bolts that meet ASTM F3125-Grade A325 unless otherwise shown on the plans.
Section 442.2.1 .3.3., "Fasteners." The third paragraph is deleted and not replaced.
Gi■�
05-19
Statewide
421w009
Article 421.4.2, "Mix Design Proportioning," Table 8 is voided and replaced by the following.
Table 8
Concrete Classes
Class of
Design
Max
Coarse
Cement
Mix
Exceptions to
Concrete
Strength,
wlcm
Aggregate
Types
Design
Mix Design Options
General Usages
din fc (psi)
Ratio
Gradeslllt4
Options
When the cementitious material
Curb, gutter, curb & gutter, conc.
content does not exceed
retards, sidewalks, driveways,
A
31000
0.60
1-418
520 lb./cu. yd., any fly ash listed
back-up walls, anchors, non -
I, II, I/ll, IL,
1& 7
in the MPL may be used ata
reinforced drilled shafts
IP, IS, IT, Vcement
,2141
replacement of 20% to
50%,
Riprap, traffic signal controller
B
21000
0,60
2-7
foundations, small roadside
signs, and anchors
Drilled shafts, bridge
substructure, bridge railing,
C6
31600
0845
14
I, II, 1/11; IP,
1-8
culverts except top slab of direct
6
IL, IS, IT, V
traffic culverts, headwalls, wing
walls, inlets, manholes, concrete
traffic barrier
When the cementitious material
Seal concrete
content does not exceed 520
E
3,000
0.50
25
IL, IP, IS, IT,
lb./cu.
yd., any fly ash listed inthe MPL may be used at a
V
1-8
cement rep lacement of 20% to
50%90
I, II, 1/11, IP,
Railroad structures; occasionally
Note7
0.45
2_5
IL, IS, IT, V
for bridge piers, columns, bents ,
post -tension members
Do not use Type III cement in
Precast concrete, post -tension
mass placement concrete.
members
Up to 20% of blended cement
H6
Notes
0,45
3-6
IP, IL, IS, IT,
1-4
may be replaced with listed
SCMs when Option 4 is used for
V
precast concrete.
Options 6, 71 & 8 allowed for
cast -in -place Class H concrete.
S6
41000
0,45
2-5
I, II, 1/11; IP,
1-8
Bridge slabs, top slabs of direct
IL, IS, IT, V
traffic culverts, approach slabs
When the cementitious material
Concrete pavement
See
content does not exceed 520
P
Item 360,
0.50
2-3
I, II, I/II, IL,
1-8
lb./cu. yd., any fly ash listed in
"Concrete
�
IP, IS, IT, V
the MPL may be used at a
Pavement."
cement replacement of 20% to
50%82
C06
41600
0,40
6
1-,8
Bridge deck concrete overlay
LMC6
41000
0.40
6-8
I, II, 1/11, IP,
Latex -modified concrete overlay
Use a minimum cementitious
Slurry displacement shafts,
IL, IS, IT, V
material content of 658 lb./cu.
underwater drilled shafts
SS6
31600
0,45
44
1-8
yd. of concrete.
Limit the alkali loading to 4.0
lbs./cu. yd. or less when using
option 7.
111111/113111
Note
K6
Note7
0,40
Notes
IP, IL, IS, IT,
1-8
V
Mix design options do not apply.
Concrete pavement, concrete
HES
Notes
0.45
Notes
I, IL, II, 1/11;
700 lb. of cementitious material
pavement repair
III
per. cubic yard limit does of
apply.
2-6
04-20
Statewide
421 =009
0
Class of
Concrete
Design
Strength,
Min fc (psi)
I
Max
w/cm
Ratio
I
Coarse
Aggregate
Grades,293j4
I
Cement
Types
I
Mix
Desill��n
Options
I
Exceptions to
Mix Design Options
I
General Usa e5
Maximum fly ash replacement
for Option 3 may be increased to
"X"
I, II, I/II, III
50%1
(HPC)
Note10
0.45
Note10
IPI IL, IS, IT,
1-4, & 8
Up to 20% of a blended cement
may be replaced with listed
698, s
V
SCMs for Option 4.
Do not use Option 8 for precast
concrete.
When using fly ash, only use fly
ashes allowed for SRC as listed
in the Fly Ash MPL.
Type III -MS may be used where
allowed.
Type I and Type III cement may
„X„
be use when fly ashes allowed
(SRC)
Note10
0,45
Note10
1/11; II, IPS IL,
14; & 7
for SRC as listed in the Fly Ash
5
s,a,s
IS, IT, VMPL
are used, and with a
maximum w/cm of 0.40.
Up to 20% of blended cement
may be replaced with listed
SCMs when Option 4 is used for
precast concrete.
Do not use Option 7 for precast
concrete' 1.
1 1
1. Design strength must be attained within 56 days.
2. Do not use Grade 1 coarse aggregate except in massive foundations with 4 in,, minimum clear spacing between reinforcing steel bars,
unless otherwise permitted. Do not use Grade 1 aggregate in drilled shafts.
3. Use Grade 8 aggregate in extruded curbs unless otherwise approved.
4. Other grades of coarse aggregate maybe used in non-structural concrete classes when allowed by the Engineer.
5. For information only.
6. Structural concrete classes.
7. As shown on the plans or specified.
8. "X° denotes class of concrete shown on the plans or specified.
9. (HPC): High Performance Concrete, (SRC): Sulfate Resistant Concrete.
10. Same as class of concrete shown on the plans.
11. Option 7 will be allowed for precast concrete products included in Items 462, 464, and 465.
Article 421.4.2.2, "Aggregates," is supplemented by the following.
Use the following equation to determine if the aggregate combination meets the sand equivalency requirement when blending
fine aggregate or using an intermediate aggregate:
(SE, x P)+ (SE
2 x PZ)+(SE;Q x Pia�
_vv iu
100
where:
SEA = sand equivalency (%) of fine aggregate 1
SE2 = sand equivalency (%) of fine aggregate 2
SEia = sand equivalency (%) of intermediate aggregate passing the 3/8 in. sieve
Pi = percent by weight of fine aggregate 1 of the fine aggregate blend
P2 = percent by weight of fine aggregate 2 of the fine aggregate blend
Pia = percent by weight of intermediate aggregate passing the 3/8 in. sieve
Article 421.4.2.5, "Slump," the second paragraph is voided and not replaced. Table 9 is voided and replaced with below:
3-6
04-20
Statewide
421=009
Table 9
Placement Slump Requirements
Placement Slump
General Usage
Range,192in.Walls
(over 9 in. thick), caps, columns,pie,ore
3 to 7
Bridge slabs, top slabs of direct traffic culverts, approach slabs, concrete overlays, latex-
3 to 6
modified concrete for bridge deck overlays
Inlets, manholes, walls (less than 9 in. thick), bridge railing, culverts, concrete traffic barrier,
4 to 6
concrete pavement (formed
Precast concrete
4 to 9
Underwater concrete placements
6 to 8-1/2
See Item 416,
Drilled shafts, slurry displaced and underwater drilled shafts
"Drilled Shaft
Foundations."
Curb, gutter, curb and gutter, concrete retards, sidewalk, driveways, seal concrete, anchors,
As approved
riprap, small roadside sign foundations, concrete pavement repair, concrete repair
1. Maximum slump values may be increase above these values shown using chemical admixtures, providea the
admixture treated concrete has the same or lower water-to-cementitious ratio and does not exhibit segregation
or excessive bleeding. Request approval to increase slump limits in advance for proper evaluation by the
Engineer.
2. For fiber reinforced concrete, perform slump before addition of fibers.
Article 421 .2.6, "Mix Design Options", is voided and replaced with the following.
Option I. Replace cement with at least the minimum dosage listed in the Fly Ash IVIPL for the fly ash used in the mixture. Do not
replace more than 50% of the cement with fly ash.
Option 2. Replace 35% to 50% of the cement with slag cement.
Option 3. Replace 35% to 50% of the cement with a combination of fly ash, slag cement, IVIFAmetakaolin, or at least 3%silica
''^`` fume; however, no more than 35% may be fly ash, and no more than 10% may be silica fume.
Option 4. Use Type IP, Type IS, or Type IT cement as allowed in Table 8 for each class of concrete. Up to 10% of a Type IP,
Type IS, or Type IT cement may be replaced with fly ash, slag cement, or silica fume. Use no more than 10% silica fume in the
final cementitious material mixture if the Type IT cement contains silica fume, and silica fume is used to replace the cement.
Option 5.Option 5 is left intentionally blank.
Option 6. Use a lithium nitrate admixture at a minimum dosage determined by testing conducted in accordance with Tex-471 -A.
Before use of the mix, provide an annual certified test report signed and sealed by a licensed professional engineer, from a
laboratory on the Department's IVIPL, certified by the Construction Division as being capable of testing according to Tex-471 -A.
Option 7. Ensure the total alkali contribution from the cement in the concrete does not exceed 3.5 lb, per cubic yard of concrete
when using hydraulic cement not containing SCIVIs calculated as follows:
lb. alkali per cu. yd. _
(1b.cementpercu.yd)x %Na2 Oequivalenfm cement)
100
In the above calculation, use the maximum cement alkali content reported on the cement mill certificate.
Option 8. Use Table 10 when deviating from Options 1-3 or when required by the Fly Ash IVIPL. Perform required testing
annually, and submit results to the Engineer. Laboratories performing ASTIVI C1260, ASTIVI C1567, and ASTIVI C1293 testing
must be listed on the Department's IVIPL. Before use of the mix, provide a certified test report signed and sealed by a licensed
professional engineer demonstrating the proposed mixture conforms to the requirements of Table 10.
4-6
04-20
Statewide
421w009
Provide a certified test report signed and sealed by a licensed professional engineer, when HPC is required, and less than 20%
of the cement is replaced with SCMs, demonstrating ASTM C1202 test results indicate the permeability of the concrete is less
than 1,500 coulombs tested immediately after either of the following curing schedules:
• Moisture cure specimens 56 days at 73°F
• Moisture cure specimens 7 days at 73°F followed by 21 days at 100°F.
Table 10
Oi)tion 8 Testina and Mix Design Requirements
ASTM C1260 Result
Testing Requirements for Mix Design Materials
N
or Prescriptive Mix Design Options
Mix Design
Mix Design
Fine Aggregate
Coarse Aggregate
Determine the dosage of SCIVIs needed to limit the 14-day expansion of
A
> 0810%
> 0,10%
each aggregates to 0.10%when tested individually in accordance with
ASTM C1567.
Use the minimum replacement listed in the Fly Ash IVIPL, or
<_ 0010%
<_ 0.10%
When Option 8 is listed on the MPL, use a minimum of 40%fly ash with
Ba
maximum CaOz content of 215%, or
Use anyternarycombination which replaces 35)"o to 50% of cement.
<_ 0810%
ASTM Cl 293 1 yr.
Use a minimum of 20% of any fly ash; or
Expansion <_ 0.04%
Use any ternary combination which replaces 20% to 50% of cement.
Determine the dosage of SCIVIs needed to limit the 14-day expansion of
C
<— 0810%
> 0510%
coarse and intermediates aggregate to 0.10%when tested individually
in accordance with ASTM C1567.
Use the minimum replacement listed in the Fly Ash IVIPL, or
> 0.10%
<_ 0.10%
When Option 8 is listed on the IVIPL, use a minimum of 40%fly ash with
a maximum CaQz Content of 25%, or
D
Use any terna�y_combination which replaces 35% to 50% of cement.
ASTM Cl 2931 yr.
Determine the dosage of SCIVIs needed to limit the 14-day expansion of
> 0010%
0604 Expansion <_%
each fine aggregate to 0.10%when individually tested in accordance
With ASTM C1567.
1. Intermediate size aggregates will fall under the requirements of mix design coarse aggregate.
2. Average the CaO content from the previous ten values as listed on the test certificate.
Article 421.4.2.7, "Optimized Aggregate Gradation (OAG) Concrete," the first sentence of the first paragraph is voided and
replaced by the following.
The gradations requirements in Table 4 and Table 6 do not apply when OAG concrete is specified or used by the Contractor
unless otherwise shown on the plans.
