ih-20 / ric williamson memorial hwy interchange · ih-20 / ric williamson memorial hwy interchange...

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF

IH-20 / Ric Williamson Memorial Hwy Interchange

Paving, Drainage and Bridge Improvements FOR

Parker County, Texas

County Judge

MARK RILEY

Precinct 1 Commissioner

GEORGE CONLEY


CRAIG PEACOCK


LARRY WALDEN


DUSTY RENFRO

FEBRUARY 2013

FNI PROJECT NO. PRK09184

DO NOT DISASSEMBLE

DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS

Table of Contents 00 01 10 -1

PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 01 10 TABLE OF CONTENTS

Division /

Section Title

Division 00 Procurement and Contracting Requirements

00 01 10 Table of Contents

00 01 15 List of Drawing Sheets

Notice to Bidders

00 21 13 Instructions to Bidders

00 42 23 Bid Form

00 42 23.01 Bid Form Exhibit A

00 42 23.04 Conflict of Interest Questionnaire Form CIQ

00 43 43 Wage Rates

00 52 23 Contract Agreement

00 61 13.13 Performance Bond Form

00 61 13.16 Payment Bond Form

00 61 20 Performance Bond Form for Specified Goods and Special Services

00 62 16 Certificate of Insurance

00 72 00 Standard General Conditions

00 73 00 Supplementary Conditions

00 91 13 Addenda

Division 01 General Requirements

01 11 00 Summary of Work

01 29 00 Payment Procedures

01 31 00 Project Management and Coordination

01 31 13 Project Coordination

01 31 13.13 Forms

01 32 16 Construction Progress Schedule [Small Projects and Linear Construction]

01 32 33 Photographic Documentation

01 32 36 Video and Photographic Documentation

01 33 00 Submittal Procedures

01 33 00.01 Table of Required Submittals

01 35 00 Special Procedures

01 40 00 Quality Requirements

Table of Contents 00 01 10 -2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

Division / Section Title

01 50 00 Temporary Facilities and Controls

01 57 00 Temporary Controls

01 57 23 Temporary Storm Water Pollution Control

01 60 00 Product Requirements

01 70 00 Execution and Closeout Requirements

01 74 23 Final Cleaning

Geotechnical Report

TxDOT General Notes, Provisions, and Special Specifications

Specification List

TxDOT General Notes

TxDOT Special Provisions

TxDOT Special Specifications

FHWA Form 1273

Disadvantaged Business Enterprises (DBE) Requirements

Disclosure of Lobbying Activities

Child Support Statement

Non-Collusion Affidavit and Debarment Certification

Contractor’s Assurance

Appendix

Project Designation Sign Detail

END SECTION

List of Drawing Sheets 00 01 15 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 01 15 LIST OF DRAWING SHEETS

Sheet No. Title GENERAL 1 TITLE SHEET 2 INDEX OF SHEETS 3-5 RIGHT-OF-WAY LAYOUTS 6-15 TYPICAL SECTIONS 16 GENERAL NOTES 17-21 QUANTITY SUMMARY TRAFFIC CONTROL PLAN 22-27 TRAFFIC CONTROL PLAN - TYPICAL SECTIONS 28 TRAFFIC CONTROL PLAN - PHASES NARRATIVE 29-37 TRAFFIC CONTROL PLAN - PHASE 1 38-40 TRAFFIC CONTROL PLAN - PHASE 2 41-44 TRAFFIC CONTROL PLAN - PHASE 3 45-53 TRAFFIC CONTROL PLAN - PHASE 4 TXDOT TCP STANDARD DETAILS 54-65 BC (1)-07 THRU BC (12)-07 66 TCP (1-1)-12 67 TCP (1-2)-12 68 TCP (2-2)-12 69 TCP (3-1)-98 70 TCP (3-2)-98 71 TCP (3-3)-98 72 TCP (6-1)-98A 73 TCP (6-2)-98A 74 TCP (6-3)-98A 75 TCP (6-4)-98A 76 TCP (6-7)-98A 77-78 CSB (1)-10 79 ABSORB - 10 80 ACZ(350)-10A 81 WZ (TD)-03 82 WZ (STPM)-03 83 WZ (UL)-03 84 WZ (DERD)-03 85 TE(HMAC) - 11 TAPERED EDGE DETAILS ROADWAY DETAILS 86 HORIZONTAL & VERTICAL CONTROL 87-88 REMOVAL LAYOUT 89-92 ALIGNMENT DATA 93-95 WESTBOUND ENTRANCE RAMP PLAN AND PROFILE 96-98 WESTBOUND FRONTAGE ROAD PLAN AND PROFILE 99-101 WESTBOUND EXIT RAMP PLAN AND PROFILE


102-103 EASTBOUND EXIT RAMP PLAN AND PROFILE 104-106 EASTBOUND FRONTAGE ROAD PLAN AND PROFILE 107-110 EASTBOUND ENTRANCE RAMP PLAN AND PROFILE 111 OLD BROCK ROAD PLAN AND PROFILE 112 RIC WILLIAMSON MEMORIAL HWY. PLAN AND PROFILE 113 ACCESS ROAD 114-115 INTERSECTION DETAILS 116 DRIVEWAY PROFILES 117-119 RIP RAP CONSTRUCTION AREAS 120 RETROFIT DETAILS FOR MBGF TRANSITION TO EXIST 121 US HIGH TENSION CABLE SYSTEM TXDOT ROADWAY STANDARD DETAILS 122 CC-CG (FW) - CONCRETE CURB AND GUTTER DETAILS 123 CDD-08 (FW) - CONCRETE DRIVEWAY DETAILS 124 CP-TD-03 (FW) - CONCRETE PAVEMENT TERMINUS 125 CP-TEP-03 (FW) -CONCRETE PVMT TIES TO EXIST PVMT 126 CRVC (FW) - CONCRETE RIPRAP FOR VEG CONTROL 127 CSWD -08 (FW) - CONCRETE SIDEWALK DETAILS 128 JS-03 (FW) -CONCRETE PAVING DETAILS JOINT SEALS 129 GF(31)-11 - METAL BEAM GUARD FENCE 130 GF(31)DAT-11 - MBGF (DNSTREAM ANCHOR TERM) 131 GF(31)LS-11 - MBGF (LONG SPAN) 132 GF(31)TR-11 - MBGF (THRIE BEAM TRANSITION) 133 GF(31)MS-11 - MBGF (MOW STRIP) 134 BED-11 - BRIDGE END DETAILS (MBGF APP TO BRIDGE) 135 SGT(7)31-11 - SINGLE GUARDRAIL TERMINAL (ET-2000) 136 SGT(8)31-11 - SINGLE GUARDRAIL TERMINAL (SKT 350) 137-140 PED-12A - PEDESTRIAN FACILITIES 141 CRCP(1)-11 - CONTIN. REINFORCED CONCRT PVMT 142 M-10 - RIGHT-OF-WAY MARKER 143 RS(1)-10 DEPRESSED SHOULDER TEXTURING DRAINAGE DETAILS 144-149 DRAINAGE AREA MAP 150 STORM SEWER HYDRAULIC DATA 151 STORM SEWER INLET COMPUTATIONS 152-153 CULVERT LAYOUT 154-169 STORM SEWER PLAN AND PROFILE 170 SUPPLEMENT WING &END TREATMENT (BCS) TXDOT DRAINAGE STANDARD DETAILS 171 CAST-IN-PLACE MISCELLANEOUS DETAILS (MC-MD) 172 C-I-P 8' SPANS THRU 13' FILL (MC-8-13) 173 C-I-P 5' SPANS THR 20' FILL (MC-5-20) 174 FLARED WINGS FOR 0 DEG SKEW (FW-0) 175 PARALLEL WINGS SKEWED (CH-PW-S) 176-177 CROSSED DRAINAGE FOR 12"-60" DIA (SETP-CD)


178 PARALLEL DRAINAGE FOR 12"-72" DIA (SETP-PD) 179-180 HORIZONTAL INLET TYPE H W/GRATE (IL-H-G) 181 TYPE 1 CURB INLET ~5', 10', 15' & 20' (CI(1)=02-BC(FW)) 182 TYPE 3 CURB INLET ~ 12" BACK INLET (CI(3)(OB)-02(FW)) 183 STORM DRAIN MANHOLE ~TYPES 1&1-C(MH-1-02(FW)) EXISTING UTILITIES 184-186 EXISTING UTILITIES LAYOUT RETAINING WALL 186A RETAINING WALL LAYOUT 186B RW 1(L) A – RETAINING WALLS 186C RW 2 – RETAINING WALL MISCELLANEOUS DETAILS BRIDGE 187 BRIDGE QUANTITIY SUMMARY 188 BRIDGE LAYOUT 189 BRIDGE TYPICAL SECTIONS 190 BORING LOG LOCATION MAP 191-195 BORING LOGS 196 ABUTMENT 1 197 ABUTMENT 3 198 ABUTMENT DETAILS 199 BENT NO. 2 200 GIRDER LAYOUT 201 IGND 202 SLAB PLAN TXDOT BRIDGE STANDARD DETAILS 203 BAS-C - BRIDGE APPROACH SLAB 204 CRR - CONCRETE RIPRAP AND SHOULDER DRAINS 205-206 FD - COMMON FOUNDATION DETAILS 207 IGCS - CONTINUOUS SLAB DETAILS 208-209 IGD - PRESTRESSED CONCRETE I-GIRDER DETAILS 210-212 IGEB - ELASTO. BEARING AND GIRDER END DETAILS 213 IGMS - MISCELLANEOUS SLAB DETAILS 214 IGTS - THICKENED SLAB END DETAILS 215 MEBR (C) - MINIMUM ERECTION AND BRACING REQ. 216 ODSR - OPTIONAL DRILLED SHAFT REINFORCING 217-220 PCP - PRESTRESSED CONCRETE PANELS 221-222 PMDF - PERMANENT METAL DECK FORMS 223-224 TYPE T411 - TRAFFIC RAIL TEXAS CLASSIC 225-226 SEJ-A SEALED EXPANSION JOINT TYPE A 227-228 BMCS - BRIDGE MOUNTED CLEAR SIGN ASSEMBLY 229 CSAB - CEMENT STABILIZED ABUTMENT BACKFILL 230 BS-EJCP - BRIDGE SIDEWALK EXPANSION PLATE 231 BAT-CTFB-08 (FW) ABUT TREAT CMT-TREAT FLEX


END OF SECTION

PAVEMENT MARKING AND SIGNING 232-242 PAVEMENT MARKING AND SIGNING LAYOUT 243-245 SMALL SIGN SUMMARY 246 LARGE SIGN SUMMARY 247-248 LARGE SIGN DETAILS TXDOT PVMT MARKING / SIGNING STD. DETAILS 249-253 TSR (1)-08 THRU TSR (5)-08 254 PM (1)-12 255 PM (2)-12 256 PM (3)-12 257 PM (4)-12 258 FPM (1)-12 259 FPM (2)-12A 260 SMD (GEN)-08 261-263 SMD (SLIP-1 TO 3)-08 264 D&OM(1)-10 DELINEATORS & OBJECT MARKERS 265 D&OM(2)-04 DELINEATORS & OBJECT MARKERS 266 D&OM(5)-04 DELINEATORS & OBJECT MARKERS 267 D&OM(VIA)-04 DELINEATORS & OBJECT MARKERS 268 SMD(2-1)-08 - SIGN MOUNTING DETAILS 269 SMD(2-2)-08 - SIGN MOUNTING DETAILS 270 SMD(2-3)-08 - SIGN MOUNTING DETAILS 271 SMD(2-4)-08 - SIGN MOUNTING DETAILS 272 SMD(TYG)-08 - SIGN MOUNTING DETAILS ENVIRONMENTAL 273 STORMWATER POLLUTION PREVENTION PLAN (SW3P) 274 ENVIRONMENTAL PERMITS, ISSUES AND COM. 275-281 EROSION CONTROL LAYOUT ENVIRONMENTAL TXDOT STANDARDS 282 EC (1)-09 283 EC (2)-93

NOTICE TO BIDDERS Invitation to Bid on construction for Parker County, Texas on: Project 3.01a IH-20 / Ric Williamson Memorial Highway Interchange The work is to include furnishing of all labor, materials, equipment, and performing all work necessary for the construction and other associated improvements detailed in the contract documents and specifications. Bids will be received until 3:00 P.M., Thursday, March 28, 2013 at which time and place the proposals will be publically opened and read aloud and retained by the County for tabulation, checking, and evaluation. Bids shall be submitted in ONE of the following ways.

1. HARD COPY: Submit sealed bids addressed to Mrs. Deena Nichols, Purchasing Agent, Parker County Texas, 1112 Santa Fe Drive Weatherford, TX 76086. Bids shall be submitted upon the blank form of proposal furnished. Sealed bids shall be marked “BID FOR PROJECT 3.01a IH-20/ Ric Williamson Memorial Interchange. DO NOT OPEN UNTIL 3:00 P.M., Thursday, March 28, 2013.

2. ELECTRONIC: Bids may be submitted electronically by visiting the website: www.parkercountytransportationbond.com. Click on the “Bid Documents and Schedules” Tab and then click on the hyperlink for “Contractors Only” associated with the project you want to view or bid on.

Plans and Contract Documents will be available beginning at 8:00 a.m. on March 4, 2013. Contract Documents, including Drawings and Technical Specifications may be obtained from the office of Freese & Nichols, Inc., 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895, Attention: Construction Services, for a non-refundable deposit of 150 dollars ($150.00) per set of plans and specifications. Submit check, cashier check or money order for payment. Cash will not be accepted. The plans and specifications can be viewed and downloaded without charge at www.parkercountytransportationbond.com (under the BID DOCUMENTS AND SCHEDULES tab) or the plans and specifications can be examined without charge in the Parker County Annex office of the Purchasing Agent. Direct questions regarding the distribution of contract documents can be directed to Freese and Nichols, Construction Services at (817) 735-7300. Questions related to the design of the project may be directed to Mr. Tim Sansone at (817) 735-7536. A certified check or bank draft, payable to Parker County, negotiable U.S. Government Bonds (at par value), or a satisfactory Bid Bond executed by the Bidder and payable to Parker County in an amount equal to at least five percent (5%) of the total amount of the proposal must accompany each Bid as a guaranty that if the proposal is accepted, the Bidder will execute the contract and furnish the required bonds in the amount of one hundred percent (100%) of the contract price. A non-mandatory prebid conference for the project will be held on at 3:00 pm on March 21, 2013 at the Parker County Courthouse Annex (Kitchen), 1112 Santa Fe Drive, Weatherford, TX 76086. No bids may be withdrawn within (60) days after date on which the bids are opened. In case of ambiguity or lack of clearness in stating proposal prices, the County reserves the right to adopt the proposal that provided for the most advantageous contract and pricing for the County. The contract will be awarded to the lowest responsible bidder; however, the County reserves the right to reject any and all bids. The low bidder shall be prepared to submit such evidence as the County may reasonably require to establish their experience, possession of such equipment, qualification of personnel, and financial responsibility necessary to complete the work on this project in an expeditious, safe, and satisfactory manner.

Parker County, Texas ------------------------------------------------------------------------------------------------------------------------------------------- Newspaper Advertise March 3, 2013 & March 10, 2013 Pre-Bid Conf. March 21, 2013 Bid Opening March 28, 2013

Instructions to Bidders 00 21 13 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 21 13 INSTRUCTIONS TO BIDDERS

1.00 GENERAL

1.01 BID DOCUMENTS

A. If conflicts are found between the Parker County specifications and the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2004, the TxDOT specifications will take precedence shall be followed in case of conflicts.

1.02 DEFINED TERMS

A. Terms used in these Instructions to Bidders have the meanings assigned to them in the General Conditions.

1.03 QUALIFICATIONS OF BIDDERS

A. Submit documentation required in Section 00 45 16 “Statement of Qualifications” within 5 days of the request of Owner to demonstrate that the Contractor is qualified by experience and capability to successfully construct the Project within the Contract Time and for the Contract Amount.

B. All contractors need to be pre-qualified by TxDOT standards in accordance with Special Provision 002-017.

C. Owner may conduct investigations as considered necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed subcontractors and other persons and organizations to do the Work in accordance with the Contract Documents, to Owner's satisfaction, and within the prescribed time. Owner may reject the Bid of any Bidder who does not meet any such evaluation to Owner's satisfaction.

1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Examine Contract Documents, make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents and consider these in preparation of a Bid for the Project.

1. Read the Contract Documents and related technical data and reports thoroughly. Use a complete set of Contract Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete Contract Documents.

2. Visit the Site to become familiar with general, local and Site conditions that may affect cost, progress or performance of the Work in any manner.

3. Become familiar with federal, state and local laws, ordinances, rules and regulations affecting cost, progress or performance of the Work.

B. Surveys and investigation reports of subsurface or latent physical conditions at the Site, or conditions or situations affecting the design of the Project used by the Engineer in preparing the Contract Documents are referenced in the Supplementary Conditions.

1. These reports are available for information only and neither the Owner nor Engineer guarantees their accuracy or that any opinions expressed in the report are correct.


2. Make additional surveys and investigations as necessary to determine the bid price for performance of the Work in compliance with the terms of the Contract Documents before submitting a Bid.

3. Cost for these investigations is to be paid by the Bidders.

C. Acknowledge sole responsibility for Site safety, including trench excavation and confined space entry safety, by the submission of a Bid for this Project.

D. The submission of a Bid is incontrovertible representation by the Bidder that he has complied with every requirement of this Section.

1.05 INTERPRETATIONS

A. Submit all questions about the meaning or intent of the Contract Documents to the Engineer in writing. Replies are issued by Addenda to all parties recorded by Engineer as having received the Bidding Documents. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than 2 days prior to the date for opening of Bids may not be answered.

1.06 BID SECURITY

A. Submit a bid security in the amount of 5 percent of the amount of the maximum total bid as a guarantee that the Bidder will promptly enter into a Contract and execute a Performance, Payment, and Maintenance Bonds on the forms included in the Contract Documents if awarded the Contract.

B. Acceptable bid securities are:

1. Certified or cashier's check made payable to the Owner.

2. An approved Bidder's Bond underwritten by a surety named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

C. Bid securities will be returned to Bidders when the Contract award is made or Bids are rejected.

1.07 CONTRACT TIME

A. This Project is to be substantially complete and ready for operation, defined as all travel lanes are open for traffic, within 245 working days from the date of the Notice to Proceed. Final Completion of the Project shall be achieved within 20 working days of the Substantial Completion date. Liquidated damages are set forth in the Agreement.

1.08 BID FORM

A. Submit Bids on the Bid Forms provided with the Contract Documents for each Bid. Include supplemental data to be furnished in the same sealed envelope with Bid.


B. Bid forms must be completed in ink. The bid price of each item on the form must be stated in words and/or numerals. Words take precedence in case of a conflict. In the case of a conflict between the unit price indicated and the extended amount shown, the unit price indicated multiplied by the stated quantity shall govern.

C. Execute Bids by corporations in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown below the signature.

D. Execute Bids by partnerships in the partnership name. Forms are to be signed by a partner. Print the name below the signature. Write the title of the Partner and show the official address of the partnership shown below the signature.

