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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. 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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