The fineness modulus for fine aggregate listed in Table 5, does not apply when OAG Concrete is used,
Article 421.4.6.2, Delivering Concrete," the third paragraph is supplemented by the following.
When truck mixers are equipped with automated water or chemical admixture measurement and slump or slump flow monitoring
equipment, the addition of water or chemical admixtures during transit is allowed. Reports generated by this equipment must be
submitted to the Engineer daily.
Article 421.4.6.2, "Delivering Concrete," the fifth paragraph is voided and replaced with the following. Begin the discharge of
concrete delivered in truck mixers within the times listed in Table 14. Concrete delivered after these times, and concrete that has
not begun to discharge within these times will be rejected
Article 421.4.8.3, "Testing of Fresh Concrete," is voided and replaced with the following.
Testing Concrete. The Engineer,. unless specified in other Items or shown on the plans, will test the fresh and hardened
concrete in accordance with the following methods:
5-6 04-20
Statewide
421wOO9
m Slump. Tex-415-A;
m Air Content. Tex-414-A or Tex-416-A;
m Temperature. Tex-422-A;
m Making and Curing Strength Specimens.
m Compressive Strength. Tex-418-A;
M Flexural Strength. Tex-448-A; and
M Maturity. Tex-426-A.
Tex-447-A;
Flexural strength and maturity specimens will not be made unless specified in other items or shown on the plans.
Concrete with slump less than minimum required after all addition of water withheld will be rejected, unless otherwise allowed by
the Engineer. Concrete with slump exceeding maximum allowed may be used at the contractor's option. If used, Engineer will
make, test, and evaluate strength specimens as specified in Article 421.5., "Acceptance of Concrete." Acceptance of concrete
not meeting air content or temperature requirements will be determined by Engineer. Fresh concrete exhibiting segregation and
excessive bleeding will be rejected.
Article 421.4.8.3.1 . "Job -Control Testing," is voided and not replaced.
6-6
04-20
Statewide
440mOO4
Special Provision to Item 440
Reinforcement for Concrete
of Tr4on*or&dw
Item 440, "Standard Specification Title" of the Standard Specifications is amended with respect to the clauses cited below. No
other clauses or requirements of this Item are waived or changed.
Article 440.2., "Materials" is supplemented with the following:
29148 Provide zinc -coated, hot -dip galvanized Class I or II steel reinforcement conforming to ASTM A767, Grades
60 or 75 when shown on the plans and as allowed.
29159 Provide continuously hot -dip galvanized reinforcement (CGR) conforming to ASTIVI A1094 steel
reinforcement, Grades 60 or 75 when shown on the plans and as allowed.
Article 440.2.5., "Weldable Reinforcing Steel" is supplemented with the following:
All welding operations must be performed prior to hot -dip galvanizing.
Article 440.2.8., "Mechanical Couplers" is supplemented with the following:
Provide hot -dipped or mechanically galvanized couplers when splicing galvanized reinforcing or continuously galvanized
reinforcing.
Article 4400 M I @I "Low -Carbon, Chromium Reinforcing Steel." The first sentence is voided and replaced by the following:
Provide deformed steel bars conforming to ASTIVI Al 035, Grade 100, Type CS when low -carbon, chromium reinforcing steel is
required on the plans. Type CM will only be permitted if specified on the plans.
Article 440.3.1 ., "Bending" is supplemented with the following:
Do not bend hot -dip galvanized reinforcement. Only minor positioning adjustments are permitted.
Bending of continuously galvanized reinforcement is permitted after galvanizing.
Article 440.3.5, "Placing" the following will be added to paragraph four.
Use Class 1 or 1A supports with continuously galvanized reinforcing. Provide epoxy or plastic -coated tie wires and clips for use
with epoxy coated reinforcing steel.
Article 0.3.6.3., "Repairing Coating" is supplemented with the following:
Repair damaged galvanized surfaces in accordance with Article 445.3.5.2. "Repair Processes."
0
11-20
Statewide
441=002
� Special Provision to Item 441
Steel Structures
AOf ran*oft&w
1p& Till
Item 441, "Steel Structures" of the Standard Specifications is amended with respect to the clause cited below. No other clauses
or requirements of this Item are waived or changed.
Section 2.3., "High -Strength Bolts," is revised and replaced by the following:
Hl'gh=Strength Bolts. Use fasteners that meet Item 447, "Structural Bolting." Use galvanized fasteners on field connections of
bridge members when ASTM F3125-Grade A325 bolts are specified and steel is painted.
Section 441.3.1.5.1 , "Plants," The second and third paragraphs are voided and replaced with the following:
Fabrication plants that produce the following non -bridge steel members must be approved in accordance with DMS-7380, "Steel
Non -Bridge Member Fabrication Plant Qualification."
■ Item 610 — Roadway Illumination Poles,
■ Item 613 — High Mast Illumination Poles,
■ Item 614 — High Mast Rings and Support Assemblies,
■ Item 650 — Overhead Sign Support Structures,
■ Item 654 — Sign Walkways,
■ Item 686 — Traffic Signal Poles, and
Special Specification Item 6064 — Intelligent Transportation System (ITS) Poles.
The Materials and Tests Division maintains a list of approved non -bridge fabrication plants on the Department MPL that produce
these members.
Section I m3ml .6.1, "Erection Drawings," the third paragraph is voided and replaced with the following:
Perform erection enginee8
ring evaluation of the structural adequacy and stability of constructing the bridge system for
each step of the steel erection.
03-20
Statewide
442wO01
Special Provision to Item 442
Metal for Structures
Item 442, "Metal for Structures" of the Standard Specifications is amended with respect to the clause cited below. No other
clauses or requirements of this Item are waived or changed.
Section 442.2.1.3.3., "Fasteners." The first sentence of the first paragraph is replaced by the following:
Fasteners. Provide high -strength bolts that meet ASTM F3125-Grade A325 unless otherwise shown on the plans.
Section 442.2.1.3.3., "Fasteners." The third paragraph is deleted and not replaced.
05-19
Statewide
446mOO5
QQ
Special Provision to Item 446
Field Cleaning and Painting Steel
Te"s
All F-
Of ftn*wb&w
For this project, Item 446, "Field Cleaning and Painting Steel," of the Standard Specifications, is hereby amended with respect to
the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Section 446.4.1., "Qualification," the first and second paragraphs are voided and replaced by the following:
Submit to the Engineer documentation verifying SSPC QP 1 or NACE NIICAP AS-1 certification for work
requiring the removal or application of coatings. Additionally, submit to the Engineer documentation verifying
SSPC QP 2 Cat A or NACE NIICAP AS-2 certification when work requires removal of coatings containing
hazardous materials. Maintain certifications throughout the project. No work may be performed without
current and active certifications unless otherwise shown on the plans. The Engineer may waive certification
requirements for minor, touch-up repair work and coating steel members repaired in accordance with
Item 784, "Steel Member Repair."
The Engineer may waive certification requirements, when stated on the plans, for the purpose of qualification
in either contractor certification program if the project has been accepted as a qualification project as part of
the process for obtaining SSPC QP1 Cat A or NACE NIICAP AS-1 certification. Submit certification
applications and proof of acceptance before beginning work or provide SSPC QP 7 certification when
required on the plans.
Section 446.4.7.3.2., "Classes of Cleaning," is amended with the following:
Prepare all surfaces of painted steel members subsequently exposed from structural operations, such as
deck removal or steel repair, in accordance with this Item. Prevent loose or damaged paint from entering the
environment.
04/19
Statewide
447wOO1
0
0
Special Provision to Item 447
Structural Bolting
A! r
MO; RMWVMffJMU%" if
Item 447, "Structural Bolting" of the Standard Specifications is amended with respect to the clause cited below. No other clauses
or requirements of this Item are waived or changed.
Article 447.2.2., "Bolt Assemblies." The first paragraph is replaced by the following:
Bolt Assemblies. Provide ASTM F3125 bolts and nuts and washers meeting the type, grade, and finish requirements in Table 1,
unless otherwise shown in the plans.
Article 447.2.2., "Bolt Assemblies." The second paragraph is replaced by the following:
Use Grade A325 or Grade A490 Type 3 plain (uncoated) bolts for weathering steel as indicated and Grade A325
Type 1 galvanized bolts for coated steel, unless otherwise shown on the plans.
Article 447.2.2., "Bolt Assemblies." Table 1 is replaced by the following:
Table 1
ASTM TVDe. Finish, and Grade for Structural Bolts. Nuts, and Washers
Bolts Grade
Bolt
Bolt
ASTM A563 Nut
ASTM F436 Washer
Tye
Finish
Grade and Finish
Type and Finish
Heavy-
A325
1
Galvanized
nH, 2 galva4 nized and
1; galvanized
Hex
lubricated
A325
3
Plain
C3 and DH3; plain
3; plain
Bolts'
A490
3
Plain
DH3; plain
3; plain
Tension-
F1852
1
Galvanized
DHJ 2 galvanized and
1; galvanized
Control
I
lubricated
F1852
3
Plain
C3 and DH3; plain
3; plain
Bolts'
F2280
3
Plain
DH3; plain
3; plain
1. ASTM F3125 High Strength Structural Bolts
2. ASTM A194 Heavy Hex Grade 2H nuts may be substituted.
Article 447.2.6., "Fitup Bolts and Erection Pains." The first paragraph is replaced by the following:
F*Itup Bolts and Erection Pins. Provide heavy -hex fitup bolts of the same diameter as the connection bolts. Do not
use washer -type indicating devices for fitups, Do not reuse galvanized bolts or Grade A490 bolts that have been
used as filtup bolts. Provide a sufficient number of erection or drift pins, 1/32 in. larger than the bolt diameter.
Article 447.4.3., "General." The second sentence of the third paragraph is replaced by the following:
Install hardened washers under both the nut and bolt head of Grade A490 bolts when the outer plies being fastened
have a yield strength less than 40 ksi.
1-2
11-1.8
Statewide
447wOOI
Article 447.4.3., "General." Table 2 is replaced by the following:
�.•►., Table 2
Bolt Tension
Nominal Bolt Size, in.
Minimum Tension (kips
Grade A325 Bolts
Grade A490 Bolts
12
15
5/8
19
24
'/,
28
35
7/8
39
49
1
51
64
1-1/8
56
80
1-1/4
71
102
1-3/8
85
121
1-1/2
103
148
Article 7.4.5.2., "Install Bolts." The second paragraph is replaced by the following:
Fully tighten a minimum number of bolts as directed until the plies are in full contact if snugging does not bring the
plies of the joint into full contact. Mark these bolts as fitup bolts. Use anon-galvanized Grade A325 bolt of the same
diameter as a fitup bolt in connections requiring the use of galvanized Grade A325 bolts. Re -snug all remaining bolts.
Article 7.4.5.3., "Tension Bolts." The first paragraph is replaced by the following:
Tension Bolts. Loosen all fitup bolts after tensioning all the other bolts in the connection. Ungalvanized Grade A325 bolts used
as fitup bolts maybe reused in a connection using this type of bolt. Replace all galvanized bolts and Grade A490 bolts used as
fitup bolts. Tension these remaining untensioned bolts in accordance with this paragraph. Ensure the element not turned by the
wrench (bolt head or nut) does not rotate.
114
Article 447.4.5.4., "Bolt Reuse." The first paragraph is replaced by the following:
Bolt Reuse. Do not reuse Grade A490 or galvanized Grade A325 bolts. Ungalvanized Grade A325 bolts maybe reused one
time if the threads have not been damaged. Re -tensioning previously tensioned bolts loosened by the tensioning of adjacent
bolts is not considered to be reuse.
2-2 11-18
Statewide
449mOO2
� Special Provision to Item 449
Anchor Bolts
Texas
MIF
Ao!f ftnspmftdon
Item 449, "Anchor Bolts" of the Standard Specifications is amended with respect to the clause cited below. No other clauses or
requirements of this Item are waived or changed.
Section 449.2.1., "Bolts and Nuts." Table 1 is replaced by the following:
Table 1
Bolt and Nut Standards
Specified Anchor Bolt Category
Bolt Standards
Nut Standards
Mild steel
ASTM A307 Gr. A, F1554 Gr.