E. Acknowledge receipt of all Addenda on the Bid Form by signing beside the Addenda number.

1.09 SUBMISSION OF BIDS

A. Submit Bids at the time and place indicated in the Invitation for Bids. Submit Bids in a sealed envelope, marked with the Project title and name and address of the Bidder. Include the Bid security and other required documents in the envelope.

1.10 MODIFICATION AND WITHDRAWAL OF BIDS

A. Modify or withdraw Bids by submitting an appropriate document executed in the manner that a Bid must be executed. Deliver the modification or withdrawal to the place where Bids are to be submitted at any time prior to the opening of Bids.

1.11 OPENING OF BIDS

A. Bids will be opened as indicated in the Invitation for Bids.

B. All Bids shall remain open for the period of time set forth in the Invitation for Bids, but Owner may, in his sole discretion, release any Bid and return the bid security prior to that date.

1.12 AWARD OF CONTRACT

A. Owner may reject Bids, waive formalities, or disregard nonconforming, conditional Bids or counter proposals.

B. Owner may consider the following in evaluating the Bids and awarding the Contract:

1. Contractor's qualifications and ability to demonstrate current capability to complete the Project in conformance with the requirements of the Contract Documents.

2. Compliance of the Bids with requirements of the Contract Documents.

3. Alternates and unit prices if requested in the Bid Forms.

4. The amount bid.

5. Proposed date of completion and the ability to meet intermediate Milestones that may have been established for the Project.


C. The Contract will be awarded to the Bidder whose evaluation by Owner indicates that the award will provide best value to the Owner if a contract is to be awarded.

D. Each Bidder agrees to waive any claim it has or may have against the Owner, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

1.13 EXECUTION OF CONTRACT

A. The Successful Bidder must execute the formal Contract Agreement and required bonds on the forms prepared and submitted by the Owner within 15 days after the Notice of Award.

B. A Notice to Proceed authorizing the Contractor to commence Work will be issued after the Contract Documents have been executed.

1.14 WAGE RATES

A. Contractor must pay no less than the general prevailing rates for the Project location as determined in accordance with statutory requirements. The minimum rates for various labor classifications as established by the Owner are included in the Contract Documents.

1.15 BONDS

A. Performance and Payment are required for this Project and shall be provided in accordance with the General Conditions.

1.16 SALES TAXES

A. The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. Owner's purchasing department will issue exemption certificates. Comply with all statutes and rulings of the State Comptroller.

1.17 PRE-BID SOILS INVESTIGATION

A. In the event Bidders desire soils data using backhoe, drilling rig, or other equipment, the following procedure will be required:

1. Bidders desiring this information shall contact Tim Sansone, or Chris Bosco, at the Engineer’s office in Fort Worth, Texas, at 817-735-7536.

2. The soils investigation will be done only one time. The time and locations will be coordinated with the Owner.

3. The soils investigation will be entirely at the Bidder’s expense.


1.18 BID PROPOSAL

A. Bids are to be submitted for the following work zone, roadway, drainage, bridge, signing, striping, and erosion control bid items:

Bid Item Insert Brief Description of Materials Options Work Zone Constructing detours and installing/maintaining CTB for duration of project.

Roadway Approximately 46,000 SY 11” CRCP, 2000 SY 8” CRCP, and 13000 TONS of HMAC

Drainage Approximately 2,300 LF of various concrete box pipe culverts.

Bridge Approximately 15,000 SF of bridge deck

Signing Various highway signs

Striping Approximately 62,000 LF of various pavement markings Erosion Control 106,000 SY of 4” compost

END OF SECTION

Bid Form 00 42 23 - 1


00 42 23 BID FORM

ARTICLE 1: BID RECIPIENT

1.01 This Bid is submitted to:

Parker County

1112 Santa Fe Drive Weatherford, TX 76086

Attention: Mrs. Deena Nichols

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Documents to perform all Work as specified or indicated in the Contract Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

ARTICLE 2: BIDDER’S ACKNOWLEDGMENTS

2.01 Bidder accepts all of the terms and conditions of the Invitation for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

ARTICLE 3: BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Contract Documents, the other related data identified in the Contract Documents, and the following Addenda, receipt of all of which is hereby acknowledged.

Addendum No. Addendum Date Signature Acknowledging Receipt

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and the furnishing of Goods and Special Services.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except

Bid Form 00 42 23 - 2


Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06.

E. Bidder has obtained and carefully studied all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions including surface, subsurface and Underground Facilities at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents to be employed by Bidder, and safety precautions and programs incident thereto or accepts the consequences for not doing so.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices Bid and within the times and in accordance with the other terms and conditions of the Contract Documents.

G. Bidder is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

L. Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

ARTICLE 4: BASIS OF BID

4.01 Bidder will complete the Work in accordance with the Contract Documents for the prices shown in the attached Section 00 42 23.01 “Bid Form Exhibit A.”

4.02 Extended amounts have been computed in accordance with Paragraph 11.03 of the General Conditions

Bid Form 00 42 23 - 3


4.03 Bidder acknowledges that the estimated quantities are not guaranteed, and final payment for all Unit Price Bid items will be based on actual quantities provided, measured as provided in the Contract Documents.

4.04 Unit Price and figures column will be used to compute the actual bid price.

ARTICLE 5: TIME OF COMPLETION

5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

ARTICLE 6: ATTACHMENTS TO THIS BID

6.01 The following documents are attached to and made a condition of this Bid:

A. Section 00 42 23.01 “Bid Form Exhibit A.”

B. Required Bid Security.

C. Section 00 42 23.04 “Conflict of Interest Questionnaire Form CIQ.”

ARTICLE 7: DEFINED TERMS

7.01 The terms used in this Bid have the meanings indicated in the General Conditions and the Supplementary Conditions. The significance of terms with initial capital letters is described in the General Conditions.

ARTICLE 8: STATEMENT OF MATERIALS AND OTHER CHARGES

8.01 Provide the following information with this Bid:

Statement of Materials and Other Charges

Materials Incorporated into the Project $

All Other Charges $

Total Contract Amount $

ARTICLE 9: VENUE

9.01 Bidder agrees that venue shall lie exclusively in Parker County, Texas for any legal action.

ARTICLE 10: BID SUBMITTAL

10.01 This Bid submitted by:

Bid Form 00 42 23 - 4


If Bidder is an Individual:

Name:

(typed or printed)

By:

(Individual’s Signature)

Doing Business as:

Business Address:

Phone: Facsimile: E-mail

Bid submitted on the following date:

A Partnership

Partnership Name:

(typed or printed)

Name of General Partner:

(typed or printed)

By:

(Signature of general partner -- attach evidence of authority to sign)

Doing Business as:

Business Address:



Bid Form 00 42 23 - 5


A Corporation

Corporation Name:

(typed or printed)

State of Incorporation:

Type:

(General Business, Professional, Service, Limited Liability)

Date of Qualification to do business in Texas is

By:

(Signature -- attach evidence of authority to sign)

Name:

(typed or printed)

Title:

Attest:

(Signature of Corporate Secretary)

Business Address:



Bid Form 00 42 23 - 6


Joint Venture

Joint Venturer Name:

(typed or printed)

By:

(Signature of joint venture partner -- attach evidence of authority to sign)

Name:

(typed or printed)

Title:

Business Address:



Joint Venturer Name:

(typed or printed)

By:

(Signature of joint venture partner -- attach evidence of authority to sign)

Name:

(typed or printed)

Title:

Business Address:



Contact for receipt of official communications

Name:

(typed or printed)

Business Address:


END OF SECTION

00 42 23.01 "Bid Form Exhibit A" Parker CountyIH-20 Interchange - PRK09184

Page 1 of 5

ITEM CODE DESCRIPTION UNIT QUANTITY BID PRICE TOTAL

500 2001 MOBILIZATION LS 1 -$

502 2001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 12 -$

340 2120 D-GR HMA(METH) TY-D SAC-B PG70-22 TON 11 -$

354 2045 PLANE ASPH CONC PAV (2") SY 3250 -$

508 2002 CONSTRUCTING DETOURS SY 2240 -$

512 2049 PORT CTB (DES SOURCE)(F-SHAPE)(TY 1) LF 7200 -$

512 2050 PORT CTB (MOVE)(F-SHAPE)(TY 1) LF 700 -$

512 2051 PORT CTB (STOCKPILE)(F-SHAPE)(TY 1) LF 7200 -$

545 2049 CRASH CUSH ATTEN (INSTL)(WORK ZONE) EA 4 -$

545 2050 CRASH CUSH ATTEN(MOV&RESET)(WORK ZONE) EA 2 -$

545 2051 CRASH CUSH ATTEN (REMOVE)(WORK ZONE) EA 4 -$

662 2064 WK ZN PAV MRK REMOV (W) 4" (BRK) LF 3530 -$

662 2067 WK ZN PAV MRK REMOV (W) 4" (SLD) LF 14120 -$

662 2099 WK ZN PAV MRK REMOV (Y) 4" (SLD) LF 14120 -$

677 2001 ELIM EXT PAV MRK & MRKS ( 4") LF 31770 -$

6834 2002 PORTABLE CHANGEABLE MESSAGE SIGN EA 2 -$

-$


104 2028 REMOVING CONC (MISC) SY 1640 -$

105 2008 REMOVING STAB BASE AND ASPH PAV (6") SY 20130 -$

105 2019 REMOVING STAB BASE & ASPH PAV(14") SY 1 -$

496 2005 REMOV STR (WINGWALL) EA 2 -$

496 2006 REMOV STR (HEADWALL) EA 4 -$

496 2010 REMOV STR (BRIDGE 100-499 FT LENGTH) EA 1 -$

542 2001 REMOVING METAL BEAM GUARD FENCE LF 2800 -$

544 2003 GUARDRAIL END TREATMENT (REMOVE) EA 13 -$

644 2060 REMOVE SM RD SN SUP & AM EA 6 -$

647 2003 REMOVE LRSA EA 1 -$

-$

IH-20 Interchange at Ric Williamson Memorial HighwayBid Tab

Last Updated: 10/22/2012

WORKZONE

WORKZONE SUBTOTAL

REMOVAL

REMOVAL SUBTOTAL


Page 2 of 5


100 2002 PREPARING ROW STA 73 -$

110 2001 EXCAVATION (ROADWAY) CY 34802 -$

132 2004 EMBANKMENT (FINAL)(DENS CONT)(TY B) CY 93483 -$

132 2008 EMBANKMENT (FINAL)(DENS CONT)(TY D) CY 34802 -$

247 2044 FL BS (CMP IN PLC)(TY A GR 4)(FNAL POS) CY 860 -$

260 2012 LIME(HYD,COM OR QK)(SLRY)OR QK(DRY) TON 1122 -$

260 2027 LIME TRT (EXST MATL)(8") SY 56050 -$

260 2006 LIME TRT (EXST MATL) (6") SY 5890 -$

310 2020 PRIME COAT (SS-1) GAL 2070 -$

340 2106 D-GR HMA(METH) TY-D PG64-22 TON 11780 -$

340 2120 D-GR HMA(METH) TY-D SAC-B PG70-22 TON 6618 -$

360 2001 CONC PVMT (CONT REINF-CRCP)(8") SY 2000 -$

360 2003 CONC PVMT (CONT REINF-CRCP)(10") SY 47430 -$

360 2057 CURB (TY II-B (MONO)) LF 8555 -$

432 2039 RIPRAP (MOW STRIP)(4 IN) CY 67 -$

530 2010 DRIVEWAYS (CONC) SY 770 -$

531 2006 CURB RAMPS (TY 2) EA 2 -$

533 2006 SHOULDER TEXTURING (MILLED)(ASPHALT) LF 14600 -$

538 2001 RIGHT OF WAY MARKERS EA 15 -$

540 2001 MTL W-BEAM GD FEN (TIM POST) LF 4100 -$

540 2002 MTL W-BEAM GD FEN (STEEL POST) LF 100 -$

540 2011 MTL BEAM GD FEN TRANS (THRIE-BEAM) EA 5 -$

540 2044 DOWNSTREAM ANCHOR TERMINAL(DAT)SECTION EA 7 -$

544 2006 GDRAIL END TRT(INST)(WOOD POST)(TY III) EA 10 -$

5367 2001 CABLE BARRIER SYSTEM (TL-3) LF 400 -$

-$

ROADWAY

ROADWAY SUBTOTAL


Page 3 of 5


423 2007 RETAINING WALL (SPREAD FOOTING) SF 480.00 -$

-$


402 2001 TRENCH EXCAVATION PROTECTION LF 1167 -$

432 2019 RIPRAP (STONE PROTECTION)(12 IN) CY 12.5 -$

432 2028 BEDDING MATERIAL (6 IN) CY 4.5 -$

432 2035 RIPRAP (CONC)(6 IN) CY 11.5 -$

432 2084 RIPRAP (CONC) (CL B) (4") CY 1049.75 -$

462 2003 CONC BOX CULV (4 FT X 2 FT) LF 135 -$



464 2005 RC PIPE (CL III)(24 IN) LF 2015 -$

465 2003 INLET (COMPL)(TY H) EA 5 -$

465 2033 INLET (COMPL)(CURB)(TY 1)(10' X 4') EA 1 -$



465 2295 INLET (COMPL)(3)(OB)-02 FW(10') EA 2 -$

465 2443 INLET(COMPL)CI(4)(OB)-02(FW)(15') EA 2 -$

465 2607 INLET (COMPL)CI(3)(OB)-02(FW)(20') EA 1 -$

466 2019 WINGWALL (FW-0)(HW=3 FT) EA 1 -$



466 2033 WINGWALL (FW-S)(HW=3 FT) EA 1 -$

466 2065 HEADWALL (CH-FW-0)(DIA= 24 IN) EA 2 -$

466 2140 HEADWALL (CH-PW-S)(DIA= 24 IN) EA 2 -$

467 2211 SET (TY II)(24 IN)(RCP)(3:1)(C) EA 1 -$

467 2224 SET (TY II)(24 IN)(RCP)(4:1)(C) EA 4 -$

467 2288 SET (TY II)(24 IN)(RCP)(6:1)(P) EA 5 -$

-$


400 2005 CEM STABIL BKFL CY 360 -$

416 2004 DRILL SHAFT (36 IN) LF 1140 -$

420 2041 CL C CONC (ABUT)(HPC) CY 84.5 -$

420 2042 CL C CONC (BENT)(HPC) CY 55.1 -$

420 2256 CL S CONC(APPR SLAB)(HPC) CY 105 -$

422 2003 REINF CONC SLAB (HPC)(CL S) SF 15120 -$

425 2068 PRESTR CONC GIRDER (TX54) LF 2152 -$

428 2002 CONC SURF TREAT (CLASS II) SY 1926 -$

442 2047 STRUCTURAL STEEL (MISCELLANEOUS BRIDGE) BMCS LB 418 -$

442 2047 STRUCTURAL STEEL (MISCELLANEOUS BRIDGE) BS-EJCPLB 196 -$

450 2214 RAIL (TY T411)(HPC) LF 520 -$

454 2001 SEALED EXPANSION JOINT (4 IN)(SEJ-A) LF 126 -$

-$

BRIDGE

BRIDGE SUBTOTAL

DRAINAGE

DRAINAGE SUBTOTAL

RETAINING WALL

RETAINING WALL SUBTOTAL


Page 4 of 5


416 2018 DRILL SHAFT (SIGN MTS)(24 IN) LF 80 -$

636 2001 ALUMINUM SIGNS (TY A) SF 565.25 -$

636 2002 ALUMINUM SIGNS (TY G) SF 1816.75 -$

644 2001 IN SM RD SN SUP&AM TY10BWG(1)SA(P) EA 28 -$

644 2004 IN SM RD SN SUP&AM TY10BWG(1)SA(T) EA 4 -$

644 2022 IN SM RD SN SUP&AM TYS80(1)SA(P) EA 3 -$

644 2023 IN SM RD SN SUP&AM TYS80(1)SA(P-BM) EA 2 -$

644 2025 IN SM RD SN SUP&AM TYS80(1)SA(T) EA 1 -$

644 2027 IN SM RD SN SUP&AM TYS80(1)SA(U) EA 4 -$

644 2030 IN SM RD SN SUP&AM TYS80(1)SA(U-BM) EA 2 -$

644 2058 RELOCATE SM RD SN SUP & AM TY S80 EA 3 -$

658 2238 INSTL DEL ASSM (D-SW)SZ 1(FLX)SRF(BI) EA 50 -$

658 2240 INSTL DEL ASSM (D-SW)SZ 1(FLX)GF2 EA 5 -$

658 2255 INSTL DEL ASSM (D-SW)SZ 2(WC) GND EA 104 -$

658 2263 INSTL DEL ASSM (D-SY)SZ 1(FLX)GND EA 64 -$

658 2295 INSTL DEL ASSM (D-DW)SZ 1(FLX)GF2 EA 19 -$

658 2300 INSTL DEL ASSM (D-DW)SZ 2(WC) GND EA 37 -$

-$


666 2003 REFL PAV MRK TY I (W) 4" (BRK)(100MIL) LF 4630 -$

666 2012 REFL PAV MRK TY I (W) 4" (SLD)(100MIL) LF 25340 -$

666 2036 REFL PAV MRK TY I (W) 8" (SLD)(100MIL) LF 6135 -$

666 2042 REFL PAV MRK TY I (W) 12"(SLD)(100MIL) LF 2055 -$

666 2048 REFL PAV MRK TY I (W) 24"(SLD)(100MIL) LF 210 -$

666 2054 REFL PAV MRK TY I (W) (ARROW) (100MIL) EA 8 -$

666 2066 REFL PAV MRK TY I(W)(BIKE WORD)(100MIL) EA 8 -$

666 2111 REFL PAV MRK TY I (Y) 4" (SLD)(100MIL) LF 24660 -$

666 2189 PAVEMENT SEALER 4" LF 29970 -$




666 2219 PAVEMENT SEALER (ARROW) EA 8 -$

666 2220 PAVEMENT SEALER (WORD) EA 8 -$

672 2015 REFL PAV MRKR TY II-A-A EA 95 -$

672 2017 REFL PAV MRKR TY II-C-R EA 574 -$

672 2020 TRAFFIC BUTTON TY I-C EA 30 -$

678 2001 PAV SURF PREP FOR MRK ( 4") LF 29970 -$

678 2003 PAV SURF PREP FOR MRK ( 8") LF 6135 -$

678 2004 PAV SURF PREP FOR MRK (12") LF 2055 -$

678 2006 PAV SURF PREP FOR MRK (24") LF 210 -$

678 2007 PAV SURF PREP FOR MRK (ARROW) EA 8 -$

678 2013 PAV SURF PREP FOR MRK (RPM) EA 699 -$

678 2018 PAV SURF PREP FOR MRK (WORD) EA 8 -$

-$

SIGNING

SIGNING SUBTOTAL

STRIPING

STRIPING SUBTOTAL

00 42 23.01 "Bid Form Exhibit A"

Parker County

IH-20 Interchange - PRK09184


161 2017 COMPOST MANUF TOPSOIL (BIP) (4") SY 106340 -$

164 2047 STRAW/HAY MLCH SEED(TEMP)(WARM) SY 53170 -$

164 2049 STRAW/HAY MLCH SEED(TEMP)(COOL) SY 53170 -$

168 2001 VEGETATIVE WATERING MG 3725 -$

506 2003 ROCK FILTER DAMS (INSTALL) (TY 3) LF 130 -$

506 2009 ROCK FILTER DAMS (REMOVE) LF 130 -$

5049 2002 BIOGRD EROSN CONT LOGS (18" DIA)INSTALL LF 6460 -$

5049 2003 BIOGRD EROSN CONT LOGS (12" DIA)INSTALL LF 2030 -$

-$

-$

-$

-$

-$

-$

-$

-$

-$

-$

STRIPING SUBTOTAL

IH-20 PROJECT GRAND TOTAL

EROSION CONTROL SUBTOTAL

EROSION CONTROL

EROSION CONTROL SUBTOTAL

BRIDGE SUBTOTAL

DRAINAGE SUBTOTAL

ROADWAY SUBTOTAL

WORKZONE SUBTOTAL

RETAINING WALL SUBTOTAL

SIGNING SUBTOTAL

Page 5 of 5

Adopted 06/29/2007

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Codeby a person who has a business relationship as defined by Section 176.001(1-a) with a localgovernmental entity and the person meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmentalentity not later than the 7th business day after the date the person becomes aware of factsthat require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, LocalGovernment Code. An offense under this section is a Class C misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIREFor vendor or other person doing business with local governmental entity

Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

Name of person who has a business relationship with local governmental entity.1

2

3

Date Received

Name of local government officer with whom filer has employment or business relationship.

Name of Officer

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has anemployment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additionalpages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investmentincome, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at thedirection of the local government officer named in this section AND the taxable income is not received from the localgovernmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the localgovernment officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

Signature of person doing business with the governmental entity Date

4

Coy

Typewritten Text

00 42 23.04 Conflict of Interest Questionnaire - Form CIQ

Wage Rates 00 43 43 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 43 43 WAGE RATES

1.00 GENERAL

1.01 Contractor must pay no less than the general prevailing rates for the project location as determined in accordance with statutory requirements (Texas Government Code 2258). The minimum rates for various labor classifications as established by the Owner are as shown beginning on the next page.

END OF SECTION

TEXAS COUNTIES IDENTIFIED BY

WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 40, 41, 54, 56, 63

County Name Zone County Name Zone County Name Zone County Name Zone

Anderson 38 Donley 54 Karnes 37 Reagan 54Andrews 54 Duval 41 Kaufman 35 Real 54Angelina 38 Eastland 54 Kendall 16 Red River 38Aransas 40 Ector 7 Kenedy 41 Reeves 18Archer 35 Edwards 18 Kent 54 Refugio 37Armstrong 7 El Paso 34 Kerr 37 Roberts 54Atascosa 16 Ellis 35 Kimble 54 Robertson 16Austin 56 Erath 38 King 54 Rockwall 35Bailey 54 Falls 38 Kinney 18 Runnels 54Bandera 16 Fannin 38 Kleberg 37 Rusk 11Bastrop 16 Fayette 37 Knox 54 Sabine 38Baylor 54 Fisher 54 Lamar 38 San Augustine 38Bee 37 Floyd 54 Lamb 54 San Jacinto 56Bell 16 Foard 54 Lampasas 16 San Patricio 40Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54Blanco 37 Franklin 38 Lavaca 37 Schleicher 54Borden 54 Freestone 38 Lee 37 Scurry 54Bosque 38 Frio 37 Leon 38 Shackelford 54Bowie 11 Gaines 54 Liberty 56 Shelby 38Brazoria 56 Galveston 56 Limestone 38 Sherman 54Brazos 16 Garza 54 Lipscomb 54 Smith 11Brewster 18 Gillespie 37 Live Oak 37 Somervell 38Briscoe 54 Glasscock 54 Llano 37 Starr 41Brooks 41 Goliad 40 Loving 54 Stephens 54Brown 54 Gonzales 37 Lubbock 7 Sterling 54Burleson 16 Gray 54 Lynn 54 Stonewall 54Burnet 37 Grayson 35 Madison 38 Sutton 18Caldwell 16 Gregg 11 Marion 38 Swisher 54Calhoun 40 Grimes 38 Martin 54 Tarrant 35Callahan 35 Guadalupe 16 Mason 37 Taylor 7Cameron 8 Hale 54 Matagorda 37 Terrell 18Camp 38 Hall 54 Maverick 41 Terry 54Carson 7 Hamilton 38 McCulloch 54 Throckmorton 54Cass 38 Hansford 54 McLennan 16 Titus 38Castro 54 Hardeman 54 McMullen 41 Tom Green 7Chambers 56 Hardin 56 Medina 16 Travis 16Cherokee 38 Harris 56 Menard 54 Trinity 38Childress 54 Harrison 63 Midland 7 Tyler 38Clay 35 Hartley 54 Milam 38 Upshur 11Cochran 54 Haskell 54 Mills 54 Upton 54Coke 54 Hays 16 Mitchell 54 Uvalde 41Coleman 54 Hemphill 54 Montague 54 Val Verde 18Collin 35 Henderson 38 Montgomery 56 Van Zandt 38Collingsworth 54 Hidalgo 8 Moore 54 Victoria 14Colorado 37 Hill 38 Morris 38 Walker 38Comal 16 Hockley 54 Motley 54 Waller 56Comanche 54 Hood 38 Nacogdoches 38 Ward 54Concho 54 Hopkins 38 Navarro 38 Washington 38Cooke 54 Houston 38 Newton 38 Webb 8Coryell 16 Howard 54 Nolan 54 Wharton 37Cottle 54 Hudspeth 18 Nueces 40 Wheeler 54Crane 54 Hunt 35 Ochiltree 54 Wichita 12Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54Crosby 7 Irion 7 Orange 56 Willacy 41Culberson 18 Jack 38 Palo Pinto 38 Williamson 16Dallam 54 Jackson 37 Panola 38 Wilson 16Dallas 35 Jasper 38 Parker 35 Winkler 54Dawson 54 Jeff Davis 18 Parmer 54 Wise 35Deaf Smith 54 Jefferson 56 Pecos 18 Wood 38Delta 35 Jim Hogg 41 Polk 38 Yoakum 54Denton 35 Jim Wells 37 Potter 7 Young 54DeWitt 37 Johnson 35 Presidio 18 Zapata 41Dickens 54 Jones 35 Rains 38 Zavala 41Dimmit 41 Randall 7

Revised 1-4-13

CLASS. # CLASSIFICATION DESCRIPTION

ZONE

TX07

1/4/13

ZONE

TX08

1/4/13

ZONE

TX11

1/4/13

ZONE

TX12

1/4/13

ZONE

TX14

1/4/13

ZONE

TX16

1/4/13

ZONE

TX18

1/4/13

ZONE

TX34

1/4/13

ZONE

TX35

1/4/13

ZONE

TX37

1/4/13

ZONE

TX38

1/4/13

ZONE

TX40

1/4/13

ZONE

TX41

1/4/13

ZONE

TX54

1/4/13

ZONE

TX56

1/4/13

ZONE

TX63

1/4/13

1428 Agricultural Tractor Operator $12.69 $12.35 $11.75

1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.40

1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.99

1106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12.36

1112 Batching Plant Operator, Asphalt

1115 Batching Plant Operator, Concrete

1214 Blaster

1615 Boom Truck Operator $18.36

1444 Boring Machine Operator

1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.04 $11.62 $11.74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.05

1144 Communications Cable Installer

1124 Concrete Finisher, Paving and Structures $13.55 $12.46 $13.16 $12.85 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.80 $12.79 $12.98 $13.32

1318 Concrete Pavement Finishing Machine Operator $15.48 $16.05 $19.31 $13.07

1315 Concrete Paving, Curing, Float, Texturing Machine Operator $16.34 $11.71

1333 Concrete Saw Operator $14.48 $17.33 $13.99

1399 Concrete/Gunite Pump Operator

1344 Crane Operator, Hydraulic 80 tons or less $18.36 $18.12 $18.04 $20.21 $18.63 $13.86

1345 Crane Operator, Hydraulic Over 80 Tons

1342 Crane Operator, Lattice Boom 80 Tons or Less $16.82 $14.39 $13.85 $15.87 $17.27 $14.67 $16.42 $14.97

1343 Crane Operator, Lattice Boom Over 80 Tons $19.38 $20.52 $17.49 $25.13 $15.80

1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50

1351 Crusher or Screen Plant Operator

1446 Directional Drilling Locator $11.67

1445 Directional Drilling Operator $17.24

1139 Electrician $20.96 $19.87 $26.35 $20.27 $19.80 $20.92 $27.11

1347 Excavator Operator, 50,000 pounds or less $13.46 $12.56 $13.67 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.42

1348 Excavator Operator, Over 50,000 pounds $15.23 $13.52 $17.71 $16.99 $18.80 $16.22 $14.53

1150 Flagger $9.30 $9.10 $8.50 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 $9.08 $9.90 $10.33 $8.10

1151 Form Builder/Setter, Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 $13.61 $12.82 $14.73 $12.23 $12.25

1160 Form Setter, Paving & Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34

1360 Foundation Drill Operator, Crawler Mounted $17.99 $17.43

1363 Foundation Drill Operator, Truck Mounted $16.86 $22.05 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89

1369 Front End Loader Operator, 3 CY or Less $12.28 $13.49 $13.40 $13.04 $13.15 $13.29 $13.69 $12.64 $12.89 $13.51 $13.32 $12.17

1372 Front End Loader Operator, Over 3 CY $12.77 $13.69 $12.33 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 $13.19 $13.17

1329 Joint Sealer

1172 Laborer, Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.15

1175 Laborer, Utility $11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.37

1346 Loader/Backhoe Operator $14.18 $12.77 $12.97 $15.68 $14.12 $15.18 $13.58 $12.87 $13.21 $14.13 $14.29

The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable wage rate zone, a list entitled "TEXAS

COUNTIES IDENTIFIED BY WAGE RATE ZONES" is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE

PROJECTS; only the controlling wage rate zone applies to the contract. Effective 1-4-2013

CLASS. # CLASSIFICATION DESCRIPTION

ZONE

TX07

1/4/13

ZONE

TX08

1/4/13

ZONE

TX11

1/4/13

ZONE

TX12

1/4/13

ZONE

TX14

1/4/13

ZONE

TX16

1/4/13

ZONE

TX18

1/4/13

ZONE

TX34

1/4/13

ZONE

TX35

1/4/13

ZONE

TX37

1/4/13

ZONE

TX38

1/4/13

ZONE

TX40

1/4/13

ZONE

TX41

1/4/13

ZONE

TX54

1/4/13

ZONE

TX56

1/4/13

ZONE

TX63

1/4/13

1187 Mechanic $20.14 $15.47 $17.47 $17.10 $17.68 $18.94 $18.58 $16.61 $18.46 $16.96

1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53

1390 Motor Grader Operator, Fine Grade $17.49 $16.52 $16.88 $18.51 $16.69 $16.13 $17.19 $18.35 $17.07 $17.74 $17.47 $17.08 $15.69 $20.01

1393 Motor Grader Operator, Rough $16.15 $14.62 $15.83 $17.07 $14.63 $18.50 $16.02 $16.44 $15.12 $14.47 $17.39 $14.23 $15.53

1413 Off Road Hauler $10.08 $11.88 $12.25 $12.23 $13.00 $14.60

1196 Painter, Structures $18.34 $21.29 $18.62

1396 Pavement Marking Machine Operator $16.42 $13.10 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18

1443 Percussion or Rotary Drill Operator

1202 Piledriver $14.95

1205 Pipelayer $11.87 $14.64 $12.79 $11.37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12

1384 Reclaimer/Pulverizer Operator $12.85 $12.88 $11.01 $10.46

1500 Reinforcing Steel Worker $13.50 $14.07 $17.53 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15

1402 Roller Operator, Asphalt $10.95 $11.96 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50

1405 Roller Operator, Other $10.36 $10.44 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 $12.85 $11.57

1411 Scraper Operator $10.61 $11.07 $10.85 $12.27 $11.12 $12.96 $11.88 $12.43 $11.22 $13.95 $13.47

1417 Self-Propelled Hammer Operator

1194 Servicer $13.98 $12.34 $14.11 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97

1513 Sign Erector

1708 Slurry Seal or Micro-Surfacing Machine Operator

1341 Small Slipform Machine Operator $15.96

1515 Spreader Box Operator $12.60 $13.12 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 $13.58

1705 Structural Steel Welder $12.85

1509 Structural Steel Worker $19.29 $14.39

1339 Subgrade Trimmer

1143 Telecommunication Technician

1145 Traffic Signal/Light Pole Worker $16.00

1440 Trenching Machine Operator, Heavy $18.48

1437 Trenching Machine Operator, Light

1609 Truck Driver Lowboy-Float $14.46 $13.63 $13.41 $15.00 $15.93 $15.66 $16.24 $16.39 $14.30 $16.62 $15.63 $14.28 $16.03

1612 Truck Driver Transit-Mix $14.14

1600 Truck Driver, Single Axle $12.74 $10.82 $10.75 $11.79 $13.53 $13.16 $12.31 $13.40 $10.30 $11.61 $11.97 $11.46

1606 Truck Driver, Single or Tandem Axle Dump Truck $11.33 $14.53 $11.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.68 $11.48 $11.10

1607 Truck Driver, Tandem Axle Tractor with Semi Trailer $12.49 $12.12 $12.50 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27

1441 Tunneling Machine Operator, Heavy

1442 Tunneling Machine Operator, Light

1706 Welder $14.02 $15.97 $13.74 $14.84 $13.78

1520 Work Zone Barricade Servicer $10.30 $12.88 $11.46 $11.70 $11.85 $10.77 $11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67

Notes:

Any worker employed on this project shall be paid at the rate of one and one half (1-1/2) times the regular rate for every hour worked in excess of forty (40) hours per week.

The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas’ Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in

Texas . AGC will make it available on its Web site for any contractor.

Agreement 00 52 23 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 52 23 AGREEMENT

This Agreement is between Parker County (“Owner”) and (“Contractor”).

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1: WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

A. The construction of an interchange at Ric Williamson Memorial Highway (RWMH) and IH-20 consisting of grading, paving, bridge, drainage, pavement marking, and signing.

ARTICLE 2: THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Parker County IH-20 / Ric Williamson Memorial Hwy Interchange PRK09184

ARTICLE 3: ENGINEER

3.01 The Project has been designed by:

Freese and Nichols, Inc.

4055 International Plaza, Suite 200

Fort Worth, Texas 76109

Engineer, who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4: CONTRACT TIMES

4.01 Time of the Essence: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment:

A. This Project is to be substantially complete and ready for operation, defined as all travel lanes are open for traffic, within 245 working days from the date of the Notice to Proceed. Final Completion of the Project shall be achieved within 20 working days of the Substantial Completion date. Liquidated damages are set forth in the Agreement.


4.03 Liquidated Damages: Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph [4.02], plus any extensions of Contract Time allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1125 for each day that expires after the time specified in Paragraph [4.02] for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1125 for each day that expires after the time specified in Paragraph [4.02] for completion and readiness for final payment until the Work is completed and ready for final payment. In addition, liquidated damages are stipulated in Section 01 35 00 “Special Procedures” for failure to meet Milestone completions. The Owner will be the sole judge as to whether the Work has been completed within the allotted time. Assessment of liquidated damages by the Owner shall not constitute a waiver of the Owner’s right to sue and collect additional damages which Owner may sustain by the failure of the Contractor to perform in accordance with the terms of its Contract.

ARTICLE 5: CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents for the unit prices shown in the attached in Section 00 42 23.01 “Bid Form Exhibit A.” Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price bid items will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 6: PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage:

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 20th day of each month during performance of the Work. All such payments will be measured by the number of units of Work completed at the Unit Price as provided in the General Requirements.

B. Prior to Substantial Completion, progress payments will be made in an amount equal to 90 percent of the total amount earned for completed Work and properly stored materials on hand, with the balance being retainage.

6.03 Final Payment: Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer.

ARTICLE 7: INTEREST


7.01 No interest payments will be paid to the Contractor.

ARTICLE 8: CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bid Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site including Underground Facilities which have been identified in Paragraph SC-4.02 of the Supplementary Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph SC-4.06 of the Supplementary Conditions.

E. Contractor has obtained and carefully studied all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions including surface, subsurface, and Underground Facilities at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bid Documents, and safety precautions and programs incident thereto or assumes responsibility for doing so.

F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.


ARTICLE 9: CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. Specifications, forms and documents listed in Section 00 01 10 “Table of Contents” except as specifically excluded in Paragraph C.

2. Drawings as listed in the Section 00 01 15 “List of Drawings” and / or on the List of Drawings in the Drawings themselves.

3. Addenda (Numbers 00 91 13-1 to 00 91 13-pages 0 to 0, inclusive).

4. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages 00 42 23-1 to 00 42 23- 3, inclusive).

b. Documentation submitted by Contractor prior to Notice of Award (pages 0 to 0, inclusive).

B. The following are also Contract Documents which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

1. Notice to Proceed.

2. Written Amendment(s).

3. Change Order(s).

4. Field Order(s).

5. Work Change Directive(s).

6. Engineers Written Interpretation(s).

C. These documents are attached to this Agreement as reference but are not part of the Contract Documents:

1. Documents specifically listed in Supplementary Condition SC-4.02 and SC-4.06.

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 10: MISCELLANEOUS

10.01 Terms: Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract: No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.


10.03 Successors and Assigns: Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

10.04 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications: Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph [10.05]:

A. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution.

B. “Fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

C. “Collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

D. “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

10.06 Other Provisions:

A. See TxDOT Special Provisions

10.07 Venue: Venue shall lie exclusively in Parker County, Texas for any legal action.


IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf.

This Agreement will be effective on _____________

Owner: Contractor: (typed or printed) (typed or printed)

By: By: (Individual’s signature) (Individual’s signature)

Name: Name: (typed or printed) (typed or printed)

Title: Title: (typed or printed) (typed or printed

Attest: Attest: (Individual’s signature) (Individual’s signature)

Address for giving notice:

Designated representative: Designated representative:

Name: Name:

Title: Title:

Address: Address:

Phone: Phone:

Facsimile: Facsimile:

E-mail: E-mail: (If Contractor is a corporation or a partnership, attach

evidence of authority to sign.)

END OF SECTION

Performance Bond Form 00 61 13.13 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 61 13.13 PERFORMANCE BOND FORM

Contractor as Principal Surety Name: Name: Mailing address (principal place of business):

Mailing address (principal place of business):

Physical address(principal place of business): Owner

Name: Mailing address (principal place of business):

Surety is a corporation organized and existing

under the laws of the state of: _______________

By submitting this bond, Surety affirms their authority to do business in the State of Texas and their license to execute bonds in the State of Texas.