ASTM A563
36, or A36
Medium -strength,
ASTM F1554 Gr. 55 with
0
ASTASTMA194 Gr. 2 or
mild steel
pplementaryrequirement
A563 Gr. D or better
S1
High -strength steel
ASTM F3125=Grade A325
ASTM A194 or
or ASTM A4491
A563, heavy hex
Alloy steel
ASTM A193 Gr. B7 or F1554
ASTM A194 Gr. 2H or
Gr, 105
A563 Gr. DH, heavy hex
1. If headed bolts are specified, ASTM A449 bolts must be heavy hex head.
Section 449.3.3.1, "Anchor Bolt Thread Lubricant Coating," The first sentence of the first paragraph is voided and replaced
� by the following.
0
Coat anchor bolt threads before installing nuts with an electrically conducting lubricant compound described in
Section 449.3.3.2.1 ., "Definitions," for traffic signal poles, roadway illumination poles, high mast illumination poles, intelligent
transportation system poles, overhead sign support structures, and steel electrical service supports.
Section 449.3.3.2, "Anchor Bolt Tightening Procedure," The first sentence of the first paragraph is voided and replaced by the
following.
Tighten anchor bolts for traffic signal poles, shoe base and concrete traffic barrier base roadway illumination poles, high mast
illumination poles, intelligent transportation system poles, and overhead sign support structures in accordance with this Section.
05-19
Statewide
462=002
� Special Provision to Item 462
Concrete Box Culverts and Drains
of TWWjW1ft&"
Item 462, "Concrete Box Culverts and Drains," of the Standard Specifications, is hereby amended with respect to the clauses
cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Section 2.1 , "General." The last paragraph is voided and replaced with the following:
Furnish material for precast formed and machine -made box culverts in accordance with DMS-7305, "Fabrication and
Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures."
Sections 2.2.2., "Formed Precast," and 2.2.3., "Machine -Made Precast," are voided and replaced by the following.
28292 Precast. Precast formed and machine —made box culvert fabrication plants must be approved in accordance with
DMS-7305, "Fabrication and Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage
Structures." The Construction Division maintains a list of approved precast box culvert fabrication plants on the
Department's MPL. Fabricate precast boxes in accordance with DMS-7305, "Fabrication and Qualification Procedure
for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures."
Sections 2.3.2., "Formed Precast," and 2.3.3., "Machine -Made Precast," are voided and replaced by the following.
20382 Precast. Make, cure, and test compressive test specimens for precast formed and machine —made box culverts in
� accordance with DMS-7305, "Fabrication and Qualification Procedure for Multi -Project Fabrication Plants of Precast
Concrete Drainage Structures.
Section 2.5., "Marking," the first paragraph is voided and replaced with the following.
Marking. Clearly mark each precast unit with the following:
m Name or trademark of fabricator and plant location;
m ASTM designation and product designation (when applicable);
m Date of manufacture,
■ Box size,
m Minimum and maximum fill heights,
■ Designation "TX" for precast units fabricated per DMS-7305,
E Fabricator's designated approval stamp for each approved unit,
■ Designation "SR" for boxes meeting sulfate -resistant concrete plan requirements (when applicable), and
m Precast drainage structures used for jacking and boring (when applicable).
Section 2.6., "Tolerances." The section is voided and replaced with the following.
Ensure precast sections meet the permissible variations listed in ASTM C1577.
Ensure that the sides of a section at each end do not vary from being perpendicular to the top and bottom by more than 1/2 in.
when measured diagonally between opposite interior corners. Deviations from this tolerance will be acceptable if the sections
can be fitted at the plant and the joint opening at any point does not exceed 1 in. Use match -marks for proper installation on
sections that have been accepted in this manner.
1,400*#N % Ensure wall and slab thicknesses are not less than shown on the plans except for occasional deficiencies not greater than 3/16
in. or 5%, whichever is greater. If proper jointing is not affected, thicknesses in excess of plan requirements are acceptable.
08/19
Statewide
462mOO2
Section 2.7., "Defects and Repair." The section is voided and replaced with the following:
� Fine cracks on the surface of members that do not extend to the plane of the nearest reinforcement are acceptable unless the
cracks are numerous and extensive. Repair cracks that extend into the plane of the reinforcing steel in accordance with the
Department's Concrete Repair Manual. The Engineer may accept boxes with repairs that are sound, properly finished, and cured
in conformance with pertinent specifications. Discontinue further production of precast sections until corrections are made and
proper curing is provided when fine cracks on the surface indicate poor curing practices.
Repair precast boxes in accordance with DMS-7305, "Fabrication and Qualification Procedure for Multi -Project Fabrication
Plants of Precast Concrete Drainage Structures."
Section 2.8., "Storage and Shipment." This section is voided and replaced with the following:
288 Storage and Shipment. Store precast sections on a level surface. Do not place any load on the sections until design
strength is reached and curing is complete. Store and ship precast boxes in accordance with DMSm7305, "Fabrication
and Qualification Production for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures.
2 08/19
Statewide
464mOO1
Special Provision to Item 464
Reinforced Concrete Pipe
Texas
AllaTnmqxwftdon
Item 464, "Reinforced Concrete Pipe," of the Standard Specifications, is hereby amended with respect to the clauses cited
below, and no other clauses or requirements of this Item are waived or changed hereby.
Section 2.1., "Fabrication." The section is voided and replaced with the following.
Fabrication plants must be approved by the Materials and Tests Division in accordance with DIVIS-7305, "Fabrication and
Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures," before furnishing precast
reinforced concrete pipe for Departmental projects. The Department's IVIPL has a list of approved reinforced concrete pipe
plants.
Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7305, "Fabrication and Qualification Procedure
for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures."
Section 2.3., "Marking." The first paragraph is voided and replaced with the following.
Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7305, "Fabrication and
Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures."
■ Class or D=Load of pipe,
■ ASTM designation,
� Date of manufacture,
■ Pipe size,
■ Name or trademark of fabricator and plant location,
■ Designation "TX" for precast units fabricated per DMS-7305;
■ Designated fabricator's approval stamp for each approved unit,
■ Pipe to be used for jacking and boring (when applicable), and
■ Designation "SR" for pipe meeting sulfate -resistant concrete plan requirements (when applicable).
Section 2.5., "Causes for Rejection." The section is voided and replaced with the following.
Individual sections of pipe may be rejected for any of the conditions stated in the Annex of DMS-7305, "Fabrication and
Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures."
Section 2.6., "Repairs." The section is voided and replaced with the following:
Make repairs, if necessary, as stated in the Annex of DMS-7305, "Fabrication and Qualification Procedure for Multi -Project
Fabrication Plants of Precast Concrete Drainage Structures."
08-19.
Statewide
465mOOl
`�' 1 Special Provision to Item 465
Junction Boxes, Manholes, and Inlets
owl
TOAW
Tr&wMrWbn
AOF
Item 465, "Junction Boxes, Manholes, and Inlets," of the Standard Specifications, is hereby amended with respect to the clauses
cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Section 2.1., "Concrete," The section is voided and replaced with the following.
Furnish concrete per DMS-7305 for formed and machine -made precast junction boxes, manholes, and inlets. Furnish Class C
concrete for cast -in -place junction boxes, manholes, and inlets unless otherwise shown on the plans.
Section 3.1., "Precast Junction Boxes, Manholes, and Inlets," The section is voided and replaced with the following.
Construct formed and machine -made precast junction boxes, manholes, and inlets in accordance with DMS-7305, "Fabrication
and Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures" and the Contract
Plans, except as otherwise noted in this Item.
Multi -project fabrication plants as defined in Item 424 "Precast Concrete Structural Members (Fabrication)," that produce junction
boxes, manholes, and inlets will be approved by the Materials and Tests Division in accordance with DMS-7305, "Fabrication
and Qualification Procedure for Multi -Project Fabrication Plants of Precast Concrete Drainage Structures." The Department's
IVIPL has a list of approved multi -project fabrication plants,.
Section 3.1 al., "Lifting Holes," The section is voided and not replaced.
Section 3.1 a2a, "Marking." The section is voided and replaced with the following.
Marking. Clearly mark each precast junction box, manhole, and inlet unit with the following information:
m name or trademark of fabricator and plant location;
■ product designation;
■ ASTM designation (if applicable);
m date of manufacture;
m designation "TX" for precast units fabricated per DMSm7305;
■ designated fabricator's approval stamp for each approved unit; and
■ designation "SR" for product meeting sulfate -resistant concrete plan requirements (when applicable).
02-19
Statewide
502-008
Special Provision to Item 502 -�
Barricades, Signs and Traffic Handling *#Diepartmentt,on
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 502.1., "Description," is supplemented by the following:
Temporary work -zone (TWZ) traffic control devices manufactured after December 31, 2019, must have been successfully tested
to the crashworthiness requirements of the 2016 edition of the Manual for Assessing Safety Hardware (MASH). Such devices
manufactured on or before this date and successfully tested to NCHRP Report 350 or the 2009 edition of MASH may continue to
be used throughout their normal service lives. An exception to the manufacture date applies when, based on the project's date of
letting, a category of MASH-2016 compliant TWZ traffic control devices are not approved, or are not self -certified after the
December 31, 2019, date. In such case, devices that meet NCHRP-350 or MASH-2009 may be used regardless of the
manufacture date.
Such TWZ traffic control devices include: portable sign supports, barricades, portable traffic barriers designated exclusively for
use in temporary work zones, crash cushions designated exclusively for use in temporary work zones, longitudinal channelizers,
truck and trailer mounted attenuators. Category I Devices (i.e., lightweight devices) such as cones, tubular markers and drums
without lights or signs attached however, may be self -certified by the vendor or provider, with documentation provided to
Department or as are shown on Department's Compliant Work Zone Traffic Control Device List.
Article 502.4., "Payment," is supplemented by the following:
Truck mounted attenuators and trailer attenuators will be paid for under Special Specification, "Truck Mounted Attenuator (TMA)
and Trailer Attenuator (TA)." Portable Changeable Message Signs will be paid for under Special Specification, "Portable
Changeable Message Sign." Portable Traffic Signals will be paid for under Special Specification, "Portable Traffic Signals."
07-20
Statewide
506w005
`�" Special Provision to Item 506
Temporary Erosion, Sedimentation, and Environmental
Controls
11F
rues
AOf Vwmpw*ftn
Item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the Standard Specifications is amended with
respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed.
Article 506.1., "Description." The second paragraph is voided and replaced by the following.
Contractor is considered primary operator to have day-to-day operational control as defined in TPDES GP TXR1 50000.
1.1. For projects with soil disturbance of less than 1 acre, no submittal to TCEQ will be required but Contractor will follow SWP3.
For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site. For projects with
soil disturbance of 5 acres or more a Notice of Intent (NOI) is required and a large site notice posted at site. Postings will be
in accordance with TPDES GP TXR1 50000. Postings not associated with project specific locations will be in same location
as Department's postings.
1.2. Notice of Intent (1401). Submit a NOI, if applicable, with the TCEQ under the TPDES GP TXR1 50000 at least 7 days prior
to commencement of construction activities at the project site. Provide a signed copy to the Engineer and any other MS4
operators at the time of submittal. The Department will submit their NOI prior to contractor submission and will provide a
copy for Contractor's use in completing the Contractor's NOI form.
1.3. Notice of Change (NOC). Upon concurrence of the Engineer, submit a NOC, if applicable, to the TCEQ within 14 days of
discovery of a change or revision to the NOI as required by the TPDES GP TXR1 50000. Provide a signed copy of the NOC
to the Engineer and any other MS4 operators at the time of submittal.
1.4. Notice of Termination (NOT). Upon concurrence of the Engineer, submit a NOT, if applicable, to the TCEQ within 30 days
of the Engineer's approval that 70% native background vegetative, cover is met or equivalent permanent stabilization have
been employed in accordance with the TPDES GP TXR 150000. Provide a signed copy of the NOT to the Engineer and any
other MS4 operators at the time of submittal.
Section 506.3.1, "Contractor Responsible Person Environmental (CRPE) Qualifications and Responsibilities," is
supplemented by the following:
3.1. Contractor Responsible Person Environmental (CRPE) Qualifications and Responsibilities. Provide and designate in
writing at the preconstruction conference a CRPE and alternate CRPE who have overall responsibility for the storm water
management program. The CRPE will implement stormwater and erosion control practices; will oversee and observe
stormwater control measure monitoring and management; will monitor the project site daily and produce daily monitoring
reports as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and
TPDES General Permit TXR1 50000. Daily monitor reports shall be maintained and made available upon request. During
time suspensions when work is not occurring or on contract non -work days, daily inspections are not required unless a rain
event has occurred. The CRPE will provide recommendations on how to improve the effectiveness of control measures.
Attend the Department's preconstruction conference for the project. Ensure training is completed as identified in Section
506.3.3., "Training," by all applicable personnel before employees work on the project. Document and maintain and make
available upon request, a list, signed by the CRPE, of all applicable Contractor and subcontractor employees who have
completed the training. Include the employee's name, the training course name, and date the employee completed the
training.
Section 506-3.3., "Training," is supplemented by the following:
1-2
08-20
Statewide
506=005
Training is provided by the Department at no cost to the Contractor and is valid for 3 yr. from the date of completion. The
� Engineer may require the following training at a frequency less than 3 yr. based on environmental needs:
■ "Environmental Management System: Awareness Training for the Contractor" (English and Spanish) (Approximate
running time 20 min.), and
N "Storm Water: Environmental Requirements During Construction" (English and Spanish) (Approximate running time 20
Grl■�
min.).
The Contractor responsible person environmental (CRPE), alternate CRPE designated for emergencies, Contractor's
superintendent, Contractor, and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and
complete the training listed below and maintain and make available upon request the certificate of completion. Training is
provided by a third party and is valid for 3 yr. from the date shown on the Certificate of Completion. Coordinate enrollment as
prescribed by the Department and pay associated fees for the following training:
■ "Revegetation During Construction,"
E "Construction General Permit Compliance," and
N "Construction Stage Gate Checklist (CSGC),"
Training and associated fee will not be measured or paid for directly but are subsidiary to this Item.
2.2 08-20
Statewide
636=001
� Special Provision to Item 636
Signs
rgiE 9
Of Tanv"WIM
Item 636, "Signs" of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other
clauses or requirements of this Item are waived or changed hereby.
Section 636.3.1 , "Fabrication." is deleted.
Section 636.3.1.2, "Sheeting Application." The last sentence of the fourth paragraph is voided and replaced by the following.
Do not splice sheeting or overlay films for signs fabricated with ink or with colored transparent films.
0
12-17
Statewide
666-007
� Special Provision to Item 666
Retroreflectorized Pavement Markings
TV=
ADO
ran,Vw
Atlof T,
Item 666, `Retroreflectorized Pavement Markings," of the Standard Specifications is amended with respect to the clauses cited
below. No other clauses or requirements of this Item are waived or changed.
Section 2.3., "Glass Traffic Beads." The first paragraph is voided and replaced by the following:
Furnish drop -on glass beads in accordance with DMS-8290, "Glass Traffic Beads," or as approved. Furnish a double -drop of
Type II and Type III drop -on glass beads for longitudinal pavement markings where each type bead is applied separately in equal
portions (by weight), unless otherwise approved. Apply the Type III beads before applying the Type 11 beads. Furnish Type II
beads for work zone pavement markings and transverse markings or symbols.
Section 4.3.1., "Type I Markings.," is supplemented by the following:
4.3.1.3. Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.
Section 4.3.2., "Type II Markings.," is supplemented by the following:
4635201 . Spot Striping. Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans.
� Section 4.4., "Retroreflectivity Requirements.," is voided and replaced by the following.
Type I markings for Contracts totaling more than 20,000 ft. of pavement markings must meet the following minimum
retroreflectivity values for all longitudinal edgeline, centerline or no passing barrier -line, and lane line markings when measured
any time after 3 days, but not later than 10 days after application.
■ White markings: 250 millicandelas per square meter per lux (mcd/M2/IX)
■ Yellow markings: 175 mcd/M2/IX
Retroreflectivity requirements for Type I markings are not required for Contracts with less than 20,000 ft. of pavement markings
or Contracts with callout work, unless otherwise shown on the plans.
Section 4.5., "Retroreflectivity Measurements.," is voided and replaced by the following:
Use a mobile retroreflecto meter to measure retroreflectivity for Contracts totaling more than 50,000 ft. of pavement markings,
unless otherwise shown on the plans. For Contracts with less than 50,000 ft. of pavement markings, mobile or portable
retroreflectometers may be used at the Contractor's discretion. Coordinate with and obtain authorization from the Engineer
before starting any retroreflectivity data collection.
Section 4.5.1., "Mobile Retroreflecto meter Measurements," The last paragraph is voided and replaced by the following.
Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the average of
these measurements falls below the minimum retroreflectivity requirements. Take measurements every 0.1 miles a minimum of
10 days after this third application within that mile segment for that series of markings. If the markings do not meet minimum
retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new application as initially
specified, and a repeat of the application process until minimum retroreflectivity requirements are met.
1-2
02-18
Statewide
666-007
Section 4.5.2., "Portable Retroreflecto meter Measurements." The first and second paragraphs are voided and replaced by
the following.
Provide portable measurement averages for every 1.0 mile unless otherwise specified or approved. Take a minimum of
20 measurements for each 1-mi. section of roadway for each series of markings (e.g., edgeline, center skip line, each line of a
double line) and direction of traffic flow when using a portable reflectometer. Measure each line in both directions for centerlines
on two-way roadways (i.e., measure both double solid lines in both directions and measure all center skip lines in both
directions). The spacing between each measurement must be at least 100 ft. The Engineer may decrease the mileage frequency
for measurements if the previous measurements provide satisfactory results. The Engineer may require the original number of
measurements if concerns arise.
Restripe at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking material if the averages of these
measurements fail. Take a minimum of 10 more measurements after 10 days of this second application within that mile segment
for that series of markings. Restripe again at the Contractor's expense with a minimum of 0.060 in. (60 mils) of Type I marking
material if the average of these measurements falls below the minimum retroreflectivity requirements. If the markings do not
meet minimum retroreflectivity after this third application, the Engineer may require removal of all existing markings, a new
application as initially specified, and a repeat of the application process until minimum retroreflectivity requirements are met.
Section 4.6. "Performance Period." The first sentence is voided and replaced by the following:
All longitudinal markings must meet the minimum retroreflectivity requirements within the time frame specified. All markings must
meet all other performance requirements of this specification for at least 30 calendar days after installation.
Article 6. "Payment." The first two paragraphs are voided and replaced by the following.
The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will
be paid for at the unit price bid for "Pavement Sealer" of the size specified; "Retroreflectorized Pavement Markings" of the type
and color specified and the shape, width, size, and thickness (Type I markings only) specified, as applicable; "Retroreflectorized
Pavement Markings with Retroreflective Requirements" of the types, colors, sizes, widths, and thicknesses specified;
"Retroreflectorized Profile Pavement Markings" of the various types, colors, shapes, sizes, and widths specified; or "Reflectorized
Pavement Marking (Call Out)" of the shape, width, size, and thickness (Type I markings only) specified, as applicable; or
"Pavement Sealer (Call Out)" of the size specified.
This price is full compensation for materials, application of pavement markings, equipment, labor, tools, and incidentals.
2-2 02-18
Statewide
680wO06
Special Provision to Item 680
Highway Traffic Signals
A A :1
i
.,�aOf
Item 680, "Highway Traffic Signals" of the Standard Specifications is amended with respect to the clauses cited below. No other
clauses or requirements of this Item are waived or changed.
Article 680.3.1.1.2,"Conduft," The fourth sentence of the first paragraph is voided and replaced by the following.
Seal the ends of each conduit with approved sealant, after all cables and conductors are installed.
04-18
Statewide
6185mOO2
� Special Provision to Special Specification 6185
0
Truck Mounted Attenuator (TMA) and Trailer
Atte n u ato r (TA)
of TranWxtft&w
Item 6185, "Truck Mounted Attenuator (TMA) and Trailer Attenuator (TA)" of the Standard Specifications, is hereby amended
with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.
Article 4. "Measurement", is voided and replaced by the following:
4318 Truck Mounted Aftenuator/Tra'ller Attenuator (Stationary). This Item will be measured by the day. TMA/TAs must
be set up in a work area and operational before a calendar day can be considered measureable. A day will be
measured for each TMA/TA set up and operational on the worksite,
4929 Truck Mounted Aftenuator/Tra'ller Attenuator (Mobile Operation). This Item will be measured by the hour or by the
day. The time begins once the TMA/TA is ready for operation at the predetermined site and stops when notified by the
Engineer. When measurement by the hour is specified, a minimum of 4 hr. will be paid each day for each operating
TMA/TA used in a mobile operation. When measurement by the day is specified, a day will be measured for each
TMA/TA setup and operational on the worksite'.
08-19
Statewide
SPECIAL PROVISION
SPECIAL PROVISION 503
FRAMES, GRATES, RINGS AND COVERS
For this project, ITEM NO. 503, Frames, Grates, Rings and Covers of the City of Round Rock
Standard Technical Specifications is hereby amended with respect to the clauses cited below. No
other clauses or requirements of this Section of the City of Round Rock Standard Specifications
are waived or changed.
Remove 505.5 Measurement and Payment and replace with the following:
"503.5 Measurement and Payment
Frames and covers payment shall be made at the unit bid price for each. The unit bid price
shall include all labor, equipment, materials, time and incidentals necessary to complete the
work.
Grates and rings will not be measured and payment for furnishing all materials, tools,
equipment, labor and incidentals to complete the Work will be included in the Bid Items
which constitute the complete structures."
END OF SECTION
RNDR1800279 SP503-1 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS SP - FRAMES, GRATES, RINGS AND COVERS
SPECIAL PROVISION
SPECIAL PROVISION 505
CONCRETE ENCASEMENT AND ENCASEMENT PIPE
For this project, ITEM NO. 505, Concrete Encasement and Encasement Pipe of the City of
Round Rock Standard Technical Specifications is hereby amended with respect to the clauses
cited below. No other clauses or requirements of this Section of the City of Round Rock Standard
Specifications are waived or changed.
505.3.113 Pipe
Add the following after the last paragraph of B:
"Split Casing (Segmented Steel Casing)
Split casing segments shall be cut from steel pipe conforming to ASTM Designations
A531 A1061 A139 or A252. Pipe shall be new, Grade A, black and have a wall thickness
of 1/2 inch.
Pipe shall be split longitudinally with split flanges attached to both ends and pre -drilled
flat bars attached on each horizontal side. All standard hardware shall be included.
Steel plate for casing flanges shall be ASTM A36. Welding of flanges to the pipe
segments shall be in accordance with applicable requirements of AWWA standards.
Casing spacers shall be per detail UUT7-16 of the Drawings.
After fabrication all surfaces of steel casing segments, inside and outside, shall be
cleaned, primed and lined or coated with coal -tar enamel. All such materials and
application shall be in accordance with AWWA Standard C203, "Coal -Tar Protective
Coatings and Linings for Steel Water Pipelines — Enamel and Tape — Hot Applied".
Neoprene gasket material shall be in accordance with AWWA standards.
Bolts shall be stainless steel, with size and spacing per Manufacturer's
recommendation.
Concrete for cradle shall be Class A and meet the requirements of Section 403 —
Concrete for Structures. Bar reinforcement shall meet the requirements of Section 406
— Reinforcing Steel."
505.4 Construction Methods
Add the following subsection to the end of 505.4:
"Installation of Split Casing
The existing water main shall remain in service during casing installation. Alternating
sections shall be installed so that intervening lengths or the existing water main remain
fully supported on the existing bedding. Only as much length of main shall be exposed
as necessary to install the bottom segment of the initial alternating casing sections.
Intervening lengths of the existing main shall not be exposed until the concrete cradle
RNDR1800279 SP505-1 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS SP - CONCRETE ENCASEMENT AND ENCASEMENT PIPE
SPECIAL PROVISION
?000%k,' for the initially installed casing sections have been placed and set a minimum of 12
hours, or longer if required by the Manufacturer.