Contract Project name and location:

Telephone (main number): Telephone (for notice of claim):

Effective Date of the Agreement: Local Agent for Surety Contract Price: Name: Address: Bond Telephone: Date of Bond The address of the surety company to which any notice

of claim should be sent may be obtained from the Texas Department of Insurance by calling the following toll-free telephone number: 1-800-252-3439

(Date of Bond cannot be earlier than Effective Date of Agreement)

Bond Amount: Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in ______________ County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name and Title:

Name and Title:

(Attach Power of Attorney)

Performance Bond Form 00 61 13.13 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

END OF SECTION

Payment Bond Form 00 61 13.16 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 61 13.16 PAYMENT BOND FORM

Contractor as Principal Surety Name: Name: Mailing address (principal place of business):

Mailing address (principal place of business):

Physical address(principal place of business): Owner

Name: Mailing address (principal place of business):

Surety is a corporation organized and existing

under the laws of the state of: _______________


Contract Project name and location:

Telephone (main number): Telephone (for notice of claim):

Effective Date of the Agreement: Local Agent for Surety Contract Price: Name: Address: Bond Telephone: Date of Bond The address of the surety company to which any notice

of claim should be sent may be obtained from the Texas Department of Insurance by calling the following toll-free telephone number: 1-800-252-3439

(Date of Bond cannot be earlier than Effective Date of Agreement)

Bond Amount: Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in ______________ County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name and Title:

Name and Title:


Payment Bond Form 00 61 13.16 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

END OF SECTION

Performance Bond Form for Specified Goods and Special Services 00 61 20 - 1 Project # – Project Name Initials – MM/DD/YY Date

00 61 20 PERFORMANCE BOND FORM FOR SPECIFIED GOODS AND SPECIAL SERVICES

Seller as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business):

Buyer Physical address (principal place of business): Name:

Mailing address (principal place of business): Surety is a corporation organized and existing

under the laws of the state of: ______________ Contract


Name of Goods and Special Services: Telephone (main number):

Effective Date of the Agreement: Telephone (for notice of claim): Contract Price: Local Agent for Surety Bond Name: Date of Bond Address: (Date of Bond cannot be earlier than Effective Date of Agreement)

Bond Amount: Telephone: Surety and Seller, intending to be legally bound and obligated to Buyer do each cause this Performance Bond for Specified Equipment to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Goods and Special Services provided by Seller as Principal meet all performance and functional requirements of the Contract Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of the Contract Documents with regard to the performance and functional requirements of the Goods and Special Services for the period specified in the Contract Documents. All liabilities on this bond shall be determined in accordance with the provisions of said Contract Documents to the same extent as if they were copied at length herein. Venue shall lie exclusively in ______________ County, Texas for any legal action. Seller as Principal Surety Signature: Signature: Name and Title:

Name and Title:


Performance Bond Form for Specified Goods and Special Services 00 61 20 - 2 Project # – Project Name Initials – MM/DD/YY Date

END OF SECTION

Certificate of Insurance 00 62 16 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 62 16 CERTIFICATE OF INSURANCE

The Certificate of Insurance shall be provided to the Owner by the Successful Bidder prior to conforming of documents. Certificate will be included in the documents to be executed by the Owner and in the conformed construction Contract Documents.

END OF SECTION

EJCDC C-700 Standard General Conditions of the Construction ContractCopyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

STANDARD GENERAL CONDITIONSOF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS_______________________

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICEA Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

Copyright © 2007 National Society of Professional Engineers

EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

1420 King Street, Alexandria, VA 22314-2794(703) 684-2882www.nspe.org

American Council of Engineering Companies1015 15th Street N.W., Washington, DC 20005

(202) 347-7474www.acec.org

American Society of Civil Engineers1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723www.asce.org

Associated General Contractors of America2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118www.agc.org

The copyright for this EJCDC document is owned jointly by the fourEJCDC sponsoring organizations and held in trust for their benefit by NSPE.


00 72 00 i

STANDARD GENERAL CONDITIONS OF THECONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology..........................................................................................................11.01 Defined Terms...............................................................................................................................11.02 Terminology..................................................................................................................................5

Article 2 – Preliminary Matters.........................................................................................................................62.01 Delivery of Bonds and Evidence of Insurance.............................................................................62.02 Copies of Documents....................................................................................................................62.03 Commencement of Contract Times; Notice to Proceed ..............................................................62.04 Starting the Work..........................................................................................................................72.05 Before Starting Construction ........................................................................................................72.06 Preconstruction Conference; Designation of Authorized Representatives .................................72.07 Initial Acceptance of Schedules ...................................................................................................7

Article 3 – Contract Documents: Intent, Amending, Reuse............................................................................83.01 Intent..............................................................................................................................................83.02 Reference Standards .....................................................................................................................83.03 Reporting and Resolving Discrepancies ......................................................................................93.04 Amending and Supplementing Contract Documents ..................................................................93.05 Reuse of Documents ...................................................................................................................103.06 Electronic Data............................................................................................................................10

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous EnvironmentalConditions; Reference Points ..........................................................................................................10

4.01 Availability of Lands ..................................................................................................................104.02 Subsurface and Physical Conditions ..........................................................................................114.03 Differing Subsurface or Physical Conditions.............................................................................114.04 Underground Facilities ...............................................................................................................134.05 Reference Points .........................................................................................................................144.06 Hazardous Environmental Condition at Site..............................................................................14

Article 5 – Bonds and Insurance .....................................................................................................................165.01 Performance, Payment, and Other Bonds ..................................................................................165.02 Licensed Sureties and Insurers ...................................................................................................165.03 Certificates of Insurance .............................................................................................................165.04 Contractor’s Insurance................................................................................................................175.05 Owner’s Liability Insurance .......................................................................................................185.06 Property Insurance ......................................................................................................................185.07 Waiver of Rights .........................................................................................................................205.08 Receipt and Application of Insurance Proceeds ........................................................................215.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21


00 72 00 ii

5.10 Partial Utilization, Acknowledgment of Property Insurer.........................................................21

Article 6 – Contractor’s Responsibilities ........................................................................................................226.01 Supervision and Superintendence ..............................................................................................226.02 Labor; Working Hours................................................................................................................226.03 Services, Materials, and Equipment ...........................................................................................226.04 Progress Schedule .......................................................................................................................236.05 Substitutes and “Or-Equals”.......................................................................................................236.06 Concerning Subcontractors, Suppliers, and Others ...................................................................256.07 Patent Fees and Royalties ...........................................................................................................266.08 Permits.........................................................................................................................................276.09 Laws and Regulations.................................................................................................................276.10 Taxes ...........................................................................................................................................286.11 Use of Site and Other Areas .......................................................................................................286.12 Record Documents......................................................................................................................296.13 Safety and Protection ..................................................................................................................296.14 Safety Representative .................................................................................................................306.15 Hazard Communication Programs .............................................................................................306.16 Emergencies ................................................................................................................................306.17 Shop Drawings and Samples ......................................................................................................306.18 Continuing the Work ..................................................................................................................326.19 Contractor’s General Warranty and Guarantee..........................................................................326.20 Indemnification ...........................................................................................................................336.21 Delegation of Professional Design Services ..............................................................................34

Article 7 – Other Work at the Site...................................................................................................................347.01 Related Work at Site ...................................................................................................................347.02 Coordination................................................................................................................................357.03 Legal Relationships.....................................................................................................................35

Article 8 – Owner’s Responsibilities ..............................................................................................................368.01 Communications to Contractor...................................................................................................368.02 Replacement of Engineer............................................................................................................368.03 Furnish Data ................................................................................................................................368.04 Pay When Due ............................................................................................................................368.05 Lands and Easements; Reports and Tests ..................................................................................368.06 Insurance .....................................................................................................................................368.07 Change Orders.............................................................................................................................368.08 Inspections, Tests, and Approvals ..............................................................................................368.09 Limitations on Owner’s Responsibilities ...................................................................................368.10 Undisclosed Hazardous Environmental Condition....................................................................378.11 Evidence of Financial Arrangements .........................................................................................378.12 Compliance with Safety Program...............................................................................................37

Article 9 – Engineer’s Status During Construction ........................................................................................379.01 Owner’s Representative..............................................................................................................379.02 Visits to Site ................................................................................................................................379.03 Project Representative ................................................................................................................38


00 72 00 iii

9.04 Authorized Variations in Work ..................................................................................................389.05 Rejecting Defective Work ..........................................................................................................389.06 Shop Drawings, Change Orders and Payments .........................................................................389.07 Determinations for Unit Price Work ..........................................................................................389.08 Decisions on Requirements of Contract Documents and Acceptability of Work ....................399.09 Limitations on Engineer’s Authority and Responsibilities........................................................399.10 Compliance with Safety Program...............................................................................................40

Article 10 – Changes in the Work; Claims .....................................................................................................4010.01 Authorized Changes in the Work ...............................................................................................4010.02 Unauthorized Changes in the Work ...........................................................................................4010.03 Execution of Change Orders.......................................................................................................4010.04 Notification to Surety..................................................................................................................4110.05 Claims..........................................................................................................................................41

Article 11 – Cost of the Work; Allowances; Unit Price Work.......................................................................4211.01 Cost of the Work.........................................................................................................................4211.02 Allowances..................................................................................................................................4411.03 Unit Price Work ..........................................................................................................................45

Article 12 – Change of Contract Price; Change of Contract Times...............................................................4612.01 Change of Contract Price............................................................................................................4612.02 Change of Contract Times..........................................................................................................4712.03 Delays..........................................................................................................................................47

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................4813.01 Notice of Defects ........................................................................................................................4813.02 Access to Work ...........................................................................................................................4813.03 Tests and Inspections ..................................................................................................................4813.04 Uncovering Work........................................................................................................................4913.05 Owner May Stop the Work.........................................................................................................4913.06 Correction or Removal of Defective Work................................................................................5013.07 Correction Period ........................................................................................................................5013.08 Acceptance of Defective Work ..................................................................................................5113.09 Owner May Correct Defective Work .........................................................................................51

Article 14 – Payments to Contractor and Completion....................................................................................5214.01 Schedule of Values .....................................................................................................................5214.02 Progress Payments ......................................................................................................................5214.03 Contractor’s Warranty of Title ...................................................................................................5514.04 Substantial Completion...............................................................................................................5514.05 Partial Utilization ........................................................................................................................5614.06 Final Inspection...........................................................................................................................5614.07 Final Payment .............................................................................................................................5614.08 Final Completion Delayed..........................................................................................................5714.09 Waiver of Claims ........................................................................................................................58


00 72 00 iv

Article 15 – Suspension of Work and Termination ........................................................................................5815.01 Owner May Suspend Work ........................................................................................................5815.02 Owner May Terminate for Cause...............................................................................................5815.03 Owner May Terminate For Convenience...................................................................................5915.04 Contractor May Stop Work or Terminate ..................................................................................60

Article 16 – Dispute Resolution ......................................................................................................................6016.01 Methods and Procedures.............................................................................................................60

Article 17 – Miscellaneous..............................................................................................................................6117.01 Giving Notice..............................................................................................................................6117.02 Computation of Times ................................................................................................................6117.03 Cumulative Remedies .................................................................................................................6117.04 Survival of Obligations...............................................................................................................6117.05 Controlling Law ..........................................................................................................................6217.06 Headings......................................................................................................................................62


Page 1 of 62

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initialcapital letters, the terms listed below will have the meanings indicated which are applicable toboth the singular and plural thereof. In addition to terms specifically defined, terms with initialcapital letters in the Contract Documents include references to identified articles and paragraphs,and the titles of other documents or forms.

1. Addenda - Written or graphic instruments issued prior to the opening of Bids whichclarify, correct, or change the Bidding Requirements or the proposed ContractDocuments.

2. Agreement - The written instrument which is evidence of the agreement between Ownerand Contractor covering the Work.

3. Application for Payment - The form acceptable to Engineer which is to be used byContractor during the course of the Work in requesting progress or final payments andwhich is to be accompanied by such supporting documentation as is required by theContract Documents.

4. Asbestos - Any material that contains more than one percent asbestos and is friable or isreleasing asbestos fibers into the air above current action levels established by the UnitedStates Occupational Safety and Health Administration.

5. Bid - The offer or proposal of a Bidder submitted on the prescribed form setting forth theprices for the Work to be performed.

6. Bidder - The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents - The Bidding Requirements and the proposed Contract Documents(including all Addenda).

8. Bidding Requirements - The advertisement or invitation to bid, Instructions to Bidders,Bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order - A document recommended by Engineer which is signed by Contractorand Owner and authorizes an addition, deletion, or revision in the Work or an adjustmentin the Contract Price or the Contract Times, issued on or after the Effective Date of theAgreement.

10. Claim - A demand or assertion by Owner or Contractor seeking an adjustment ofContract Price or Contract Times, or both, or other relief with respect to the terms of theContract. A demand for money or services by a third party is not a Claim.

11. Contract - The entire and integrated written agreement between the Owner andContractor concerning the Work. The Contract supersedes prior negotiations,representations, or agreements, whether written or oral.


Page 2 of 62

12. Contract Documents - Those items so designated in the Agreement. Only printed or hardcopies of the items listed in the Agreement are Contract Documents. Approved ShopDrawings, other Contractor submittals, and the reports and drawings of subsurface andphysical conditions are not Contract Documents.

13. Contract Price - The moneys payable by Owner to Contractor for completion of theWork in accordance with the Contract Documents as stated in the Agreement (subject tothe provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times - The number of days or the dates stated in the Agreement to: (i) achieveMilestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work sothat it is ready for final payment as evidenced by Engineer’s written recommendation offinal payment.

15. Contractor - The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work - See Paragraph 11.01 for definition.

17. Drawings - That part of the Contract Documents prepared or approved by Engineerwhich graphically shows the scope, extent, and character of the Work to be performed byContractor. Shop Drawings and other Contractor submittals are not Drawings as sodefined.

18. Effective Date of the Agreement - The date indicated in the Agreement on which itbecomes effective, but if no such date is indicated, it means the date on which theAgreement is signed and delivered by the last of the two parties to sign and deliver.

19. Engineer - The individual or entity named as such in the Agreement.

20. Field Order - A written order issued by Engineer which requires minor changes in theWork but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements - Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition - The presence at the Site of Asbestos, PCBs,Petroleum, Hazardous Waste, or Radioactive Material in such quantities orcircumstances that may present a substantial danger to persons or property exposedthereto.

23. Hazardous Waste - The term Hazardous Waste shall have the meaning provided inSection 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended fromtime to time.

24. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules,regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,authorities, and courts having jurisdiction.


Page 3 of 62

25. Liens - Charges, security interests, or encumbrances upon Project funds, real property, orpersonal property.

26. Milestone - A principal event specified in the Contract Documents relating to anintermediate completion date or time prior to Substantial Completion of all the Work.

27. Notice of Award - The written notice by Owner to the Successful Bidder stating thatupon timely compliance by the Successful Bidder with the conditions precedent listedtherein, Owner will sign and deliver the Agreement.

28. Notice to Proceed - A written notice given by Owner to Contractor fixing the date onwhich the Contract Times will commence to run and on which Contractor shall start toperform the Work under the Contract Documents.

29. Owner - The individual or entity with whom Contractor has entered into the Agreementand for whom the Work is to be performed.

30. PCBs - Polychlorinated biphenyls.

31. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid atstandard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 poundsper square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline,kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule - A schedule, prepared and maintained by Contractor, describing thesequence and duration of the activities comprising the Contractor’s plan to accomplishthe Work within the Contract Times.

33. Project - The total construction of which the Work to be performed under the ContractDocuments may be the whole, or a part.

34. Project Manual - The bound documentary information prepared for bidding andconstructing the Work. A listing of the contents of the Project Manual, which may bebound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material - Source, special nuclear, or byproduct material as defined by theAtomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time totime.

36. Resident Project Representative - The authorized representative of Engineer who may beassigned to the Site or any part thereof.

37. Samples - Physical examples of materials, equipment, or workmanship that arerepresentative of some portion of the Work and which establish the standards by whichsuch portion of the Work will be judged.

38. Schedule of Submittals - A schedule, prepared and maintained by Contractor, of requiredsubmittals and the time requirements to support scheduled performance of relatedconstruction activities.


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39. Schedule of Values - A schedule, prepared and maintained by Contractor, allocatingportions of the Contract Price to various portions of the Work and used as the basis forreviewing Contractor’s Applications for Payment.

40. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data orinformation which are specifically prepared or assembled by or for Contractor andsubmitted by Contractor to illustrate some portion of the Work.

41. Site - Lands or areas indicated in the Contract Documents as being furnished by Ownerupon which the Work is to be performed, including rights-of-way and easements foraccess thereto, and such other lands furnished by Owner which are designated for the useof Contractor.

42. Specifications - That part of the Contract Documents consisting of written requirementsfor materials, equipment, systems, standards and workmanship as applied to the Work,and certain administrative requirements and procedural matters applicable thereto.

43. Subcontractor - An individual or entity having a direct contract with Contractor or withany other Subcontractor for the performance of a part of the Work at the Site.

44. Substantial Completion - The time at which the Work (or a specified part thereof) hasprogressed to the point where, in the opinion of Engineer, the Work (or a specified partthereof) is sufficiently complete, in accordance with the Contract Documents, so that theWork (or a specified part thereof) can be utilized for the purposes for which it isintended. The terms “substantially complete” and “substantially completed” as applied toall or part of the Work refer to Substantial Completion thereof.

45. Successful Bidder - The Bidder submitting a responsive Bid to whom Owner makes anaward.

46. Supplementary Conditions - That part of the Contract Documents which amends orsupplements these General Conditions.

47. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or Supplierhaving a direct contract with Contractor or with any Subcontractor to furnish materials orequipment to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,manholes, vaults, tanks, tunnels, or other such facilities or attachments, and anyencasements containing such facilities, including those that convey electricity, gases,steam, liquid petroleum products, telephone or other communications, cable television,water, wastewater, storm water, other liquids or chemicals, or traffic or other controlsystems.

49. Unit Price Work - Work to be paid for on the basis of unit prices.

50. Work - The entire construction or the various separately identifiable parts thereofrequired to be provided under the Contract Documents. Work includes and is the resultof performing or providing all labor, services, and documentation necessary to produce


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such construction, and furnishing, installing, and incorporating all materials andequipment into such construction, all as required by the Contract Documents.

51. Work Change Directive - A written statement to Contractor issued on or after theEffective Date of the Agreement and signed by Owner and recommended by Engineerordering an addition, deletion, or revision in the Work, or responding to differing orunforeseen subsurface or physical conditions under which the Work is to be performedor to emergencies. A Work Change Directive will not change the Contract Price or theContract Times but is evidence that the parties expect that the change ordered ordocumented by a Work Change Directive will be incorporated in a subsequently issuedChange Order following negotiations by the parties as to its effect, if any, on the ContractPrice or Contract Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used inthe Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,”“as directed” or terms of like effect or import to authorize an exercise of professionaljudgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,”“proper,” “satisfactory,” or adjectives of like effect or import are used to describe anaction or determination of Engineer as to the Work. It is intended that such exercise ofprofessional judgment, action, or determination will be solely to evaluate, in general, theWork for compliance with the information in the Contract Documents and with thedesign concept of the Project as a functioning whole as shown or indicated in theContract Documents (unless there is a specific statement indicating otherwise). The useof any such term or adjective is not intended to and shall not be effective to assign toEngineer any duty or authority to supervise or direct the performance of the Work, or anyduty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the nextmidnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that isunsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, orapproval referred to in the Contract Documents; or


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c. has been damaged prior to Engineer’s recommendation of final payment (unlessresponsibility for the protection thereof has been assumed by Owner at SubstantialCompletion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment,shall mean to supply and deliver said services, materials, or equipment to the Site (orsome other specified location) ready for use or installation and in usable or operablecondition.