0
Prior to placement of concrete the bottom casing segments shall be blocked up and
securely supported in firm contact with the, existing main. Concrete shall be placed
against undisturbed earth.
Any areas of over -excavation shall be filled with Class A concrete, monolithic with the
cradle,, at no additional cost to the Owner.
Extreme care shall be taken to prevent damage to the existing water main. Any damage
caused by the Contractor's operations shall be repaired to the satisfaction of the Owner
and Engineer at the Contractor's expense. Protected casing segments shall at all times
be handled with equipment designed to prevent damage to the coating. Casing
segments -shall be hoisted by means of a wide belt sling. Chains, cables, tongs or other
equipment likely to cause damage to the coating will not be permitted, nor will dragging
or skidding the casing.
Welding of the transverse joint between new and existing casing shall conform to the
applicable requirements of AWWA Standard C206, " Field Welding of Steel Water Pipe".
Following assembly, exposed surfaces of bolts, nuts and washers shall be primed and
coated with a coal tar enamel in accordance with AWWA Standard C203, "Coal -Tar
Protective Coatings and Linings for Steel Water Pipelines —Enamel and Tape —Hot
Applied ".
Exterior surfaces of welds shall be similarly primed and coated.
Before backfilling, the entire surface of the assembled casing shall be inspected and
any damage to the coating repaired.
Backfill shall be with suitable excavated material in accordance with the requirements
of the Contract Documents, except that the initial lifts up to 6 inches over the top of
the pipe shall be carefully placed and compacted by hand to avoid damage to the pipe
coating.
Movement of construction equipment and all other vehicles and loads over and
adjacent to the pipe shall be done at the Contractor's risk. Any casing which is
damaged through any cause, shall be replaced by the Contractor as directed by the
Owner at no additional cost to the Owner."
505.5 Payment
Add the following to the end of the section:
"Split Casing
Split casing pipe will be paid at the unit price per linear foot, complete in place in
accordance with the requirements herein and as shown on the Drawings. "
Add the following section before "END"
"505J Submittals
In addition to the submittal requirements of Division 1,, the following information shall be
provided:
RNDR1800279 SP505-2 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS SP - CONCRETE ENCASEMENT AND ENCASEMENT PIPE
SPECIAL PROVISION
Gr■r�i
0
la A specific selection of pipe material and joint type for each size and type of pipe.
2. Split casing product data,, including but not limited to:
a. Segment shop drawings.
b. Casing spacers.
c. Installation requirements."
END OF SEC-1-ION
RNDR1800279 SP505-3
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
SP - CONCRETE ENCASEMENT AND ENCASEMENT PIPE
SPECIAL PROVISION
SPECIAL PROVISION 510
PIPE
For this project, ITEM NO, 510, PIPE of the City of Round Rock Standard Technical
Specifications is hereby amended with respect to the clauses cited below. No other clauses or
requirements of this Section of the City of Round Rock Standard Specifications are waived or
changed.
510.2(3)(b) Bedding Sand
Add the following to the end of the section:
`Sand, as described in this specification, shall not be used as bedding for water and
wastewater lines. Acceptable bedding materials are pipe bedding stone, pea gravel and
in lieu of sand, a naturally occurring stone material conforming to ASTM C33 for stone
quality and meeting the following gradation specification:
SIEVE SIZE
% RETAINED BY WEIGHT
1/2"
0
3/8"
0-2
#4
40 — 85
# 10
95 — 100
510.5 Payment
Add the following to Item (1) Pipe:
'Any fitting required to transition between pipe materials or from existing to proposed
pipe shall be subsidiary to the unit price payment for pipe, and shall be as recommended
by the manufacturer and submitted to the City for approval prior to installation."
Add the following items:
"(14) Remove Existing Water Line
Removal of existing water line shall paid at the unit price bid per linear foot (LF),
complete in place, according to the size of the existing water line and shall be full
compensation for all Work required to cut the existing pipe and plug the line for
abandonment as needed for construction as noted in the documents or to the
satisfaction of the Owner.
(15) Abandon Existing Water Line
Abandonment of existing water lines shall include cut and plug of the ends of the
water line being abandoned, and grout -fill of the entire length to be abandoned,
paid at the unit price bid per linear foot (LF), complete in place, according to the
size of the existing water line and shall be full compensation for all Work required
to cut, plug and grout -fill the line for abandonment as needed for construction as
noted in the documents or to the satisfaction of the Owner.
RNDR1800279 SP510-1 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS SPECIAL PROVISION -- PIPE
SPECIAL PROVISION
(16) Hyrnax 2 Coupling
Hyrnax 2 Coupling will be paid at the unit price bid per each, complete in place,
according to the size of the water pipe connecting to, shall be restrained and
pressure rated, and shall be suitable for connecting the existing and proposed pipe
material as shown in the plans. Unit price bid shall include full compensation for
all Work required to connect to the existing pipe.
(17) Hyrnax HLD 2 Coupling
Hyrnax HLD 2 Coupling will be paid at the unit price bid per each, complete in
place, according to the size of the water pipe connecting to, shall be restrained
and pressure rated, and shall be suitable for connecting the existing and proposed
pipe material as shown in the plans. Unit price bid shall include full compensation
for all Work required to connect to the existing pipe.
(18) Abandon Existing Wastewater Line
Abandonment of existing wastewater lines shall include cut and plug of the ends
of the wastewater line being abandoned, and grout -fill of the entire length to be
abandoned, paid at the unit price bid per linear foot (LF) complete in place,
according to the size of the existing wastewater line and shall be full compensation
for all Work required to cut, plug and grout -fill the line for abandonment as needed
for construction as noted in the documents or to the satisfaction of the Owner.
(19) Remove Existing Wastewater Line
Removal of Existing Wastewater Line will be paid at the unit price per LF, complete
in place, according to the size of the wastewater pipe being removed. Contractor
shall remove existing wastewater line and dispose of according to local, state, and
federal requirements. Backfill to the satisfaction of the OWNER. Unit price bid shall
include full compensation for all Work required to remove the existing wastewater
line.
(20) Remove Existing Wastewater Manholes
Removal of Existing Wastewater Manholes will be paid at the unit price per each,
complete in place. Contractor shall remove existing wastewater manhole and
dispose of according to local,, state, and federal requirements. Backfill to the
satisfaction of the OWNER. Unit price bid shall include full compensation for all
Work required to remove the existing wastewater manhole,""
END OF SECTION
RNDR1800279 SP510m2
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
SPECIAL PROVISION - PIPE
SPECIAL PROVISION
SPECIAL PROVISION 511
WATER VALVES
For this project, ITEM NO. 511, WATER VALVES of the City of Round Rock Standard Technical
Specifications is hereby amended with respect to the clauses cited below. No other clauses or
requirements of this Section of the City of Round Rock Standard Specifications are waived or
changed.
511.3 Valves
Add the following after the last paragraph:
H) Combination Air Valves
1. Combination air valves shall provide for both automatic air release under system
pressure and to allow air movement during filling or draining operations.
2. The housing shall be a single or dual body design to incorporate conventional or
kinetic flow principles to properly vent the air without premature closure. The valve
shall have a flanged inlet.
3. Acceptable manufacturers include APCO Valve Co., GA Industries, Inc., or Val-Matic
Mfg Co."
END OF SECTION
RNDR1800279 SP511-1 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS SPECIAL PROVISION - WATER VALVES
Round Rock Contract No. R-2016-3215 & R-2019-0255
,•"I�, SECTION 02025
BYPASS PUMPING
PART 1 GENERAL
1601 SCOPE OF WORK
A. This Section establishes requirements for furnishing all tools, supplies,, materials,
equipment,, operation and maintenance and all labor necessary to implement a bypass
pumping system where called for on the Drawings and in the Project Manual, or where
needed to provide continuous wastewater service during construction.
B. The primary purpose of the bypass pumping is to provide reliable wastewater service to
the users of the collection system at all times. The CONTRACTOR shall maintain
wastewater flow throughout the project area in order to prevent backup and / or
overflow out of the collection system or bypass pumping system.
co Upon completion of bypass pumping, the CONTRACTOR shall remove the equipment
from the site.
InO2 RELATED WORK
A. Related work as called for on Drawings,, herein or in other Sections.
''�1.03 SUBMITTALS
A. The CONTRACTOR shall develop and shall submit plans and descriptions outlining all
provisions and precautions to be taken by the CONTRACTOR regarding the handling of
the existing wastewater flows during construction. This plan must be specific, detailed
and complete,, including but not limited to schedules, monitoring plan, locations,
elevations,, pump types and capacities, piping plan, materials and all other incidental
items necessary and / or required to insure proper protection of the system. The
CONTRACTOR shall field -verify bypass pumping requirements prior to submittal of the
bypass pumping methods for review. No construction shall commence until all provisions
and requirements have been submitted, reviewed and approved by the OWNER and
ENGINEER.
B. Submit Bypass Pumping System Supplier references as specified herein for review by
the OWNER and ENGINEER.
co Submit Emergency Response Plan, including:
1. Responsible Person's names, qualifications, experience, contact information and
notification procedures
2. Provisions to ensure prompt repair and restoration of service in the event of
electrical or mechanical failure
3. Spill containment, cleanup and disinfection procedures including equipment and
material types, quantities, locations and procedures for deployment
� 4. Procedures, including names and con -tact information, for notification of OWNER
and.applicable regulatory agencies in the event of a spill
RNDR1800279 02025-1 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS BYPASS PUMPING
Round Rock Contract No. R-2016-3215 & R-2019-0255
,•.,, 1o04 SYSTEM DESCRIPTION
A. A bypass pumping system shall be provided to meet 100% of the peak wet weather
flow conditions at each location,, 24 hours a day,, 7 days a week for the duration of
bypass pumping.
1. Anticipated maximum flow manhole UID #1431653
2. Anticipated maximum flow manhole UID #1436796
3. Anticipated maximum flow manhole UID #UNKNOWN
B. The CONTRACTOR shall provide all required pipeline plugs, pumps of adequate size and
temporary piping. The type of pumps chosen shall be applicable pumps for the
application.
co The CONTRACTOR shall have adequate standby pumps available and ready for
immediate operation to use in the event of an emergency or breakdown.
D. Performance Requirements
1. The CONTRACTOR will operate the system. The CONTRACTOR shall provide
maintenance and repair support to the bypass pumping system throughout the
duration of the temporary operations.
2. The CONTRACTOR shall provide, install and maintain all necessary temporary
facilities such as plugs, pumping equipment, pipe, all necessary power systems and
packaged instrumentation and controls and all other labor and equipment.
�^►„ 3. The design,, installation and maintenance of the bypass pumping system shall be
the CONTRACTOR'S responsibility.
4. The bypass pumping system shall meet the requirements of all codes and regulatory
agencies having jurisdiction.
5. The CONTRACTOR shall provide all necessary means to safely convey the
wastewater flows.
6. The CONTRACTOR shall maintain the work area in a manner that will not cause
surcharging or damage to the existing collection system.
7. The CONTRACTOR"s bypass pumping system shall protect water resources,,
wetlands and other natural resources.
1o05 QUALITY ASSURANCE
A. The design, installation and maintenance of the bypass pumping system shall be the
CONTRACTOR's responsibility. The CONTRACTOR shall employ the services of a Bypass
Pumping System Supplier who can demonstrate that they specialize in the design of
bypass pumping systems. The Bypass Pumping System Supplier shall provide at least
three (3) references of projects of a similar size and complexity as this project
successfully performed within the past five (5) years.
RNDR1800279 02025-2 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS BYPASS PUMPING
Round Rock Contract No. R-2016-3215 & R-2019-0255
,.�., PART 2 PRODUCTS
ai■r�
2o01 GENERAL
A. Bypass pumping equipment shall be designed for the type of work for which it is
required.
Be Existing lines should be kept live until tie-ins occur. Bypassing should utilize existing
manholes.
2s02 BYPASS PUMPS
A. The CONTRACTOR shall provide equipment that will convey 100 percent of peak wet
weather flow conditions with head conditions that match the siphon box design.
Be All pumps used shall be self -priming units that do not require the use of foot -valves or
vacuum pumps in the priming system. All pumps shall operate in dry condition for long
periods of time to accommodate the cyclical nature of flows.
C. The CONTRACTOR shall provide the necessary manual start stop controls for each
pump.
D. The CONTRACTOR shall include one (1) standby pump of each size to be maintained on
site. Backup pumps shall be installed and operable, isolated from the primary system by
valves.
E. If multiple pumps are required to meet the flow requirements, provide the necessary
fittings, valves and connections to incorporate multiple discharges.
F. Each pump unit shall include a run time meter.
G. Each pump shall meet the requirements of the City of Round Rock's Noise and Sound
Level Regulations for a residential district. Noise enclosures may be required for pumps
and/or generators to meet this requirement.
2603 PLUGS OR STOP LOGS
A. Plugs
1. Select a plug that is made for the size and potential pressure head that will be
experienced.
2. Provide an additional anchor, support or bracing to secure plug when back pressure
is present.
3. Use accurately calibrated air pressure gauges for monitoring the inflation pressure.
4. Place inflation gauge at location outside of confined space area. Keep the inflation
gauge and valve a safe distance from the plugs.
5. Never over inflate the plug beyond its pressure rating.
6. A redundant plug shall be provided for each plug utilized.
�'� Be Stop Logs
RNDR1800279 02025-3 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS BYPASS PUMPING
Round Rock Contract No. R-2016-3215 & R-2019-0255
1-1 ---- b�h
1. Use stop log devices,, if required, designed for the manhole or sewer vault structure
in use.
2n04 PIPING
A. All piping,, joints and accessories shall be designed
maximum system pressure. During bypass pumping,
dumped or spilled into or onto any area outside the
When bypass pumping operations are complete, all
collection system prior to disassembly.
to withstand at least twice the
no wastewater shall be leaked,
existing sanitary sewer system.
piping shall be drained into the
Be Where piping crosses creeks, a solid piece of fused pipe shall be utilized.
PART 3 EXECUTION
3s0l INVESTIGATION
A. CONTRACTOR shall investigate existing field conditions to ensure all flow into bypassed
manholes has been identified.
Be CONTRACTOR shall notify OWNER/ENGINEER immediately if field conditions differ than
shown in the Drawings.
3.02 BYPASS PUMPING STARTUP MEETING
A. Prior to beginning the work for which bypass pumping is required,, the CONTRACTOR
shall conduct a meeting with the OWNER to demonstrate that the bypass pumping
system is operational in accordance with these specifications and the submittals
provided.
1. A Bypass Pumping Startup Meeting shall occur at each site where bypass pumping
occurs.
2. Should the OWNER identify items that must be addressed prior to the beginning of
official bypass pumping., the CONTRACTOR shall make applicable corrections at no
additional cost to the OWNER.
3w03 MONITORING
A. The CONTRACTOR shall provide onsite continuous monitoring during all bypass pumping
operations utilizing personnel on site. Personnel hired for monitoring shall be familiar
with the bypass pumping equipment functionalities and the Emergency Response Plan.
3E04 OVERFLOWS
A. In the event of an accidental spill or overflow,, the CONTRACTOR shall immediately stop
the overflow notify the OWNER AND ENGINEER, and take the necessary action to clean
up and disinfect the spillage to the satisfaction of the OWNER. If sewage is spilled onto
public or private property, the CONTRACTOR shall wash down, clean up and disinfect
the spillage to the satisfaction of the OWNER. Any and all overflows shall be reported
to the Texas Commission on Environmental Quality (TCEQ) and the Environmental
Protection Agency (EPA) by the CONTRACTOR within 24 hours.
RNDR1800279 02025-4
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
BYPASS PUMPING
Round Rock Contract No. R-2016-3215 & R-2019-0255
0
B. CONTRACTOR shall be financially responsible for any TCEQ or other agency fee charged
to the City due to a wastewater spill or overflow caused by the Contractor's bypass
pumping.
3n05 INSTALLATION AND REMOVAL
A. The CONTRACTOR shall make all connections to existing systems. The CONTRACTOR
shall provide adequate piping and all ancillary items.
B. The CONTRACTOR shall exercise caution and comply with all applicable OSHA
requirements when working inside manholes, junction boxes or wet wells, or when
working in the presence of sludge gases, combustible gases, oxygen deficient
atmospheres and confined spaces.
3n06 MEASUREMENT AND PAYMENT
A. Bypass pumping as required to maintain continuous wastewater service for the duration
of the project shall be paid as a Lump Sum unit as provided in the Bid Form.
END OF SECTION
RNDR1800279 02025-5
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
BYPASS PUMPING
Gi■■�i
960
SECTION 02615
GLASS -FIBER REINFORCED POLYESTER (FRP) MANHOLES
PART 1 GENERAL
1001 DESCRIPTION
A. This item shall govern the construction of FRP sanitary
place and the materials therein, including manhole rin(
construction work shall be in accordance with cui
Environmental Quality (TCEQ) rules to include: Design
(30 TCEQ § 217), or any revisions thereto as apr
manholes shall be watertight. Manhole covers may
resistant, depending on their specific location. Every
identified 100-vear floodr)lain. or in the Edwards Aau
sewer manholes, complete in
and covers. All material and
�ent Texas Commission on
Criteria for Sewage Systems
icable. All constructed FRP
ie either watertight or water
nanhole cover located in an
er Recharge Zone. shall be
watertight. Sewer manhole ring and cover castings shall meet the current requirements
of AASHTO Designation M306-10.
1802 REFERENCES
A. ASTM D3262 — Standard Specification for Fiberglass (Glass -Fiber -Reinforcement
Thermosetting -Resin) Sewer Pipe.
B. ASTM D3753 —Standard Specification for Glass -Fiber -Reinforced Polyester Manholes
and Wetwells.
C. ASTM D4161 — Standard Specification for Fiberglass (Glass -Fiber -Reinforced
Thermosetting -Resin) Pipe Joints Using Flexible Elastorneri
c Seals
D. Standard Specifications for Utilities & Environmental Services Department, City of
Round Rock, Texas.
1803 RELATED WORK
A. Item No. 506 — Manholes
1804 SUBMITTALS
A. All construction shop drawings related to fabrication, assembly and installation along
with all detailed product/material specifications shall be submitted in accordance with
Item 506 Manholes. Complete fabrication, assembly, and installation drawings,
together with detailed specifications and data covering materials, shall be submitted in
accordance with the submittals section. The data and specifications shall include, but
shall not be limited to, the following for each size and class of manhole:
1. Manhole shop drawings
2. Manhole buoyancy calculations and anti -floatation ring geometry as required
herein
3. Details of specials
4. Test reports
5. Certification in accordance with ASTM D3753
RNDR1 800279 02615-1
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
FRP MANHOLES
1805 PRODUCT HANDLING, DELIVERY, AND STORAGE
A. Handling, transporting and storage shall be in accordance with the manufacturer's
instructions.
Be All manholes are subject to inspection by the Engineer. Material found to be defective
due to manufacture or darna9e in shipment shall be rejected and removed from the job
site.
C. Manholes shall be loaded and unloaded by a means to prevent shock or damage.
Under no circumstances shall such material be dropped.
D. Manholes, if stored, shall be kept safe from damage. The interior of all manholes shall
be kept free from dirt or foreign matter at all times.
PART 2 PRODUCTS
2801 MANHOLES OVER EXISTING SEWER LINES
A. Where manholes are indicated on the drawings to be constructed over existing
sewers, the existing sewer pipe shall be left undisturbed and the flow maintained
through it until the manholes have been completed and accepted or until the receiving
facility to where the flow is being diverted is ready to accept the flow.
B. Existing sewer lines must be properly plugged before being cut and a pump shall be
� provided to divert sewage from the manhole directly upstream of the sewer line to be
cut to a downstream manhole. Bypassed sewage shall not be directed onto the ground
or into any receiving streams.
Co Unless otherwise specified, required or ordered by the Engineer, the Contractor shall
carefully excavate around and properly support the existing sewer pipe.
D. On completion and acceptance of the manhole, the top portion of the existing sewer
pipe shall be carefully removed and the flow channel formed to the limits and in
accordance with the details shown on the drawings.
E. The Owner's in,111,113pector must be present when the existing pipe is cut for manholes
over existing sewer lines.
F. Where manholes are constructed over existing sewers, the base slab may be cast -in -
place or precast concrete and shall have reinforcing bars extending into the concrete
fill used for the flow channel and bench. The manhole section shall have openings
provided to fit over the existing P*ipe(s). The opening around the existing pipes) shall
be sealed with concrete when forming the flow channel to the top of the bench and the
remaining opening above the bench with concrete and mortar.
2802 DROP MANHOLES
A. Drop manholes shall be constructed as shown on the Plans.
RNDR1 800279 02615-2 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS FRP MANHOLES
2003 FRP MANHOLES
A. All manholes shall be watertight. Glass -Fiber Reinforced Polyester Manholes shall be
a one-piece monolithic designed unit constructed of glass -fiber reinforced, supplier -
certified, unsaturated isophthalic polyester resin containing chemically enhanced silica
to improve corrosion resistance, strength and overall performance. FRP manholes
shall be manufactured in strict accordance with ASTM D3753-1 26
Be For a UV inhibitor, the resin on the exterior surface of the manhole shall have gray
pigment added for a minimum thickness of 0.125 inches.
Co Manholes shall be a circular cylinder, reduced at the top to a circular manway not
smaller than 30 inches (inside diameter). Manholes shall also be produced in whole
foot increments of length +/,,, 2 inches. Nominal inside diameter shall be 72 inches.
Tolerance on the inside diameter shall be +/o,s 1 %. The minimum wall thickness for all
FRP manholes (all depths) shall be 0.50 inches. Unless otherwise shown in the
contract documents or approved by the Engineer, standard sanitary sewer FRP
manholes shall be constructed on influent or effluent pipes less than 24 inches in
diameter. The maximum vertical height of the diameter adjustment section or cone
shall be 36 inches.
D. The Arnanway reducer must provide a bearing surface on which a standard ring and
cover may be supported and adjusted to grade. The reducer shall be joined to the
barrel section at the factory with resin and glass fiber reinforcement, thus providing the
required monolithic design to prevent infiltration and/or exfiltration through the
manhole.
E. Manholes shall be manufactured in one class of load rating. This class shall be
AASHTO H-20 wheel load.
F. Several methods exist that may be used to connect primary and secondary lines to
manholes, and these shall be performed per the Engineer's request. The most
common of these methods include: installation of SDR PVC sewer pipe stub -outs to
the manhole, Kor=@N-Seal boots, or Inserts,,anoTee fittings in the manhole wall. Installation
of SDR PVC sewer pipe must be performed by sanding, priming, and using resin fiber -
reinforced hand lay, -,up. The resin and fiberglass shall be the same type and grade as
used in the fabrication of the fiberglass manhole. KorvooN-Seal boots may be installed by
the manhole manufacturer using fiberglass reinforced pipe stub -out for Kor=,N-Seal
boot sealing surface. 1nsert,,,av,oTee fittings maybe installed only with the approval of the
Engineer, and shall be installed per the manufacturers' instructions.
G. Manholes are required to have a resin fiber -reinforced bottom. Deeper manholes (> 6
feet) may require a minimum of two 1'/2 inches deep x 3Y2 inches wide stiffening ribs,
completely enclosed with resin fiber -reinforcement. Manhole bottoms shall be a
minimum '/z inch thick.
H. All fiberglass manholes with a fiberglass bottom will have a minimum 3 inch anti -
flotation ring. Manufacturer shall determine necessary floatation ring geometry by
performing buoyancy calculations on each manhole. Submit to Owner/Engineer for
review.
RNDR1 800279 02615-3 APRIL 2021
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS FRP MANHOLES
I. Rings and Covers shall conform to the requirement of City of Round Rock standard
specification Item No. 503 "Frames, Grates, Rings and Covers ".