2. The word “install,” when used in connection with services, materials, or equipment, shallmean to put into use or place in final position said services, materials, or equipmentcomplete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, orequipment, shall mean to furnish and install said services, materials, or equipmentcomplete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection withservices, materials, or equipment in a context clearly requiring an obligation ofContractor, “provide” is implied.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-knowntechnical or construction industry or trade meaning are used in the Contract Documents inaccordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractorshall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall eachdeliver to the other, with copies to each additional insured identified in the SupplementaryConditions, certificates of insurance (and other evidence of insurance which either of them orany additional insured may reasonably request) which Contractor and Owner respectively arerequired to purchase and maintain in accordance with Article 5.

2.02 Copies of Documents

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and ProjectManual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of theAgreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. ANotice to Proceed may be given at any time within 30 days after the Effective Date of the


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Agreement. In no event will the Contract Times commence to run later than the sixtieth day afterthe day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whicheverdate is earlier.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence torun. No Work shall be done at the Site prior to the date on which the Contract Times commenceto run.

2.05 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unlessotherwise specified in the General Requirements), Contractor shall submit to Engineer for timelyreview:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) forstarting and completing the various stages of the Work, including any Milestonesspecified in the Contract Documents;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities andprices of items which when added together equal the Contract Price and subdivides theWork into component parts in sufficient detail to serve as the basis for progress paymentsduring performance of the Work. Such prices will include an appropriate amount ofoverhead and profit applicable to each item of Work.

2.06 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,and others as appropriate will be held to establish a working understanding among the parties asto the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures forhandling Shop Drawings and other submittals, processing Applications for Payment, andmaintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual toact as its authorized representative with respect to the services and responsibilities under theContract. Such individuals shall have the authority to transmit instructions, receive information,render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended byContractor, Engineer, and others as appropriate will be held to review for acceptability toEngineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.Contractor shall have an additional 10 days to make corrections and adjustments and to completeand resubmit the schedules. No progress payment shall be made to Contractor until acceptableschedules are submitted to Engineer.


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1. The Progress Schedule will be acceptable to Engineer if it provides an orderlyprogression of the Work to completion within the Contract Times. Such acceptance willnot impose on Engineer responsibility for the Progress Schedule, for sequencing,scheduling, or progress of the Work, nor interfere with or relieve Contractor fromContractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides aworkable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substanceif it provides a reasonable allocation of the Contract Price to component parts of theWork.

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if requiredby all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or partthereof) to be constructed in accordance with the Contract Documents. Any labor,documentation, services, materials, or equipment that reasonably may be inferred from theContract Documents or from prevailing custom or trade usage as being required to produce theindicated result will be provided whether or not specifically called for, at no additional cost toOwner.

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer asprovided in Article 9.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws, and Regulations

1. Reference to standards, specifications, manuals, or codes of any technical society,organization, or association, or to Laws or Regulations, whether such reference bespecific or by implication, shall mean the standard, specification, manual, code, or Lawsor Regulations in effect at the time of opening of Bids (or on the Effective Date of theAgreement if there were no Bids), except as may be otherwise specifically stated in theContract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of aSupplier, shall be effective to change the duties or responsibilities of Owner, Contractor,or Engineer, or any of their subcontractors, consultants, agents, or employees, from thoseset forth in the Contract Documents. No such provision or instruction shall be effective toassign to Owner, Engineer, or any of their officers, directors, members, partners,employees, agents, consultants, or subcontractors, any duty or authority to supervise ordirect the performance of the Work or any duty or authority to undertake responsibilityinconsistent with the provisions of the Contract Documents.


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3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

1. Contractor’s Review of Contract Documents before Starting Work: Before undertakingeach part of the Work, Contractor shall carefully study and compare the ContractDocuments and check and verify pertinent figures therein and all applicable fieldmeasurements. Contractor shall promptly report in writing to Engineer any conflict,error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of,and shall obtain a written interpretation or clarification from Engineer before proceedingwith any Work affected thereby.

2. Contractor’s Review of Contract Documents During Performance of Work: If, duringthe performance of the Work, Contractor discovers any conflict, error, ambiguity, ordiscrepancy within the Contract Documents, or between the Contract Documents and (a)any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c)any instruction of any Supplier, then Contractor shall promptly report it to Engineer inwriting. Contractor shall not proceed with the Work affected thereby (except in anemergency as required by Paragraph 6.16.A) until an amendment or supplement to theContract Documents has been issued by one of the methods indicated in Paragraph 3.04.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actualknowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisionsof the Contract Documents shall take precedence in resolving any conflict, error,ambiguity, or discrepancy between the provisions of the Contract Documents and:

a. the provisions of any standard, specification, manual, or code, or the instruction of anySupplier (whether or not specifically incorporated by reference in the ContractDocuments); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would resultin violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions inthe Work or to modify the terms and conditions thereof by either a Change Order or a WorkChange Directive.

B. The requirements of the Contract Documents may be supplemented, and minor variations anddeviations in the Work may be authorized, by one or more of the following ways:

1. A Field Order;


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2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions ofParagraph 6.17.D.3); or

3. Engineer’s written interpretation or clarification.

3.05 Reuse of Documents

A. Contractor and any Subcontractor or Supplier shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, orother documents (or copies of any thereof) prepared by or bearing the seal of Engineer orits consultants, including electronic media editions; or

2. reuse any such Drawings, Specifications, other documents, or copies thereof onextensions of the Project or any other project without written consent of Owner andEngineer and specific written verification or adaptation by Engineer.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of theContract. Nothing herein shall preclude Contractor from retaining copies of the ContractDocuments for record purposes.

3.06 Electronic Data

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner orEngineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon arelimited to the printed copies (also known as hard copies). Files in electronic media format oftext, data, graphics, or other types are furnished only for the convenience of the receiving party.Any conclusion or information obtained or derived from such electronic files will be at the user’ssole risk. If there is a discrepancy between the electronic files and the hard copies, the hardcopies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently orotherwise without authorization of the data’s creator, the party receiving electronic files agreesthat it will perform acceptance tests or procedures within 60 days, after which the receiving partyshall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes norepresentations as to long term compatibility, usability, or readability of documents resultingfrom the use of software application packages, operating systems, or computer hardwarediffering from those used by the data’s creator.

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictionsnot of general application but specifically related to use of the Site with which Contractor must


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comply in performing the Work. Owner will obtain in a timely manner and pay for easementsfor permanent structures or permanent changes in existing facilities. If Contractor and Owner areunable to agree on entitlement to or on the amount or extent, if any, of any adjustment in theContract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Siteor a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement ofrecord legal title and legal description of the lands upon which the Work is to be performed andOwner’s interest therein as necessary for giving notice of or filing a mechanic’s or constructionlien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required fortemporary construction facilities or storage of materials and equipment.

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at orcontiguous to the Site; and

2. those drawings known to Owner of physical conditions relating to existing surface orsubsurface structures at the Site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon theaccuracy of the “technical data” contained in such reports and drawings, but such reports anddrawings are not Contract Documents. Such “technical data” is identified in the SupplementaryConditions. Except for such reliance on such “technical data,” Contractor may not rely upon ormake any claim against Owner or Engineer, or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, butnot limited to, any aspects of the means, methods, techniques, sequences, and proceduresof construction to be employed by Contractor, and safety precautions and programsincident thereto; or

2. other data, interpretations, opinions, and information contained in such reports or shownor indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or anysuch other data, interpretations, opinions, or information.

4.03 Differing Subsurface or Physical Conditions

A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered orrevealed either:

1. is of such a nature as to establish that any “technical data” on which Contractor isentitled to rely as provided in Paragraph 4.02 is materially inaccurate; or


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2. is of such a nature as to require a change in the Contract Documents; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered andgenerally recognized as inherent in work of the character provided for in the ContractDocuments;

then Contractor shall, promptly after becoming aware thereof and before further disturbing thesubsurface or physical conditions or performing any Work in connection therewith (except in anemergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about suchcondition. Contractor shall not further disturb such condition or perform any Work in connectiontherewith (except as aforesaid) until receipt of written order to do so.

B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineerwill promptly review the pertinent condition, determine the necessity of Owner’s obtainingadditional exploration or tests with respect thereto, and advise Owner in writing (with a copy toContractor) of Engineer’s findings and conclusions.

C. Possible Price and Times Adjustments:

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to theextent that the existence of such differing subsurface or physical condition causes anincrease or decrease in Contractor’s cost of, or time required for, performance of theWork; subject, however, to the following:

a. such condition must meet any one or more of the categories described in Paragraph4.03.A; and

b. with respect to Work that is paid for on a unit price basis, any adjustment in ContractPrice will be subject to the provisions of Paragraphs 9.07 and 11.03.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Timesif:

a. Contractor knew of the existence of such conditions at the time Contractor made a finalcommitment to Owner with respect to Contract Price and Contract Times by thesubmission of a Bid or becoming bound under a negotiated contract; or

b. the existence of such condition could reasonably have been discovered or revealed as aresult of any examination, investigation, exploration, test, or study of the Site andcontiguous areas required by the Bidding Requirements or Contract Documents to beconducted by or for Contractor prior to Contractor’s making such final commitment; or

c. Contractor failed to give the written notice as required by Paragraph 4.03.A.

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim maybe made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer,


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or any of their officers, directors, members, partners, employees, agents, consultants, orsubcontractors shall be liable to Contractor for any claims, costs, losses, or damages(including but not limited to all fees and charges of engineers, architects, attorneys, andother professionals and all court or arbitration or other dispute resolution costs) sustainedby Contractor on or in connection with any other project or anticipated project.

4.04 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documentswith respect to existing Underground Facilities at or contiguous to the Site is based oninformation and data furnished to Owner or Engineer by the owners of such UndergroundFacilities, including Owner, or by others. Unless it is otherwise expressly provided in theSupplementary Conditions:

1. Owner and Engineer shall not be responsible for the accuracy or completeness of anysuch information or data provided by others; and

2. the cost of all of the following will be included in the Contract Price, and Contractorshall have full responsibility for:

a. reviewing and checking all such information and data;

b. locating all Underground Facilities shown or indicated in the Contract Documents;

c. coordination of the Work with the owners of such Underground Facilities, includingOwner, during construction; and

d. the safety and protection of all such Underground Facilities and repairing any damagethereto resulting from the Work.

B. Not Shown or Indicated:

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site whichwas not shown or indicated, or not shown or indicated with reasonable accuracy in theContract Documents, Contractor shall, promptly after becoming aware thereof andbefore further disturbing conditions affected thereby or performing any Work inconnection therewith (except in an emergency as required by Paragraph 6.16.A), identifythe owner of such Underground Facility and give written notice to that owner and toOwner and Engineer. Engineer will promptly review the Underground Facility anddetermine the extent, if any, to which a change is required in the Contract Documents toreflect and document the consequences of the existence or location of the UndergroundFacility. During such time, Contractor shall be responsible for the safety and protectionof such Underground Facility.

2. If Engineer concludes that a change in the Contract Documents is required, a WorkChange Directive or a Change Order will be issued to reflect and document suchconsequences. An equitable adjustment shall be made in the Contract Price or ContractTimes, or both, to the extent that they are attributable to the existence or location of anyUnderground Facility that was not shown or indicated or not shown or indicated with


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reasonable accuracy in the Contract Documents and that Contractor did not know of andcould not reasonably have been expected to be aware of or to have anticipated. If Ownerand Contractor are unable to agree on entitlement to or on the amount or extent, if any, ofany such adjustment in Contract Price or Contract Times, Owner or Contractor maymake a Claim therefor as provided in Paragraph 10.05.

4.05 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which inEngineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractorshall be responsible for laying out the Work, shall protect and preserve the established referencepoints and property monuments, and shall make no changes or relocations without the priorwritten approval of Owner. Contractor shall report to Engineer whenever any reference point orproperty monument is lost or destroyed or requires relocation because of necessary changes ingrades or locations, and shall be responsible for the accurate replacement or relocation of suchreference points or property monuments by professionally qualified personnel.

4.06 Hazardous Environmental Condition at Site

A. Reports and Drawings: The Supplementary Conditions identify those reports and drawingsknown to Owner relating to Hazardous Environmental Conditions that have been identified atthe Site.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon theaccuracy of the “technical data” contained in such reports and drawings, but such reports anddrawings are not Contract Documents. Such “technical data” is identified in the SupplementaryConditions. Except for such reliance on such “technical data,” Contractor may not rely upon ormake any claim against Owner or Engineer, or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, butnot limited to, any aspects of the means, methods, techniques, sequences and proceduresof construction to be employed by Contractor and safety precautions and programsincident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shownor indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or anysuch other data, interpretations, opinions or information.

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered orrevealed at the Site which was not shown or indicated in Drawings or Specifications or identifiedin the Contract Documents to be within the scope of the Work. Contractor shall be responsiblefor a Hazardous Environmental Condition created with any materials brought to the Site byContractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone forwhom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall


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immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection withsuch condition and in any area affected thereby (except in an emergency as required byParagraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm suchnotice in writing). Owner shall promptly consult with Engineer concerning the necessity forOwner to retain a qualified expert to evaluate such condition or take corrective action, if any.Promptly after consulting with Engineer, Owner shall take such actions as are necessary topermit Owner to timely obtain required permits and provide Contractor the written noticerequired by Paragraph 4.06.E.

E. Contractor shall not be required to resume Work in connection with such condition or in anyaffected area until after Owner has obtained any required permits related thereto and deliveredwritten notice to Contractor: (i) specifying that such condition and any affected area is or hasbeen rendered safe for the resumption of Work; or (ii) specifying any special conditions underwhich such Work may be resumed safely. If Owner and Contractor cannot agree as toentitlement to or on the amount or extent, if any, of any adjustment in Contract Price or ContractTimes, or both, as a result of such Work stoppage or such special conditions under which Workis agreed to be resumed by Contractor, either party may make a Claim therefor as provided inParagraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on areasonable belief it is unsafe, or does not agree to resume such Work under such specialconditions, then Owner may order the portion of the Work that is in the area affected by suchcondition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlementto or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as aresult of deleting such portion of the Work, then either party may make a Claim therefor asprovided in Paragraph 10.05. Owner may have such deleted portion of the Work performed byOwner’s own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and holdharmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them from andagainst all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or otherdispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,provided that such Hazardous Environmental Condition: (i) was not shown or indicated in theDrawings or Specifications or identified in the Contract Documents to be included within thescope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor isresponsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individualor entity from and against the consequences of that individual’s or entity’s own negligence.

H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them from and against all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to a Hazardous Environmental Condition created by Contractor or byanyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate


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Contractor to indemnify any individual or entity from and against the consequences of thatindividual’s or entity’s own negligence.

I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous EnvironmentalCondition uncovered or revealed at the Site.

ARTICLE 5 – BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to theContract Price as security for the faithful performance and payment of all of Contractor’sobligations under the Contract Documents. These bonds shall remain in effect until one yearafter the date when final payment becomes due or until completion of the correction periodspecified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws orRegulations or by the Contract Documents. Contractor shall also furnish such other bonds as arerequired by the Contract Documents.

B. All bonds shall be in the form prescribed by the Contract Documents except as providedotherwise by Laws or Regulations, and shall be executed by such sureties as are named in the listof “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds andas Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the FinancialManagement Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signedby an agent or attorney-in-fact must be accompanied by a certified copy of that individual’sauthority to bind the surety. The evidence of authority shall show that it is effective on the datethe agent or attorney-in-fact signed each bond.

C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent orits right to do business is terminated in any state where any part of the Project is located or itceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Ownerand Engineer and shall, within 20 days after the event giving rise to such notification, provideanother bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.Band 5.02.

5.02 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained byOwner or Contractor shall be obtained from surety or insurance companies that are duly licensedor authorized in the jurisdiction in which the Project is located to issue bonds or insurancepolicies for the limits and coverages so required. Such surety and insurance companies shall alsomeet such additional requirements and qualifications as may be provided in the SupplementaryConditions.

5.03 Certificates of Insurance

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payeeidentified in the Supplementary Conditions, certificates of insurance (and other evidence ofinsurance requested by Owner or any other additional insured) which Contractor is required topurchase and maintain.


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B. Owner shall deliver to Contractor, with copies to each additional insured and loss payeeidentified in the Supplementary Conditions, certificates of insurance (and other evidence ofinsurance requested by Contractor or any other additional insured) which Owner is required topurchase and maintain.

C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliancewith these insurance requirements or failure of Owner to identify a deficiency in compliancefrom the evidence provided shall not be construed as a waiver of Contractor’s obligation tomaintain such insurance.

D. Owner does not represent that insurance coverage and limits established in this Contractnecessarily will be adequate to protect Contractor.

E. The insurance and insurance limits required herein shall not be deemed as a limitation onContractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.04 Contractor’s Insurance

A. Contractor shall purchase and maintain such insurance as is appropriate for the Work beingperformed and as will provide protection from claims set forth below which may arise out of orresult from Contractor’s performance of the Work and Contractor’s other obligations under theContract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of them to perform any of the Work, or byanyone for whose acts any of them may be liable:

1. claims under workers’ compensation, disability benefits, and other similar employeebenefit acts;

2. claims for damages because of bodily injury, occupational sickness or disease, or deathof Contractor’s employees;

3. claims for damages because of bodily injury, sickness or disease, or death of any personother than Contractor’s employees;

4. claims for damages insured by reasonably available personal injury liability coveragewhich are sustained:

a. by any person as a result of an offense directly or indirectly related to the employment ofsuch person by Contractor, or

b. by any other person for any other reason;

5. claims for damages, other than to the Work itself, because of injury to or destruction oftangible property wherever located, including loss of use resulting therefrom; and

6. claims for damages because of bodily injury or death of any person or property damagearising out of the ownership, maintenance or use of any motor vehicle.

B. The policies of insurance required by this Paragraph 5.04 shall:


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1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive,be written on an occurrence basis, include as additional insureds (subject to anycustomary exclusion regarding professional liability) Owner and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, all of whom shall belisted as additional insureds, and include coverage for the respective officers, directors,members, partners, employees, agents, consultants, and subcontractors of each and anyof all such additional insureds, and the insurance afforded to these additional insuredsshall provide primary coverage for all claims covered thereby;

2. include at least the specific coverages and be written for not less than the limits ofliability provided in the Supplementary Conditions or required by Laws or Regulations,whichever is greater;

3. include contractual liability insurance covering Contractor’s indemnity obligations underParagraphs 6.11 and 6.20;

4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has beengiven to Owner and Contractor and to each other additional insured identified in theSupplementary Conditions to whom a certificate of insurance has been issued (and thecertificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will soprovide);

5. remain in effect at least until final payment and at all times thereafter when Contractormay be correcting, removing, or replacing defective Work in accordance with Paragraph13.07; and

6. include completed operations coverage:

a. Such insurance shall remain in effect for two years after final payment.

b. Contractor shall furnish Owner and each other additional insured identified in theSupplementary Conditions, to whom a certificate of insurance has been issued, evidencesatisfactory to Owner and any such additional insured of continuation of such insuranceat final payment and one year thereafter.

5.05 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liabilityinsurance as will protect Owner against claims which may arise from operations under theContract Documents.

5.06 Property Insurance

A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintainproperty insurance upon the Work at the Site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions orrequired by Laws and Regulations). This insurance shall:


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1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, and the officers,directors, members, partners, employees, agents, consultants, and subcontractors of eachand any of them, each of whom is deemed to have an insurable interest and shall be listedas a loss payee;

2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurancefor physical loss or damage to the Work, temporary buildings, falsework, and materialsand equipment in transit, and shall insure against at least the following perils or causes ofloss: fire, lightning, extended coverage, theft, vandalism and malicious mischief,earthquake, collapse, debris removal, demolition occasioned by enforcement of Lawsand Regulations, water damage (other than that caused by flood), and such other perils orcauses of loss as may be specifically required by the Supplementary Conditions.

3. include expenses incurred in the repair or replacement of any insured property (includingbut not limited to fees and charges of engineers and architects);

4. cover materials and equipment stored at the Site or at another location that was agreed toin writing by Owner prior to being incorporated in the Work, provided that suchmaterials and equipment have been included in an Application for Paymentrecommended by Engineer;

5. allow for partial utilization of the Work by Owner;

6. include testing and startup; and

7. be maintained in effect until final payment is made unless otherwise agreed to in writingby Owner, Contractor, and Engineer with 30 days written notice to each other loss payeeto whom a certificate of insurance has been issued.

B. Owner shall purchase and maintain such equipment breakdown insurance or additional propertyinsurance as may be required by the Supplementary Conditions or Laws and Regulations whichwill include the interests of Owner, Contractor, Subcontractors, and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, and the officers, directors,members, partners, employees, agents, consultants and subcontractors of each and any of them,each of whom is deemed to have an insurable interest and shall be listed as a loss payee.

C. All the policies of insurance (and the certificates or other evidence thereof) required to bepurchased and maintained in accordance with this Paragraph 5.06 will contain a provision orendorsement that the coverage afforded will not be canceled or materially changed or renewalrefused until at least 30 days prior written notice has been given to Owner and Contractor and toeach other loss payee to whom a certificate of insurance has been issued and will contain waiverprovisions in accordance with Paragraph 5.07.

D. Owner shall not be responsible for purchasing and maintaining any property insurance specifiedin this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in theWork to the extent of any deductible amounts that are identified in the SupplementaryConditions. The risk of loss within such identified deductible amount will be borne byContractor, Subcontractors, or others suffering any such loss, and if any of them wishes property


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insurance coverage within the limits of such amounts, each may purchase and maintain it at thepurchaser’s own expense.

E. If Contractor requests in writing that other special insurance be included in the propertyinsurance policies provided under this Paragraph 5.06, Owner shall, if possible, include suchinsurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Priorto commencement of the Work at the Site, Owner shall in writing advise Contractor whether ornot such other insurance has been procured by Owner.

5.07 Waiver of Rights

A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 willprotect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entitiesidentified in the Supplementary Conditions as loss payees (and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them) in suchpolicies and will provide primary coverage for all losses and damages caused by the perils orcauses of loss covered thereby. All such policies shall contain provisions to the effect that in theevent of payment of any loss or damage the insurers will have no rights of recovery against anyof the insureds or loss payees thereunder. Owner and Contractor waive all rights against eachother and their respective officers, directors, members, partners, employees, agents, consultantsand subcontractors of each and any of them for all losses and damages caused by, arising out ofor resulting from any of the perils or causes of loss covered by such policies and any otherproperty insurance applicable to the Work; and, in addition, waive all such rights againstSubcontractors and Engineer, and all other individuals or entities identified in the SupplementaryConditions as loss payees (and the officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them) under such policies for losses anddamages so caused. None of the above waivers shall extend to the rights that any party makingsuch waiver may have to the proceeds of insurance held by Owner as trustee or otherwisepayable under any policy so issued.

B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,directors, members, partners, employees, agents, consultants and subcontractors of each and anyof them for:

1. loss due to business interruption, loss of use, or other consequential loss extendingbeyond direct physical loss or damage to Owner’s property or the Work caused by,arising out of, or resulting from fire or other perils whether or not insured by Owner; and

2. loss or damage to the completed Project or part thereof caused by, arising out of, orresulting from fire or other insured peril or cause of loss covered by any propertyinsurance maintained on the completed Project or part thereof by Owner during partialutilization pursuant to Paragraph 14.05, after Substantial Completion pursuant toParagraph 14.04, or after final payment pursuant to Paragraph 14.07.

C. Any insurance policy maintained by Owner covering any loss, damage or consequential lossreferred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of paymentof any such loss, damage, or consequential loss, the insurers will have no rights of recoveryagainst Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,employees, agents, consultants and subcontractors of each and any of them.


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5.08 Receipt and Application of Insurance Proceeds

A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjustedwith Owner and made payable to Owner as fiduciary for the loss payees, as their interests mayappear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B.Owner shall deposit in a separate account any money so received and shall distribute it inaccordance with such agreement as the parties in interest may reach. If no other specialagreement is reached, the damaged Work shall be repaired or replaced, the moneys so receivedapplied on account thereof, and the Work and the cost thereof covered by an appropriate ChangeOrder.

B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one ofthe parties in interest shall object in writing within 15 days after the occurrence of loss toOwner’s exercise of this power. If such objection be made, Owner as fiduciary shall makesettlement with the insurers in accordance with such agreement as the parties in interest mayreach. If no such agreement among the parties in interest is reached, Owner as fiduciary shalladjust and settle the loss with the insurers and, if required in writing by any party in interest,Owner as fiduciary shall give bond for the proper performance of such duties.

5.09 Acceptance of Bonds and Insurance; Option to Replace

A. If either Owner or Contractor has any objection to the coverage afforded by or other provisionsof the bonds or insurance required to be purchased and maintained by the other party inaccordance with Article 5 on the basis of non-conformance with the Contract Documents, theobjecting party shall so notify the other party in writing within 10 days after receipt of thecertificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractorshall each provide to the other such additional information in respect of insurance provided asthe other may reasonably request. If either party does not purchase or maintain all of the bondsand insurance required of such party by the Contract Documents, such party shall notify theother party in writing of such failure to purchase prior to the start of the Work, or of such failureto maintain prior to any change in the required coverage. Without prejudice to any other right orremedy, the other party may elect to obtain equivalent bonds or insurance to protect such otherparty’s interests at the expense of the party who was required to provide such coverage, and aChange Order shall be issued to adjust the Contract Price accordingly.

5.10 Partial Utilization, Acknowledgment of Property Insurer

A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior toSubstantial Completion of all the Work as provided in Paragraph 14.05, no such use oroccupancy shall commence before the insurers providing the property insurance pursuant toParagraph 5.06 have acknowledged notice thereof and in writing effected any changes incoverage necessitated thereby. The insurers providing the property insurance shall consent byendorsement on the policy or policies, but the property insurance shall not be canceled orpermitted to lapse on account of any such partial use or occupancy.


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ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devotingsuch attention thereto and applying such skills and expertise as may be necessary to perform theWork in accordance with the Contract Documents. Contractor shall be solely responsible for themeans, methods, techniques, sequences, and procedures of construction. Contractor shall not beresponsible for the negligence of Owner or Engineer in the design or specification of a specificmeans, method, technique, sequence, or procedure of construction which is shown or indicatedin and expressly required by the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent residentsuperintendent who shall not be replaced without written notice to Owner and Engineer exceptunder extraordinary circumstances.

6.02 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Workand perform construction as required by the Contract Documents. Contractor shall at all timesmaintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property atthe Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Workat the Site shall be performed during regular working hours. Contractor will not permit theperformance of Work on a Saturday, Sunday, or any legal holiday without Owner’s writtenconsent (which will not be unreasonably withheld) given after prior written notice to Engineer.

6.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume fullresponsibility for all services, materials, equipment, labor, transportation, constructionequipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitaryfacilities, temporary facilities, and all other facilities and incidentals necessary for theperformance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,shall be of good quality and new, except as otherwise provided in the Contract Documents. Allspecial warranties and guarantees required by the Specifications shall expressly run to the benefitof Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (includingreports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, exceptas otherwise may be provided in the Contract Documents.


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6.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph2.07) proposed adjustments in the Progress Schedule that will not result in changing theContract Times. Such adjustments will comply with any provisions of the GeneralRequirements applicable thereto.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shallbe submitted in accordance with the requirements of Article 12. Adjustments in ContractTimes may only be made by a Change Order.

6.05 Substitutes and “Or-Equals”

A. Whenever an item of material or equipment is specified or described in the Contract Documentsby using the name of a proprietary item or the name of a particular Supplier, the specification ordescription is intended to establish the type, function, appearance, and quality required. Unlessthe specification or description contains or is followed by words reading that no like, equivalent,or “or-equal” item or no substitution is permitted, other items of material or equipment ormaterial or equipment of other Suppliers may be submitted to Engineer for review under thecircumstances described below.

1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipmentproposed by Contractor is functionally equal to that named and sufficiently similar sothat no change in related Work will be required, it may be considered by Engineer as an“or-equal” item, in which case review and approval of the proposed item may, inEngineer’s sole discretion, be accomplished without compliance with some or all of therequirements for approval of proposed substitute items. For the purposes of thisParagraph 6.05.A.1, a proposed item of material or equipment will be consideredfunctionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that:

1) it is at least equal in materials of construction, quality, durability, appearance,strength, and design characteristics;

2) it will reliably perform at least equally well the function and achieve the resultsimposed by the design concept of the completed Project as a functioning whole; and

3) it has a proven record of performance and availability of responsive service.

b. Contractor certifies that, if approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) it will conform substantially to the detailed requirements of the item named in theContract Documents.


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2. Substitute Items:

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractordoes not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered aproposed substitute item.

b. Contractor shall submit sufficient information as provided below to allow Engineer todetermine if the item of material or equipment proposed is essentially equivalent to thatnamed and an acceptable substitute therefor. Requests for review of proposed substituteitems of material or equipment will not be accepted by Engineer from anyone other thanContractor.

c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, assupplemented by the General Requirements, and as Engineer may decide is appropriateunder the circumstances.

d. Contractor shall make written application to Engineer for review of a proposed substituteitem of material or equipment that Contractor seeks to furnish or use. The application:

1) shall certify that the proposed substitute item will:

a) perform adequately the functions and achieve the results called for by the generaldesign,

b) be similar in substance to that specified, and

c) be suited to the same use as that specified;

2) will state:

a) the extent, if any, to which the use of the proposed substitute item will prejudiceContractor’s achievement of Substantial Completion on time,

b) whether use of the proposed substitute item in the Work will require a change inany of the Contract Documents (or in the provisions of any other direct contractwith Owner for other work on the Project) to adapt the design to the proposedsubstitute item, and

c) whether incorporation or use of the proposed substitute item in connection withthe Work is subject to payment of any license fee or royalty;

3) will identify:

a) all variations of the proposed substitute item from that specified, and

b) available engineering, sales, maintenance, repair, and replacement services; and

4) shall contain an itemized estimate of all costs or credits that will result directly orindirectly from use of such substitute item, including costs of redesign and claims ofother contractors affected by any resulting change.


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B. Substitute Construction Methods or Procedures: If a specific means, method, technique,sequence, or procedure of construction is expressly required by the Contract Documents,Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedureof construction approved by Engineer. Contractor shall submit sufficient information to allowEngineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent tothat expressly called for by the Contract Documents. The requirements for review by Engineerwill be similar to those provided in Paragraph 6.05.A.2.

C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluateeach proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer mayrequire Contractor to furnish additional data about the proposed substitute item. Engineer will bethe sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilizeduntil Engineer’s review is complete, which will be evidenced by a Change Order in the case of asubstitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor inwriting of any negative determination.

D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a specialperformance guarantee or other surety with respect to any substitute.

E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating asubstitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B.Whether or not Engineer approves a substitute so proposed or submitted by Contractor,Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating eachsuch proposed substitute. Contractor shall also reimburse Owner for the reasonable charges ofEngineer for making changes in the Contract Documents (or in the provisions of any other directcontract with Owner) resulting from the acceptance of each proposed substitute.

F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or“or-equal” at Contractor’s expense.

6.06 Concerning Subcontractors, Suppliers, and Others

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (includingthose acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as areplacement, against whom Owner may have reasonable objection. Contractor shall not berequired to employ any Subcontractor, Supplier, or other individual or entity to furnish orperform any of the Work against whom Contractor has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, orother individuals or entities to be submitted to Owner in advance for acceptance by Owner by aspecified date prior to the Effective Date of the Agreement, and if Contractor has submitted a listthereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writingor by failing to make written objection thereto by the date indicated for acceptance or objectionin the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, orother individual or entity so identified may be revoked on the basis of reasonable objection afterdue investigation. Contractor shall submit an acceptable replacement for the rejectedSubcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted bythe difference in the cost occasioned by such replacement, and an appropriate Change Order willbe issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or


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entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner orEngineer to reject defective Work.

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of theSubcontractors, Suppliers, and other individuals or entities performing or furnishing any of theWork just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in theContract Documents:

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual orentity any contractual relationship between Owner or Engineer and any suchSubcontractor, Supplier or other individual or entity; nor

2. shall create any obligation on the part of Owner or Engineer to pay or to see to thepayment of any moneys due any such Subcontractor, Supplier, or other individual orentity except as may otherwise be required by Laws and Regulations.

D. Contractor shall be solely responsible for scheduling and coordinating the Work ofSubcontractors, Suppliers, and other individuals or entities performing or furnishing any of theWork under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entitiesperforming or furnishing any of the Work to communicate with Engineer through Contractor.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall notcontrol Contractor in dividing the Work among Subcontractors or Suppliers or delineating theWork to be performed by any specific trade.

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to anappropriate agreement between Contractor and the Subcontractor or Supplier which specificallybinds the Subcontractor or Supplier to the applicable terms and conditions of the ContractDocuments for the benefit of Owner and Engineer. Whenever any such agreement is with aSubcontractor or Supplier who is listed as a loss payee on the property insurance provided inParagraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier willcontain provisions whereby the Subcontractor or Supplier waives all rights against Owner,Contractor, Engineer, and all other individuals or entities identified in the SupplementaryConditions to be listed as insureds or loss payees (and the officers, directors, members, partners,employees, agents, consultants, and subcontractors of each and any of them) for all losses anddamages caused by, arising out of, relating to, or resulting from any of the perils or causes ofloss covered by such policies and any other property insurance applicable to the Work. If theinsurers on any such policies require separate waiver forms to be signed by any Subcontractor orSupplier, Contractor will obtain the same.

6.07 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in theperformance of the Work or the incorporation in the Work of any invention, design, process,product, or device which is the subject of patent rights or copyrights held by others. If aparticular invention, design, process, product, or device is specified in the Contract Documentsfor use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its


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use is subject to patent rights or copyrights calling for the payment of any license fee or royaltyto others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and holdharmless Contractor, and its officers, directors, members, partners, employees, agents,consultants, and subcontractors from and against all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and otherprofessionals, and all court or arbitration or other dispute resolution costs) arising out of orrelating to any infringement of patent rights or copyrights incident to the use in the performanceof the Work or resulting from the incorporation in the Work of any invention, design, process,product, or device specified in the Contract Documents, but not identified as being subject topayment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising outof or relating to any infringement of patent rights or copyrights incident to the use in theperformance of the Work or resulting from the incorporation in the Work of any invention,design, process, product, or device not specified in the Contract Documents.

6.08 Permits

A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay forall construction permits and licenses. Owner shall assist Contractor, when necessary, inobtaining such permits and licenses. Contractor shall pay all governmental charges andinspection fees necessary for the prosecution of the Work which are applicable at the time ofopening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shallpay all charges of utility owners for connections for providing permanent service to the Work.

6.09 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulationsapplicable to the performance of the Work. Except where otherwise expressly required byapplicable Laws and Regulations, neither Owner nor Engineer shall be responsible formonitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Lawsor Regulations, Contractor shall bear all claims, costs, losses, and damages (including but notlimited to all fees and charges of engineers, architects, attorneys, and other professionals and allcourt or arbitration or other dispute resolution costs) arising out of or relating to such Work.However, it shall not be Contractor’s responsibility to make certain that the Specifications andDrawings are in accordance with Laws and Regulations, but this shall not relieve Contractor ofContractor’s obligations under Paragraph 3.03.

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the EffectiveDate of the Agreement if there were no Bids) having an effect on the cost or time of performanceof the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner


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and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of anysuch adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

6.10 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid byContractor in accordance with the Laws and Regulations of the place of the Project which areapplicable during the performance of the Work.

6.11 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Contractor shall confine construction equipment, the storage of materials and equipment,and the operations of workers to the Site and other areas permitted by Laws andRegulations, and shall not unreasonably encumber the Site and other areas withconstruction equipment or other materials or equipment. Contractor shall assume fullresponsibility for any damage to any such land or area, or to the owner or occupantthereof, or of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such owner or occupant because of the performance ofthe Work, Contractor shall promptly settle with such other party by negotiation orotherwise resolve the claim by arbitration or other dispute resolution proceeding or atlaw.

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify andhold harmless Owner and Engineer, and the officers, directors, members, partners,employees, agents, consultants and subcontractors of each and any of them from andagainst all claims, costs, losses, and damages (including but not limited to all fees andcharges of engineers, architects, attorneys, and other professionals and all court orarbitration or other dispute resolution costs) arising out of or relating to any claim oraction, legal or equitable, brought by any such owner or occupant against Owner,Engineer, or any other party indemnified hereunder to the extent caused by or basedupon Contractor’s performance of the Work.

B. Removal of Debris During Performance of the Work: During the progress of the WorkContractor shall keep the Site and other areas free from accumulations of waste materials,rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and otherdebris shall conform to applicable Laws and Regulations.

C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and theWork and make it ready for utilization by Owner. At the completion of the Work Contractorshall remove from the Site all tools, appliances, construction equipment and machinery, andsurplus materials and shall restore to original condition all property not designated for alterationby the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loadedin any manner that will endanger the structure, nor shall Contractor subject any part of the Workor adjacent property to stresses or pressures that will endanger it.


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6.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and writteninterpretations and clarifications in good order and annotated to show changes made duringconstruction. These record documents together with all approved Samples and a counterpart ofall approved Shop Drawings will be available to Engineer for reference. Upon completion of theWork, these record documents, Samples, and Shop Drawings will be delivered to Engineer forOwner.