J. Watertight Rings and Covers: Rings and covers shall be per the Plans.
K. Manhole vents shall be per the Plans.
L. Throat rings shall be made of either HDPE or reinforced concrete and have a
maximum thickness of 2 inches. The internal diameter shall match that of the ring and
cover's opening. Concrete shall conform to the provisions of Item No. 403 "Concrete
for Structures." If concrete throat rings are to be utilized, they must be used in
conjunction with a UV stabilized polyethylene liner. 1/1 barrier must meet the following
ASTM standards: ASTM D790/1505 Density of Polyethylene Materials, ASTM D1238-
10 Melt Flow index, ASTM 638-10 Tensile Strength @ Yield (50mm/ m), ASTM 790,,s
10 Flexural Modulus, ASTM 648-07 Heat Deflection Temperature @IGEPAL, ASTM
1693-1 2 EsCR, 100% IGEPAL/1 0% IGEPAL. A minimum of two and a maximum of
four throat rings may be used at each manhole installed.
M. The mortar shall be composed of one part Portland cement, one part masonry cement
(or %4 part hydrated lime), and sand equal to 2-1/2 to 3 times the sum, of the volumes of
the cements and lime used. The sand shall meet the requirements for "Fine
Aggregate" as given in Standard Specification Item No. 403 "Concrete for Structures".
N. All membrane curing compound shall conform to the provisions of TxDOT's DMSEND
4650, "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants. "
O. All reinforcing steel shall conform to provisions of Item No. 406, "Reinforcing Steel."
P. Refer to the Plans for all backfill requirements.
PART 3 EXECUTION
3901 CONSTRUCTION
A. Manholes shall be constructed of materials and workmanship as prescribed by these
specifications, at such places shown in the contract documents and in conformity with
the typical details.
B. Fiberglass manholes must be installed according to manufacturer's installation
instructions. In addition to these instructions, local codes may apply and should be
consulted as applicable in manhole installation. Correct manhole installation requires
proper concrete foundation, good backfill and proper handling to prevent manhole
damage and insure long-term corrosion resistant service.
Co Prepare excavation at manhole location should be at least wide enough to
accommodate the slab specified and to provide working room around manhole. Ensure
the depth of manhole is sufficient to allow between two and four concrete rings for
adjustment of ring and cover at top of final grade. Quarter marks have been provided
on barrel to facilitate alignment.
� D. Bed manhole and pipe per Plans.
RNDR1 800279 02615-4
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
FRP MANHOLES
E. To lift manhole, insert 4 inches x 4 inches timber crosswise inside the manhole to the
underside of the collar with a rope or woven fabric slings attached to backhoe or other
lifting device and lower the manhole. Level manhole and connect sewer lines to
manhole. A concrete base encasement shall be placed at least 12 inches from the
manhole and shall come over the top of the anti -flotation ring a minimum of 12 inches.
F. The invert and bench area can be formed with wet concrete and finished with an epoxy
sealant.
G. Initial backfill material shall be used for backfill around the manhole for a minimum
distance of one foot from the outside surface and extending from the bottom of the
excavation to the top of the reducer section. Secondary backfill material may be used
for the remainder of the backfill, subject to pre -approval by the Engineer. An approved
flowable fill material may also be used for backfilling operations.
H. Backfill material shall be placed in layers of not more than 6 inch lifts to 85%. Refer to
Details WW-1 7 and WW-1 8 for more specific measures for backfill and compaction
requirements. Flooding will not be permitted. Backfill shall be placed in such a manner
as to prevent any wedging action against the fiberglass manhole structure.
3002 TESTING
A. General. Manholes shall be tested after installation with all connections (existing
and/or proposed) in place. Lift holes shall be plugged with an approved non -shrink
grout prior to testing. Drop -connections and gas sealing connections shall be installed
prior to testing. Further information can be found in Item 506 "Manholes."
Be Test Procedure. The lines entering the manhole shall be temporarily plugged and
braced to prevent them from being drawn into the manhole. The plugs shall be
installed in the lines beyond drop connections, gas sealing connections, etc. The test
head shall be inflated in accordance with the Manufacturer's recommendations. A
vacuum of 10 inches of mercury shall be drawn, and the vacuum pump will be turned
off. With the valve closed, the level vacuum shall be read after 2 minutes per 30 TAC
2178580 If the drop in the level is less than 1 inch of mercury (final vacuum greater
than 9 inches of mercury), the manhole will have passed the vacuum test.
C. Manholes will be accepted with relation to vacuum test requirements if they meet the
criteria above. Any manhole which fails the initial test must be repaired with a non -
shrink grout or other suitable material based on the material the manhole is
constructed of. Manholes shall be repaired on the exterior surface only prior to
backfilling. The manhole shall be retested as described above until a successful test is
made. After a successful test, the temporary plugs will be removed.
D. If the manhole fails three (3) consecutive vacuum tests, then the manhole shall be
removed and a new manhole installed in its place.
3203 MEASUREMENT AND PAYMENT
A. FRP Sanitary Sewer Manholes shall be paid as an alternate
manholes. Refer to Item 506 "Manholes" for additional information.
END OF SECTION
bid item to pre -cast
RNDR1 800279 02615-5
KENNEY FORT BLVD WATER AND WASTEWATER LINE IMPROVEMENTS
APRIL 2021
FRP MANHOLES
02000 PLANS, DETAILS AND NOTES
If applicable, insert reference(s) to project plans; details; and notes
Construction drawings for Kenney Fort Blvd. - Segments 2 & 3 are included in a separate
document and hereby incorporated into the contract document.
rahwa"W"Um-, %
da
8 s $ x N r 2 8 8 R 8 8 88 51 8 $ 8 a 8 8 a S 8 8 8 8 8 $ 8 8 800
8 8 8 8 8 8 R 8 8 8
O
N
81 $',$ N P 8 r x x V 8 m 8 8 8,8 8 e R 8 8 8 S 8 8 8 R $
» Iz as»s «iss zz3'a »xg :z t t»8 »
$ 8 8 8 s 8 8 8 8 8 8 8 8 $ $ $ $ $ $ 8 8 8 8 8 8 8 8 8 8 8 s '8 8 8 $ $ x 8 $ 8 8 8 s 8 8 8
9
8 8 8 8 8 8 8 8 8 8 8 8 8 8 SS 8 8 8 8',8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 5{
»»»» g g »rz » of » RR ««w »a aIRIRI»=x»» ea R»
tr r M
7 I
8 8 8 8 8 a A a 8 8 8 8 8 8 8 a
Rx »NN�RfR x� lx s
9
0 8 81W8 8 $ 8 8 $ 8 8 $ 8 R 8 8181',8'8 8 8 8 8 $ 8 8 8 8 8 8 8 8 8 8:8�,8
8 818 8 8 8 8 8 8 8 R 8 8 a 8 s 8 8 8 8 s a 8 8 8 8 8 8 S a 8 8 8 8 8 8 S x
»��x�»�x�»x�xz»
8 s 88 8 88 8 8 a W. 8 8 8 a 8 8 8 8 $ 8 8 8 8 8 8 8 8 8 8 8 8 8 a alb 8 8 8 8 8 8 S. 8 8 8 8 8 8
a » »»xgxa IQ A » x � g' a
� S
u
i 8 8,5,8 8 8 8 8t 8 8 $ R 8 818 8 8 8 8 8 8 8 8 8 8 8 8 8',R,R 8 $ 8 3 Q $ 8
e
rv~ 8 8 8 8 8 8 8 S 8 8 8 8 8 s n 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 a C! : $ $x $ Ft 8 8 N e
m ¢ x » �ix�iaaxiAA TKasi
d
x $ $ asas8 aasa $ asea8aasaasas $ 8s $ ssa $ sa88 $ aa $ $ $ ease
8e8 $,$ $ s $8 $ $ $ $ $ $ 8
I � '
zl'elaERlq » � s � sg ',�19'1� � = P8 8 �1 '� a ' ^ oQ8
3
o
3 m > o < 5 A o < fl 0 33g � i • z C z
= oa zo
_ a � s98 � E ;
z o 0 o z W a i x > ; 3 !� c Y( 2 7 • ; C X' Y x u x N N z z z 'q z
� i u u u o c u S • G z W N N N
$ Wo1y 0Y1y W0u� o' > ► .�J p p _ 5■ g ��y �...Y y {� ■ z z 3 z z z z
Z Z C, N N N N 3 Z Y
sasses A RR fxp „ n4 R g5t5
_g
Fl
A 99 RI R MX W mIR f� S <^ S 7 �I���F
O�m
8 R 8 8 8 8 8 8 8 8 8 8 8 8 8 8 R . 8
Asa e m # � g $ o .PUP
S 8 818 S 8 0 $ 8 N g 8 8 8 8g 8 8 8 8 8 8 8 8 8g $ $ 8 8 S 8 8
a s»a«,« 9 a !A 8»« M 99 »aj 8 x x a "S Sb A Yt yt R
_
8 8 8 8 8,8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 $ S 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
5 �
s`
s s a s s a s s 2 a 8 s s 818. s 8 s a E 8 8 8 8 s s & s s
» z »a9 s,s,� aYC � a x »Icaaa �e
88882S2K, A8 8 Si $ Ra888R8 8 880 8888,888888 88 888
^' Si 5t F F N 8 S 6t 88 8'8 s'st s q p $ $ 5S e R 8 88.8 $ 5S 8 1C IC S K'. 8 8 88'8 8 8 8 8 8 8 8 8g $g 8 8 88'.88
S R 91? S 8 S S $ 8 8 8 $ S o a g s S S 8 R $ 8 S 8 8 8 R 8 s 8 S Y 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
s g $ « R'R',8 8-8 s 8 x $ S 8 m SS 8 �t 8. 8 8 8 5 8 8 8 R $ R 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 S. 8
as»axxxxx �Ea� attx«8&xx: !ada
$ $ $ $ s $ $ $ e. . e. . $
51
N� <
SL rm Sot [« StSA" " : iM jai w xa a ga a a 8a a 8 q S gm a $ a a
yt:x
o
z ;r 8 R R 8 '8 8 8 8 8 8 8 x 5t 53 8 8 8 8 8 8�8 8 8 R 8 R 8 8 8 2 m 8 MI $ X R N %t 8 6 N 8 = r R
'� � = 6gpi$ $$8 , $ # km6 . o vm = ads
d R '^ 8RR8 "' Si � g $ g 8 $ 88 '" fii " " fiSfii $ 588888 « 88S SQfit88 y p 'S_ 'R. 'R, ^n, '3, "� '�' 1�" $ 81� K86& � 8
Y ««»xaaa»SSE
€ ClR � MmRImIs �11'; & "a � "s �& s � sF 'g'�I ^ R � "a # R " � SIB € g azasa � � u
i o
z s z
y6 �'_ "d "d3C }}y"acSy < YYzu �F��E�F.
d W > > i" E Y z z z ^ a ; z x x x x n x x
'o 'a o f = z z z z z
z z z 3 .... A o • • r a e • } z i 8 s S 5 t t t t t t t
i �Ca� a� " `d ` C � C �d ' '� SAY °s .� CJ i : 888` g i>>i>iQ-
zzzz i ' ' ' ' ' '� '� '� '� '� 34i43434 < i ' : < < CC Ito '3 = 0oo € "
> > > > > > > : : z z z z z z z z z z z z z z z . . ` < t W $ G
> > > > > > > > > > > > > > > > > t t S $ e W W
i i s a s s s s s s s s s Y Y Y O G o z i o '� g i G z 9 9 9
8 '� '� '� '� $ '� d d d d Ed � � d e d d d � d d d d z z z z z c z ., :
�$ 3f
's � a"ay �aiar8a ts � a � � 's � e � G aac � � W � .. Baca� ' s� � rEB _ a� " m � P "sia x �r ��$
P1
s § § � � as � s; � g � P.P.P.P. _ as gaaaa � � � ssss � ssass � � �N
m � oII � y l rasa g ti - v o � � ti Wti _ ti _ W .,
SS �iSiii 888 94IC = 9 r. vvv v RR3R
� nnnnnn � a � e � � � � g� sssS � �vea a � aa55aa = = = a5 �a555s a s
■ e e e e e e = = p i � '� 3 E E � � � i � f $ pp i �� � � � �
j i '4 'x xx L L xx
LL LC CII? ? s
x �, GP �,G� npgo v8�888 � � � = E aaaaa � � � � � � ; € € € � o � axaI
zxx.Sx44 �s
E = ll �� � � � s:��KK� �
-, gs a
g
rrQrrrrrrrrr � � � r � � � � rTr � rrr � rrr � rQQrrrrrrrrrsrrrrrrrr � � � �
8 s88888 is is 8 sN'}%'e�, s8oB888 CRa8s 19 G8YA � ms SNJ & �, 2li � � i4R ! !6w
�x�='rlx���
s . . s st ig 's 's s . -Rs -8Z s2kasa a IN 1s 2A esY s A T 93
� i A
8 N N & S N N !g 8 8 S R s b 8 s ;1 'w 8 a 8 8 8 8 8 8 8 8 8 8 8 8 8 8 s a 8 9,9 8 8 8 8 8 8 8 8 8 8 8 8 8 o r o
WffiPpx16ti N W Nxy B gxt�a xc « »»: «« x y wN
$ Ysa & irNmia9ss 6,868 8i52tssass ' sssassss8 ss 8 g18sss
r^ «xxxEpx z p 2 A ««xIU7,«x «7FxU" 3
. - . .