6.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safetyprecautions and programs in connection with the Work. Such responsibility does not relieveSubcontractors of their responsibility for the safety of persons or property in the performance oftheir work, nor for compliance with applicable safety Laws and Regulations. Contractor shalltake all necessary precautions for the safety of, and shall provide the necessary protection toprevent damage, injury or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storageon or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,pavements, roadways, structures, utilities, and Underground Facilities not designated forremoval, relocation, or replacement in the course of construction.

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety ofpersons or property, or to the protection of persons or property from damage, injury, or loss; andshall erect and maintain all necessary safeguards for such safety and protection. Contractor shallnotify owners of adjacent property and of Underground Facilities and other utility owners whenprosecution of the Work may affect them, and shall cooperate with them in the protection,removal, relocation, and replacement of their property.

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.The Supplementary Conditions identify any Owner’s safety programs that are applicable to theWork.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safetyprogram with which Owner’s and Engineer’s employees and representatives must comply whileat the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or anyother individual or entity directly or indirectly employed by any of them to perform any of theWork, or anyone for whose acts any of them may be liable, shall be remedied by Contractor(except damage or loss attributable to the fault of Drawings or Specifications or to the acts oromissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts


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any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to thefault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entitydirectly or indirectly employed by any of them).

F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continueuntil such time as all the Work is completed and Engineer has issued a notice to Owner andContractor in accordance with Paragraph 14.07.B that the Work is acceptable (except asotherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whoseduties and responsibilities shall be the prevention of accidents and the maintaining andsupervising of safety precautions and programs.

6.15 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets orother hazard communication information required to be made available to or exchanged betweenor among employers at the Site in accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site oradjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.Contractor shall give Engineer prompt written notice if Contractor believes that any significantchanges in the Work or variations from the Contract Documents have been caused thereby or arerequired as a result thereof. If Engineer determines that a change in the Contract Documents isrequired because of the action taken by Contractor in response to such an emergency, a WorkChange Directive or Change Order will be issued.

6.17 Shop Drawings and Samples

A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval inaccordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Eachsubmittal will be identified as Engineer may require.

1. Shop Drawings:

a. Submit number of copies specified in the General Requirements.

b. Data shown on the Shop Drawings will be complete with respect to quantities,dimensions, specified performance and design criteria, materials, and similar data toshow Engineer the services, materials, and equipment Contractor proposes to provideand to enable Engineer to review the information for the limited purposes required byParagraph 6.17.D.

2. Samples:

a. Submit number of Samples specified in the Specifications.


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b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalognumbers, the use for which intended and other data as Engineer may require to enableEngineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule ofSubmittals, any related Work performed prior to Engineer’s review and approval of the pertinentsubmittal will be at the sole expense and responsibility of Contractor.

C. Submittal Procedures:

1. Before submitting each Shop Drawing or Sample, Contractor shall have:

a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings andSamples and with the requirements of the Work and the Contract Documents;

b. determined and verified all field measurements, quantities, dimensions, specifiedperformance and design criteria, installation requirements, materials, catalog numbers,and similar information with respect thereto;

c. determined and verified the suitability of all materials offered with respect to theindicated application, fabrication, shipping, handling, storage, assembly, and installationpertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities formeans, methods, techniques, sequences, and procedures of construction, and safetyprecautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor hassatisfied Contractor’s obligations under the Contract Documents with respect toContractor’s review and approval of that submittal.

3. With each submittal, Contractor shall give Engineer specific written notice of anyvariations that the Shop Drawing or Sample may have from the requirements of theContract Documents. This notice shall be both a written communication separate fromthe Shop Drawings or Sample submittal; and, in addition, by a specific notation made oneach Shop Drawing or Sample submitted to Engineer for review and approval of eachsuch variation.

D. Engineer’s Review:

1. Engineer will provide timely review of Shop Drawings and Samples in accordance withthe Schedule of Submittals acceptable to Engineer. Engineer’s review and approval willbe only to determine if the items covered by the submittals will, after installation orincorporation in the Work, conform to the information given in the Contract Documentsand be compatible with the design concept of the completed Project as a functioningwhole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques,sequences, or procedures of construction (except where a particular means, method,


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technique, sequence, or procedure of construction is specifically and expressly called forby the Contract Documents) or to safety precautions or programs incident thereto. Thereview and approval of a separate item as such will not indicate approval of the assemblyin which the item functions.

3. Engineer’s review and approval shall not relieve Contractor from responsibility for anyvariation from the requirements of the Contract Documents unless Contractor hascomplied with the requirements of Paragraph 6.17.C.3 and Engineer has given writtenapproval of each such variation by specific written notation thereof incorporated in oraccompanying the Shop Drawing or Sample. Engineer’s review and approval shall notrelieve Contractor from responsibility for complying with the requirements of Paragraph6.17.C.1.

E. Resubmittal Procedures:

1. Contractor shall make corrections required by Engineer and shall return the requirednumber of corrected copies of Shop Drawings and submit, as required, new Samples forreview and approval. Contractor shall direct specific attention in writing to revisionsother than the corrections called for by Engineer on previous submittals.

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes ordisagreements with Owner. No Work shall be delayed or postponed pending resolution of anydisputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractormay otherwise agree in writing.

6.19 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with theContract Documents and will not be defective. Engineer and its officers, directors, members,partners, employees, agents, consultants, and subcontractors shall be entitled to rely onrepresentation of Contractor’s warranty and guarantee.

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, modification, or improper maintenance or operation by persons other thanContractor, Subcontractors, Suppliers, or any other individual or entity for whomContractor is responsible; or

2. normal wear and tear under normal usage.

C. Contractor’s obligation to perform and complete the Work in accordance with the ContractDocuments shall be absolute. None of the following will constitute an acceptance of Work that isnot in accordance with the Contract Documents or a release of Contractor’s obligation toperform the Work in accordance with the Contract Documents:

1. observations by Engineer;


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2. recommendation by Engineer or payment by Owner of any progress or final payment;

3. the issuance of a certificate of Substantial Completion by Engineer or any paymentrelated thereto by Owner;

4. use or occupancy of the Work or any part thereof by Owner;

5. any review and approval of a Shop Drawing or Sample submittal or the issuance of anotice of acceptability by Engineer;

6. any inspection, test, or approval by others; or

7. any correction of defective Work by Owner.

6.20 Indemnification

A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising outof or relating to the performance of the Work, provided that any such claim, cost, loss, ordamage is attributable to bodily injury, sickness, disease, or death, or to injury to or destructionof tangible property (other than the Work itself), including the loss of use resulting therefrom butonly to the extent caused by any negligent act or omission of Contractor, any Subcontractor, anySupplier, or any individual or entity directly or indirectly employed by any of them to performany of the Work or anyone for whose acts any of them may be liable .

B. In any and all claims against Owner or Engineer or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors by any employee (or the survivor orpersonal representative of such employee) of Contractor, any Subcontractor, any Supplier, orany individual or entity directly or indirectly employed by any of them to perform any of theWork, or anyone for whose acts any of them may be liable, the indemnification obligation underParagraph 6.20.A shall not be limited in any way by any limitation on the amount or type ofdamages, compensation, or benefits payable by or for Contractor or any such Subcontractor,Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts,or other employee benefit acts.

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to theliability of Engineer and Engineer’s officers, directors, members, partners, employees, agents,consultants and subcontractors arising out of:

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings,opinions, reports, surveys, Change Orders, designs, or Specifications; or

2. giving directions or instructions, or failing to give them, if that is the primary cause of theinjury or damage.


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6.21 Delegation of Professional Design Services

A. Contractor will not be required to provide professional design services unless such services arespecifically required by the Contract Documents for a portion of the Work or unless suchservices are required to carry out Contractor’s responsibilities for construction means, methods,techniques, sequences and procedures. Contractor shall not be required to provide professionalservices in violation of applicable law.

B. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of Contractor by the Contract Documents,Owner and Engineer will specify all performance and design criteria that such services mustsatisfy. Contractor shall cause such services or certifications to be provided by a properlylicensed professional, whose signature and seal shall appear on all drawings, calculations,specifications, certifications, Shop Drawings and other submittals prepared by such professional.Shop Drawings and other submittals related to the Work designed or certified by suchprofessional, if prepared by others, shall bear such professional’s written approval whensubmitted to Engineer.

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness ofthe services, certifications or approvals performed by such design professionals, provided Ownerand Engineer have specified to Contractor all performance and design criteria that such servicesmust satisfy.

D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations anddesign drawings will be only for the limited purpose of checking for conformance withperformance and design criteria given and the design concept expressed in the ContractDocuments. Engineer’s review and approval of Shop Drawings and other submittals (exceptdesign calculations and design drawings) will be only for the purpose stated in Paragraph6.17.D.1.

E. Contractor shall not be responsible for the adequacy of the performance or design criteriarequired by the Contract Documents.

ARTICLE 7 – OTHER WORK AT THE SITE

7.01 Related Work at Site

A. Owner may perform other work related to the Project at the Site with Owner’s employees, orthrough other direct contracts therefor, or have other work performed by utility owners. If suchother work is not noted in the Contract Documents, then:

1. written notice thereof will be given to Contractor prior to starting any such other work;and

2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any, of any adjustment in the Contract Price or Contract Times that should be allowedas a result of such other work, a Claim may be made therefor as provided in Paragraph10.05.


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B. Contractor shall afford each other contractor who is a party to such a direct contract, each utilityowner, and Owner, if Owner is performing other work with Owner’s employees, proper and safeaccess to the Site, provide a reasonable opportunity for the introduction and storage of materialsand equipment and the execution of such other work, and properly coordinate the Work withtheirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required toproperly connect or otherwise make its several parts come together and properly integrate withsuch other work. Contractor shall not endanger any work of others by cutting, excavating, orotherwise altering such work; provided, however, that Contractor may cut or alter others' workwith the written consent of Engineer and the others whose work will be affected. The duties andresponsibilities of Contractor under this Paragraph are for the benefit of such utility owners andother contractors to the extent that there are comparable provisions for the benefit of Contractorin said direct contracts between Owner and such utility owners and other contractors.

C. If the proper execution or results of any part of Contractor’s Work depends upon workperformed by others under this Article 7, Contractor shall inspect such other work and promptlyreport to Engineer in writing any delays, defects, or deficiencies in such other work that render itunavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’sfailure to so report will constitute an acceptance of such other work as fit and proper forintegration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination

A. If Owner intends to contract with others for the performance of other work on the Project at theSite, the following will be set forth in Supplementary Conditions:

1. the individual or entity who will have authority and responsibility for coordination of theactivities among the various contractors will be identified;

2. the specific matters to be covered by such authority and responsibility will be itemized;and

3. the extent of such authority and responsibilities will be provided.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authorityand responsibility for such coordination.

7.03 Legal Relationships

A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.

B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the othercontractor is liable to Owner and Contractor for the reasonable direct delay and disruption costsincurred by Contractor as a result of the other contractor’s wrongful actions or inactions.

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner forthe reasonable direct delay and disruption costs incurred by such other contractor as a result ofContractor’s wrongful action or inactions.


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ARTICLE 8 – OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue allcommunications to Contractor through Engineer.

8.02 Replacement of Engineer

A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whomContractor makes no reasonable objection, whose status under the Contract Documents shall bethat of the former Engineer.

8.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

8.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.Cand 14.07.C.

8.05 Lands and Easements; Reports and Tests

A. Owner’s duties with respect to providing lands and easements and providing engineering surveysto establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers toOwner’s identifying and making available to Contractor copies of reports of explorations andtests of subsurface conditions and drawings of physical conditions relating to existing surface orsubsurface structures at the Site.

8.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability andproperty insurance are set forth in Article 5.

8.07 Change Orders

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

8.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth inParagraph 13.03.B.

8.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safetyprecautions and programs incident thereto, or for any failure of Contractor to comply with Laws


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and Regulations applicable to the performance of the Work. Owner will not be responsible forContractor’s failure to perform the Work in accordance with the Contract Documents.

8.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is setforth in Paragraph 4.06.

8.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financialarrangements have been made to satisfy Owner’s obligations under the Contract Documents.

8.12 Compliance with Safety Program

A. While at the Site, Owner’s employees and representatives shall comply with the specificapplicable requirements of Contractor’s safety programs of which Owner has been informedpursuant to Paragraph 6.13.D.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties andresponsibilities and the limitations of authority of Engineer as Owner’s representative duringconstruction are set forth in the Contract Documents.

9.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of constructionas Engineer deems necessary in order to observe as an experienced and qualified designprofessional the progress that has been made and the quality of the various aspects ofContractor’s executed Work. Based on information obtained during such visits and observations,Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding inaccordance with the Contract Documents. Engineer will not be required to make exhaustive orcontinuous inspections on the Site to check the quality or quantity of the Work. Engineer’sefforts will be directed toward providing for Owner a greater degree of confidence that thecompleted Work will conform generally to the Contract Documents. On the basis of such visitsand observations, Engineer will keep Owner informed of the progress of the Work and willendeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority andresponsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as aresult of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise,direct, control, or have authority over or be responsible for Contractor’s means, methods,techniques, sequences, or procedures of construction, or the safety precautions and programsincident thereto, or for any failure of Contractor to comply with Laws and Regulationsapplicable to the performance of the Work.


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9.03 Project Representative

A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assistEngineer in providing more extensive observation of the Work. The authority andresponsibilities of any such Resident Project Representative and assistants will be as provided inthe Supplementary Conditions, and limitations on the responsibilities thereof will be as providedin Paragraph 9.09. If Owner designates another representative or agent to represent Owner at theSite who is not Engineer’s consultant, agent or employee, the responsibilities and authority andlimitations thereon of such other individual or entity will be as provided in the SupplementaryConditions.

9.04 Authorized Variations in Work

A. Engineer may authorize minor variations in the Work from the requirements of the ContractDocuments which do not involve an adjustment in the Contract Price or the Contract Times andare compatible with the design concept of the completed Project as a functioning whole asindicated by the Contract Documents. These may be accomplished by a Field Order and will bebinding on Owner and also on Contractor, who shall perform the Work involved promptly. IfOwner or Contractor believes that a Field Order justifies an adjustment in the Contract Price orContract Times, or both, and the parties are unable to agree on entitlement to or on the amount orextent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph10.05.

9.05 Rejecting Defective Work

A. Engineer will have authority to reject Work which Engineer believes to be defective, or thatEngineer believes will not produce a completed Project that conforms to the ContractDocuments or that will prejudice the integrity of the design concept of the completed Project as afunctioning whole as indicated by the Contract Documents. Engineer will also have authority torequire special inspection or testing of the Work as provided in Paragraph 13.04, whether or notthe Work is fabricated, installed, or completed.

9.06 Shop Drawings, Change Orders and Payments

A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings andSamples, see Paragraph 6.17.

B. In connection with Engineer’s authority, and limitations thereof, as to design calculations anddesign drawings submitted in response to a delegation of professional design services, if any, seeParagraph 6.21.

C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.

D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.

9.07 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performedby Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations


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on such matters before rendering a written decision thereon (by recommendation of anApplication for Payment or otherwise). Engineer’s written decision thereon will be final andbinding (except as modified by Engineer to reflect changed factual conditions or more accuratedata) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judgeof the acceptability of the Work thereunder. All matters in question and other matters betweenOwner and Contractor arising prior to the date final payment is due relating to the acceptabilityof the Work, and the interpretation of the requirements of the Contract Documents pertaining tothe performance of the Work, will be referred initially to Engineer in writing within 30 days ofthe event giving rise to the question.

B. Engineer will, with reasonable promptness, render a written decision on the issue referred. IfOwner or Contractor believes that any such decision entitles them to an adjustment in theContract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. Thedate of Engineer’s decision shall be the date of the event giving rise to the issues referenced forthe purposes of Paragraph 10.05.B.

C. Engineer’s written decision on the issue referred will be final and binding on Owner andContractor, subject to the provisions of Paragraph 10.05.

D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not showpartiality to Owner or Contractor and will not be liable in connection with any interpretation ordecision rendered in good faith in such capacity.

9.09 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provisionof the Contract Documents nor any decision made by Engineer in good faith either to exercise ornot exercise such authority or responsibility or the undertaking, exercise, or performance of anyauthority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any otherindividual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible forContractor’s means, methods, techniques, sequences, or procedures of construction, or the safetyprecautions and programs incident thereto, or for any failure of Contractor to comply with Lawsand Regulations applicable to the performance of the Work. Engineer will not be responsible forContractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation andall maintenance and operating instructions, schedules, guarantees, bonds, certificates ofinspection, tests and approvals, and other documentation required to be delivered by Paragraph14.07.A will only be to determine generally that their content complies with the requirements of,


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and in the case of certificates of inspections, tests, and approvals that the results certified indicatecompliance with, the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also applyto the Resident Project Representative, if any, and assistants, if any.

9.10 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives shall comply with the specificapplicable requirements of Contractor’s safety programs of which Engineer has been informedpursuant to Paragraph 6.13.D.

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time orfrom time to time, order additions, deletions, or revisions in the Work by a Change Order, or aWork Change Directive. Upon receipt of any such document, Contractor shall promptly proceedwith the Work involved which will be performed under the applicable conditions of the ContractDocuments (except as otherwise specifically provided).

B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as aresult of a Work Change Directive, a Claim may be made therefor as provided in Paragraph10.05.

10.02 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of theContract Times with respect to any work performed that is not required by the ContractDocuments as amended, modified, or supplemented as provided in Paragraph 3.04, except in thecase of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work asprovided in Paragraph 13.04.D.

10.03 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineercovering:

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A,(ii) required because of acceptance of defective Work under Paragraph 13.08.A orOwner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by theparties;

2. changes in the Contract Price or Contract Times which are agreed to by the parties,including any undisputed sum or amount of time for Work actually performed inaccordance with a Work Change Directive; and


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3. changes in the Contract Price or Contract Times which embody the substance of anywritten decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieuof executing any such Change Order, an appeal may be taken from any such decision inaccordance with the provisions of the Contract Documents and applicable Laws andRegulations, but during any such appeal, Contractor shall carry on the Work and adhereto the Progress Schedule as provided in Paragraph 6.18.A.

10.04 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting thegeneral scope of the Work or the provisions of the Contract Documents (including, but notlimited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’sresponsibility. The amount of each applicable bond will be adjusted to reflect the effect of anysuch change.

10.05 Claims

A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be referred to the Engineer for decision. A decision by Engineer shall be required as acondition precedent to any exercise by Owner or Contractor of any rights or remedies either mayotherwise have under the Contract Documents or by Laws and Regulations in respect of suchClaims.

B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimantto Engineer and the other party to the Contract promptly (but in no event later than 30 days) afterthe start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest withthe party making the Claim. Notice of the amount or extent of the Claim, with supporting datashall be delivered to the Engineer and the other party to the Contract within 60 days after thestart of such event (unless Engineer allows additional time for claimant to submit additional ormore accurate data in support of such Claim). A Claim for an adjustment in Contract Price shallbe prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustmentin Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B.Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed isthe entire adjustment to which the claimant believes it is entitled as a result of said event. Theopposing party shall submit any response to Engineer and the claimant within 30 days afterreceipt of the claimant’s last submittal (unless Engineer allows additional time).