sasass .saassnsssssssssss sasssasssssssssasasssasssasgaasa
x»�sPisx�sx 5;p;I ST rNxs�ax� xxx� x�� w x»�
8 8 8 8 8 8 8 8 8 8 8 # 8 8 8 s 8 8 8 8 8 8 8 s a s s a s s 8 8 8 8 s 8 8 8 8 8 8 8 s s s 8 s 8 s 8 8 8
8 8 8 8 8 8 8�rla 8 8 8 g 8 1b 6 N 8 8 8 $ 919191 8 $ a s s 8 8 8 8 8 8 8 8 89 8 8 8.8 8 8 8.8 8 8 8 8 8 8 8 8 8 0
r s
� u ffix�sxr �x• a rx $wx«� IS
�a s s 8 s s U 8 8 8 8 8 8 8 8 8 8 s 8 8 8 E 8 8 8 8 8 8 8s 8 8 s 8 8 8 8 s is8 8 8 8 8 8 8 s
- aa�x�xxuauu,�, =s
8 8 8 8 8 8 8 8 8 8 8 8 }4 B 8 s 8 8 8 8 8 8 8 8 8 s 8 8 8 8 8 8 8 8 8 8 s s 8 8 8 8 8 8 8 8 8 s 8 8 8 8 8 8 s s
s
� saxoxo��v��xssxx �x'A W yu« Waaag ��s :x�x= -eEr � ffix e
gas % r @aA
s 8 8 8 8 s s 8 8 8 a 91919 s 8 8 8 8 8 8 8 8 8 8 S S 8 s s 8 8 8 8 8 8 8 8 8 8 8 8 s 9 8 8 8
Nax� «x�rr Wuxi»»»fix»uxx »?s�
s s 8 8 s 8 8 8 s 8 s S's S 8 S N 8 N1 9191 8 8 8 8 8,9 s 8 s $ 8 8 s 8 8 8 8 8i8 8 8 8 8 8 s 8 8 8 8 8 8 8
C
� = �»xis ;» �xxffiN eN«�,tixx�x��exuNx»»" " "o���u �x����
9 8 $ $ 8 $ s $ 8 8 8s 8 8 }S b 9 9 9 9 9 9 $ 9 $ 8 8 $ 8 8 F 8 8 $ 8 8 $ $ 8 $ $ 8
� � as � 8aeasssaasas as $ $ a $ a � � sa � saa says ^ R $ a � � a Maass $"^
S S 8 8 8'I81s a,E $ a R 8 8 8 8 8 8 8 8 8 "8 8 8 $ 8 8 8 8 8 ' n5t " 8 e R 8 : " 8 ' »0 8
»as"ia�sis
� sssasassssas. s as as ss8 assess as " " " sasss8 s' say
� � s88ssl88ss $ $ $ 88'8sst8a $ $ 8 $ a88a8a8a s8ss8 � RR'ass88s8s88888ss
a $ Ea 8. 8asaas $ as s8s88882 s8ga s s 8 �a >ns s. sssas. 8s. asaaa
8 8 8 IR 8 R %t 8 8 8 8 8 88 8 8 8 8 8 8 8 8 8 8 8 8.8 8 R 8 8 8 9 8 8 S �INII,r'8 $ 8 8 8 8 8 8 8 8 R 8 8 8
»ae »ttz� g � 12e » ge $ I, iaaa"s »aaaxx '��x»sa»z>u»g
a as $ assa $ s $ saasas essessseasa $ ss sass $ as^ aa � as a $ aasss. ;
q
8 8 8 8 8 1 V.
8 8. S.
8. 8. 8 8� . �8 8 2 8 S. S. 8 S.
8 8. 8 8 8 8 8 2 8. 8 8 8 8 8 8 4 8 $ 8 8 8 8 8 8 $ 8 8 8 8. S
&�� � � � � � �x
r $ � � R CNN ^o & 8 8I8 IC 8 $ Si g7R >e id,fit 8' ^ M8; S' 86tg R ems,,� 8 8 a8 88
m � R . a� � . � R � �� . . aR � a� ��� � � . N��!� e �s
"8
8 8 8 8 e 8 a 8 le R 8 lei 9t 8 o K 8 "' £ £ 7C,8 8 8 8
aaajalax
v I
- a a ;ex aa;
88812, Ea le888'8888.888 8888888888.881A" 8� 88888i 'Wffi � X! ffio �' ^ "dBR '" 8
o _I °
I
r
n �
sz
si
IS Q
a7<NGG ' S � � °� � 6 �ggGG � uz1WE � iC
° � °g ° 0
� = �
s
8 u u N N ° o $ z Se p " _ = z o
= .zaa � � : � eE > > > 8 �d
a§ - gasss asR'_ � _ lQ le,k11 Ies aaxas � � s zxs
8888g 8n RI$1.8$vS88888888888888888g 8 „4,g8F88888. .88 '$A
�g m
9
8888 888�88SS88888888888888,888 $$$RW-8R588888 $$
s��,������R�����Cl�i'»����8 s"es"i
8888', 88 a 8 as 8888888a88a 888888188188889888ag8 aa8
all,
88aa gga8888888888888888$$8888 8a8$aaa8l$88888$888888 88
�
8888 $ 88 8'N888$a88888'888 8 '888A 88888s888888$$a'$a$$883 8.as
a
8888 888R888888888888888888888~ 88888R888888888'858888 88
as as,� aa88aaasass8aass888asasa aa88aa8s8a88aaassaaaa� a�
a �, m s � � � Nam »fi» •R 49
t
V 8888 8888888988888888888888888 8-a8888888888888888888 88
at
»$�k& 8a»�i$ Ili
5 »S
i
888 $ E 88 $, $$$888$$15 8 88 Q ga888a$$ga assA $88
88888888888888i818888888888 88888$88888888,8888888 88
6 �1 g
x 1 ,
x 8 $ 8 $ $ 5 $$$aRR!sa R 8 8 8 8 888 888aEEa $qR8&m$888R$$a,=`a�8a8E asF
§ : ���� sm����aRgR �
_ 888 � �� rKB$88R$R9.888888888888888y �'�9.RR^o888,8StRER'y.RB8888� 8'R�
Q s e 19 . MEE six '1511
�1»;
z
� hhha 55t§666,1S16a6666;6S u, U�Ib5 Sal
���,�����a��5
3 ;
le
..i'"'r O 'T MY bf ry o FpL FF>>F i3i o F 2 a iL J m F rev rR yO O LEA 'T t37R�Kl�nJ�nl In L
N E E �nnn a 2 p 2 S S S rl 2 rry
�4,4'b0�'d <j�i S '�' ix ,�,� 3db
HHHUNI
City of Round Rode Kenney Fort Blvd-Segment 2 3 Project
TsDOT CSJ:091+05-195 Bid Tabulations
Bld Opening:Tuesday July 27,2021;2:00 pm
Engineer's Estimate J.D.Abrams Ch—o Jordan Forster CC Carlton Indusbies Capital Excavation
NuBid mber 1— D—Code Description as F tl unit Unit Pd m ca Amount unit Price Amount UNt hlw Amount tlrtlt pi Amount ke NnN Kra i Amaunt unit Ph- Amount
Quan
ALTERNATE NO.2
VAV 1.1 CORR 506 JADD NEW MANHOLE CON57RUCTION,48-INCH DIAMETER 1 EA $10,000.00 _ $10,000.00 $4,900.D0 $4,900. $9,600.00 $9,600.00 $5,400.00 $5,400. $15,000.00 _ $15,000.00 $9,200.00 --$q'2w.00
WW-1.2 CORR 506 ADD NEW MANHOLE C-STRUCTION,60-INCH DIAMETER 8 EA $13,000.00 $104,OD0.00 $7,400.00 $59,200.00 $13,200.00. $105,600.00 $8,200.00 $65,600.00 $12,000.00 _ $96,000.00 $14,4gD.00 $115,200.00
NNy-1.3 CORR 506 D[DIICT FRP MANHOLE(ALL DEPTHS),48-IN DIAMETE0. 1 EA _ $10,736.00 410,736.00 $5,300.00 -$5300.00 f8,400.00' -SB,aW.W 55,4W.00 -f5,900.00 SI5,000.00 -SIS 000.00 $8,600.
WW-1.4 CORR 506 OEDIICT FRP MANHOLE(ALL DEPTHS),60-IN DIAMETER B EA 513,420.00, -$107,360.00 S81000.00 -$64,000.00 11D,5W.00 -$84,000 w $8,400.00 -$67,200.00 f18,000.00 4149,000.00 $I,,70 W -$101,Ti00.00
ALTERNATE NO.2 Stn TOTAL -$4,096.00 -$5,200.00 $22,800.00 -$1'600.001 448,000.00 $14,200.00
Total Baas Bid Trans rtation+Water+Wastewater $25,647,686.02 $23,409,120.97 $24 219,M.85 $24,492,502.40 $25,741,680.95 Unresponsive Bid
Total Base Bid+Alternate 1 $25,616,782.42 $23,416,478.97 $24,197,792.85 $24,477,786.40 $25,704,890.95
Total Base Bid+Alternate 2 $25,643,590.02 $23,403,920.97 $24,242,666.95 $24,490,902.40 $25,693,680.95
Total Base Bid+Alternate 1\2 $25,612,666.42 $23,411,278.97 $24,220,592.85 $24,476,196.40 $25,656,890.95
Z Over/Under Engineering Estimate -8.7% -5.6% 4.5% 0
City of Round Rock Kenney Fort Blvd - Segment 2 3 Project
TxDOT CSJ: 0914-05-195 Bid Document Check
Bid Opening:Tuesday July 27, 2021; 2:00 pm
Check for Bid Documents I D. Abrams Capital Excavation Chasco Jordan Foster CC Carlton Industries
AcknowledgeAddendum No. 1 Yes ..........Yes...._...................................._......._.......Yes..._................_.._........_...............Yes......................................_....._............Yes..........................._....
...................................A ..............................._.........__.......__....._.......................__........._................_......._......._.................
Acknowledge Addendum No. 2 Yes .Yes..........................................................._Yes.................. Yes .Yes
....................................................................................................................._..................................................................................._... ........._................_....................................... .................................
Safety Experience Yes Yes Yes Yes Yes
.............................................._...................................................................................................................................._......._................................................................................................__............................._.........._. ......_......._....._.._.....__......._....._......._....................__....
Bid Bond Yes Yes Yes Yes Yes
_.._.....__......._.............
.....__.......__.......__......................................_...............__.....__ ................... .....__.......__..... .....__.......__.....__ ........_.........__.......__.....___.....__...... .....__......._....
Texas Child Support Business Ownership Form Yes _................_N°............_. _Yes...................._............................_Yes.................
.................._..........._.................................................................................................................................._........._........._........ .....
Non-collusion Affidavit Yes No Yes Yes Yes
........................................................................................................................................................................................................................................................................................................................................................................................................................................................_.......__........._.......__....
Disclosure of Lobbying Activities Yes No Yes I Yes I Yes