C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the lastsubmittal of the claimant or the last submittal of the opposing party, if any, take one of thefollowing actions in writing:

1. deny the Claim in whole or in part;

2. approve the Claim; or

3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’ssole discretion, it would be inappropriate for the Engineer to do so. For purposes offurther resolution of the Claim, such notice shall be deemed a denial.


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D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shallbe deemed denied.

E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractorinvoke the dispute resolution procedure set forth in Article 16 within 30 days of such action ordenial.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted inaccordance with this Paragraph 10.05.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded inParagraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of theWork. When the value of any Work covered by a Change Order or when a Claim for anadjustment in Contract Price is determined on the basis of Cost of the Work, the costs to bereimbursed to Contractor will be only those additional or incremental costs required because ofthe change in the Work or because of the event giving rise to the Claim. Except as otherwisemay be agreed to in writing by Owner, such costs shall be in amounts no higher than thoseprevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph11.01.B, and shall include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of theWork under schedules of job classifications agreed upon by Owner and Contractor. Suchemployees shall include, without limitation, superintendents, foremen, and otherpersonnel employed full time on the Work. Payroll costs for employees not employedfull time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs shall include, but not be limited to, salaries and wages plus the cost offringe benefits, which shall include social security contributions, unemployment, excise,and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sickleave, vacation and holiday pay applicable thereto. The expenses of performing Workoutside of regular working hours, on Saturday, Sunday, or legal holidays, shall beincluded in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, includingcosts of transportation and storage thereof, and Suppliers’ field services required inconnection therewith. All cash discounts shall accrue to Contractor unless Ownerdeposits funds with Contractor with which to make payments, in which case the cashdiscounts shall accrue to Owner. All trade discounts, rebates and refunds and returnsfrom sale of surplus materials and equipment shall accrue to Owner, and Contractor shallmake provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.If required by Owner, Contractor shall obtain competitive bids from subcontractorsacceptable to Owner and Contractor and shall deliver such bids to Owner, who will thendetermine, with the advice of Engineer, which bids, if any, will be acceptable. If any


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subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Workplus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the samemanner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.

4. Costs of special consultants (including but not limited to engineers, architects, testinglaboratories, surveyors, attorneys, and accountants) employed for services specificallyrelated to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses ofContractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment,machinery, appliances, office, and temporary facilities at the Site, and hand tools notowned by the workers, which are consumed in the performance of the Work, and cost,less market value, of such items used but not consumed which remain the property ofContractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whetherrented from Contractor or others in accordance with rental agreements approved byOwner with the advice of Engineer, and the costs of transportation, loading, unloading,assembly, dismantling, and removal thereof. All such costs shall be in accordance withthe terms of said rental agreements. The rental of any such equipment, machinery, orparts shall cease when the use thereof is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for whichContractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, oranyone directly or indirectly employed by any of them or for whose acts any of themmay be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, notcompensated by insurance or otherwise, sustained by Contractor in connection with theperformance of the Work (except losses and damages within the deductible amounts ofproperty insurance established in accordance with Paragraph 5.06.D), provided suchlosses and damages have resulted from causes other than the negligence of Contractor,any Subcontractor, or anyone directly or indirectly employed by any of them or forwhose acts any of them may be liable. Such losses shall include settlements made withthe written consent and approval of Owner. No such losses, damages, and expenses shallbe included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as telegrams, long distance telephone calls, telephone service at theSite, express and courier services, and similar petty cash items in connection with theWork.


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i. The costs of premiums for all bonds and insurance Contractor is required by the ContractDocuments to purchase and maintain.

B. Costs Excluded: The term Cost of the Work shall not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (ofpartnerships and sole proprietorships), general managers, safety managers, engineers,architects, estimators, attorneys, auditors, accountants, purchasing and contractingagents, expediters, timekeepers, clerks, and other personnel employed by Contractor,whether at the Site or in Contractor’s principal or branch office for generaladministration of the Work and not specifically included in the agreed upon schedule ofjob classifications referred to in Paragraph 11.01.A.1 or specifically covered byParagraph 11.01.A.4, all of which are to be considered administrative costs covered bythe Contractor’s fee.

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office atthe Site.

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capitalemployed for the Work and charges against Contractor for delinquent payments.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly orindirectly employed by any of them or for whose acts any of them may be liable,including but not limited to, the correction of defective Work, disposal of materials orequipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item notspecifically and expressly included in Paragraphs 11.01.A.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s feeshall be determined as set forth in the Agreement. When the value of any Work covered by aChange Order or when a Claim for an adjustment in Contract Price is determined on the basis ofCost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuantto Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof inaccordance with generally accepted accounting practices and submit in a form acceptable toEngineer an itemized cost breakdown together with supporting data.

11.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in theContract Documents and shall cause the Work so covered to be performed for such sums and bysuch persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances:

1. Contractor agrees that:


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a. the cash allowances include the cost to Contractor (less any applicable trade discounts) ofmaterials and equipment required by the allowances to be delivered at the Site, and allapplicable taxes; and

b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,profit, and other expenses contemplated for the cash allowances have been included inthe Contract Price and not in the allowances, and no demand for additional payment onaccount of any of the foregoing will be valid.

C. Contingency Allowance:

1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner tocover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineerto reflect actual amounts due Contractor on account of Work covered by allowances, and theContract Price shall be correspondingly adjusted.

11.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract Price will be deemed to include for all Unit Price Work an amount equal tothe sum of the unit price for each separately identified item of Unit Price Work times theestimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for thepurpose of comparison of Bids and determining an initial Contract Price. Determinations of theactual quantities and classifications of Unit Price Work performed by Contractor will be madeby Engineer subject to the provisions of Paragraph 9.07.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate tocover Contractor’s overhead and profit for each separately identified item.

D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordancewith Paragraph 10.05 if:

1. the quantity of any item of Unit Price Work performed by Contractor differs materiallyand significantly from the estimated quantity of such item indicated in the Agreement;and

2. there is no corresponding adjustment with respect to any other item of Work; and

3. Contractor believes that Contractor is entitled to an increase in Contract Price as a resultof having incurred additional expense or Owner believes that Owner is entitled to adecrease in Contract Price and the parties are unable to agree as to the amount of anysuch increase or decrease.


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ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in theContract Price shall be based on written notice submitted by the party making the Claim to theEngineer and the other party to the Contract in accordance with the provisions of Paragraph10.05.

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in theContract Price will be determined as follows:

1. where the Work involved is covered by unit prices contained in the Contract Documents,by application of such unit prices to the quantities of the items involved (subject to theprovisions of Paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the ContractDocuments, by a mutually agreed lump sum (which may include an allowance foroverhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or

3. where the Work involved is not covered by unit prices contained in the ContractDocuments and agreement to a lump sum is not reached under Paragraph 12.01.B.2, onthe basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus aContractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).

C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:

1. a mutually acceptable fixed fee; or

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of thevarious portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shallbe 15 percent;

b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a feeand no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b isthat the Subcontractor who actually performs the Work, at whatever tier, will be paid afee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid afee of five percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4,11.01.A.5, and 11.01.B;

e. the amount of credit to be allowed by Contractor to Owner for any change which resultsin a net decrease in cost will be the amount of the actual net decrease in cost plus a


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deduction in Contractor’s fee by an amount equal to five percent of such net decrease;and

f. when both additions and credits are involved in any one change, the adjustment inContractor’s fee shall be computed on the basis of the net change in accordance withParagraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

12.02 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment inthe Contract Times shall be based on written notice submitted by the party making the Claim tothe Engineer and the other party to the Contract in accordance with the provisions of Paragraph10.05.

B. Any adjustment of the Contract Times covered by a Change Order or any Claim for anadjustment in the Contract Times will be determined in accordance with the provisions of thisArticle 12.

12.03 Delays

A. Where Contractor is prevented from completing any part of the Work within the Contract Timesdue to delay beyond the control of Contractor, the Contract Times will be extended in an amountequal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts orneglect by Owner, acts or neglect of utility owners or other contractors performing other work ascontemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.

B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner ascontemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, orinterferes with the performance or progress of the Work, then Contractor shall be entitled to anequitable adjustment in the Contract Price or the Contract Times, or both. Contractor’sentitlement to an adjustment of the Contract Times is conditioned on such adjustment beingessential to Contractor’s ability to complete the Work within the Contract Times.

C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,abnormal weather conditions, acts of God, acts or failures to act of utility owners not under thecontrol of Owner, or other causes not the fault of and beyond control of Owner and Contractor,then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustmentis essential to Contractor’s ability to complete the Work within the Contract Times. Such anadjustment shall be Contractor’s sole and exclusive remedy for the delays described in thisParagraph 12.03.C.

D. Owner, Engineer, and their officers, directors, members, partners, employees, agents,consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, ordamages (including but not limited to all fees and charges of engineers, architects, attorneys, andother professionals and all court or arbitration or other dispute resolution costs) sustained byContractor on or in connection with any other project or anticipated project.


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E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delayswithin the control of Contractor. Delays attributable to and within the control of a Subcontractoror Supplier shall be deemed to be delays within the control of Contractor.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OFDEFECTIVE WORK

13.01 Notice of Defects

A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will begiven to Contractor. Defective Work may be rejected, corrected, or accepted as provided in thisArticle13.

13.02 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner,independent testing laboratories, and governmental agencies with jurisdictional interests willhave access to the Site and the Work at reasonable times for their observation, inspection, andtesting. Contractor shall provide them proper and safe conditions for such access and advisethem of Contractor’s safety procedures and programs so that they may comply therewith asapplicable.

13.03 Tests and Inspections

A. Contractor shall give Engineer timely notice of readiness of the Work for all requiredinspections, tests, or approvals and shall cooperate with inspection and testing personnel tofacilitate required inspections or tests.

B. Owner shall employ and pay for the services of an independent testing laboratory to perform allinspections, tests, or approvals required by the Contract Documents except:

1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;

2. that costs incurred in connection with tests or inspections conducted pursuant toParagraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and

3. as otherwise specifically provided in the Contract Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)specifically to be inspected, tested, or approved by an employee or other representative of suchpublic body, Contractor shall assume full responsibility for arranging and obtaining suchinspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer therequired certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connectionwith any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance ofmaterials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in


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the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable toOwner and Engineer.

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered byContractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,uncover such Work for observation.

F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unlessContractor has given Engineer timely notice of Contractor’s intention to cover the same andEngineer has not acted with reasonable promptness in response to such notice.

13.04 Uncovering Work

A. If any Work is covered contrary to the written request of Engineer, it must, if requested byEngineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense.

B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer orinspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, orotherwise make available for observation, inspection, or testing as Engineer may require, thatportion of the Work in question, furnishing all necessary labor, material, and equipment.

C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising outof or relating to such uncovering, exposure, observation, inspection, and testing, and ofsatisfactory replacement or reconstruction (including but not limited to all costs of repair orreplacement of work of others); and Owner shall be entitled to an appropriate decrease in theContract Price. If the parties are unable to agree as to the amount thereof, Owner may make aClaim therefor as provided in Paragraph 10.05.

D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase inthe Contract Price or an extension of the Contract Times, or both, directly attributable to suchuncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If theparties are unable to agree as to the amount or extent thereof, Contractor may make a Claimtherefor as provided in Paragraph 10.05.

13.05 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitablematerials or equipment, or fails to perform the Work in such a way that the completed Work willconform to the Contract Documents, Owner may order Contractor to stop the Work, or anyportion thereof, until the cause for such order has been eliminated; however, this right of Ownerto stop the Work shall not give rise to any duty on the part of Owner to exercise this right for thebenefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or anysurety for, or employee or agent of any of them.


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13.06 Correction or Removal of Defective Work

A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether ornot fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove itfrom the Project and replace it with Work that is not defective. Contractor shall pay all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other disputeresolution costs) arising out of or relating to such correction or removal (including but notlimited to all costs of repair or replacement of work of others).

B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,Contractor shall take no action that would void or otherwise impair Owner’s special warrantyand guarantee, if any, on said Work.

13.07 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as maybe prescribed by the terms of any applicable special guarantee required by the ContractDocuments) or by any specific provision of the Contract Documents, any Work is found to bedefective, or if the repair of any damages to the land or areas made available for Contractor’s useby Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is foundto be defective, Contractor shall promptly, without cost to Owner and in accordance withOwner’s written instructions:

1. repair such defective land or areas; or

2. correct such defective Work; or

3. if the defective Work has been rejected by Owner, remove it from the Project and replaceit with Work that is not defective, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to thework of others or other land or areas resulting therefrom.

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in anemergency where delay would cause serious risk of loss or damage, Owner may have thedefective Work corrected or repaired or may have the rejected Work removed and replaced. Allclaims, 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 disputeresolution costs) arising out of or relating to such correction or repair or such removal andreplacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor.

C. In special circumstances where a particular item of equipment is placed in continuous servicebefore Substantial Completion of all the Work, the correction period for that item may start torun from an earlier date if so provided in the Specifications.

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected orremoved and replaced under this Paragraph 13.07, the correction period hereunder with respect


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to such Work will be extended for an additional period of one year after such correction orremoval and replacement has been satisfactorily completed.

E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation orwarranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or awaiver of, the provisions of any applicable statute of limitation or repose.

13.08 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner maydo so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to allfees and charges of engineers, architects, attorneys, and other professionals and all court orarbitration or other dispute resolution costs) attributable to Owner’s evaluation of anddetermination to accept such defective Work (such costs to be approved by Engineer as toreasonableness) and for the diminished value of the Work to the extent not otherwise paid byContractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’srecommendation of final payment, a Change Order will be issued incorporating the necessaryrevisions in the Contract Documents with respect to the Work, and Owner shall be entitled to anappropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor asprovided in Paragraph 10.05. If the acceptance occurs after such recommendation, anappropriate amount will be paid by Contractor to Owner.

13.09 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correctdefective Work, or to remove and replace rejected Work as required by Engineer in accordancewith Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with theContract Documents, or if Contractor fails to comply with any other provision of the ContractDocuments, Owner may, after seven days written notice to Contractor, correct, or remedy anysuch deficiency.

B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceedexpeditiously. In connection with such corrective or remedial action, Owner may excludeContractor from all or part of the Site, take possession of all or part of the Work and suspendContractor’s services related thereto, take possession of Contractor’s tools, appliances,construction equipment and machinery at the Site, and incorporate in the Work all materials andequipment stored at the Site or for which Owner has paid Contractor but which are storedelsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enableOwner to exercise the rights and remedies under this Paragraph.

C. All claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or otherdispute resolution costs) incurred or sustained by Owner in exercising the rights and remediesunder this Paragraph 13.09 will be charged against Contractor, and a Change Order will beissued incorporating the necessary revisions in the Contract Documents with respect to theWork; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties


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are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor asprovided in Paragraph 10.05. Such claims, costs, losses and damages will include but not belimited to all costs of repair, or replacement of work of others destroyed or damaged bycorrection, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in theperformance of the Work attributable to the exercise by Owner of Owner’s rights and remediesunder this Paragraph 13.09.

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis forprogress payments and will be incorporated into a form of Application for Payment acceptable toEngineer. Progress payments on account of Unit Price Work will be based on the number ofunits completed.

14.02 Progress Payments

A. Applications for Payments:

1. At least 20 days before the date established in the Agreement for each progress payment(but not more often than once a month), Contractor shall submit to Engineer for reviewan Application for Payment filled out and signed by Contractor covering the Workcompleted as of the date of the Application and accompanied by such supportingdocumentation as is required by the Contract Documents. If payment is requested on thebasis of materials and equipment not incorporated in the Work but delivered and suitablystored at the Site or at another location agreed to in writing, the Application for Paymentshall also be accompanied by a bill of sale, invoice, or other documentation warrantingthat Owner has received the materials and equipment free and clear of all Liens andevidence that the materials and equipment are covered by appropriate property insuranceor other arrangements to protect Owner’s interest therein, all of which must besatisfactory to Owner.

2. Beginning with the second Application for Payment, each Application shall include anaffidavit of Contractor stating that all previous progress payments received on account ofthe Work have been applied on account to discharge Contractor’s legitimate obligationsassociated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be as stipulated in theAgreement.

B. Review of Applications:

1. Engineer will, within 10 days after receipt of each Application for Payment, eitherindicate in writing a recommendation of payment and present the Application to Owneror return the Application to Contractor indicating in writing Engineer’s reasons for


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refusing to recommend payment. In the latter case, Contractor may make the necessarycorrections and resubmit the Application.

2. Engineer’s recommendation of any payment requested in an Application for Paymentwill constitute a representation by Engineer to Owner, based on Engineer’s observationsof the executed Work as an experienced and qualified design professional, and onEngineer’s review of the Application for Payment and the accompanying data andschedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subjectto an evaluation of the Work as a functioning whole prior to or upon SubstantialCompletion, the results of any subsequent tests called for in the Contract Documents, afinal determination of quantities and classifications for Unit Price Work under Paragraph9.07, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to havebeen fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to haverepresented that:

a. inspections made to check the quality or the quantity of the Work as it has beenperformed have been exhaustive, extended to every aspect of the Work in progress, orinvolved detailed inspections of the Work beyond the responsibilities specificallyassigned to Engineer in the Contract Documents; or

b. there may not be other matters or issues between the parties that might entitle Contractorto be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommendingpayments nor Engineer’s recommendation of any payment, including final payment, willimpose responsibility on Engineer:

a. to supervise, direct, or control the Work, or

b. for the means, methods, techniques, sequences, or procedures of construction, or thesafety precautions and programs incident thereto, or

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’sperformance of the Work, or

d. to make any examination to ascertain how or for what purposes Contractor has used themoneys paid on account of the Contract Price, or

e. to determine that title to any of the Work, materials, or equipment has passed to Ownerfree and clear of any Liens.


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5. Engineer may refuse to recommend the whole or any part of any payment if, inEngineer’s opinion, it would be incorrect to make the representations to Owner stated inParagraph 14.02.B.2. Engineer may also refuse to recommend any such payment or,because of subsequently discovered evidence or the results of subsequent inspections ortests, revise or revoke any such payment recommendation previously made, to suchextent as may be necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, or completed Work has been damaged, requiring correction orreplacement;

b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work or complete Work in accordancewith Paragraph 13.09; or

d. Engineer has actual knowledge of the occurrence of any of the events enumerated inParagraph 15.02.A.

C. Payment Becomes Due:

1. Ten days after presentation of the Application for Payment to Owner with Engineer’srecommendation, the amount recommended will (subject to the provisions of Paragraph14.02.D) become due, and when due will be paid by Owner to Contractor.

D. Reduction in Payment:

1. Owner may refuse to make payment of the full amount recommended by Engineerbecause:

a. claims have been made against Owner on account of Contractor’s performance orfurnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor hasdelivered a specific bond satisfactory to Owner to secure the satisfaction and discharge ofsuch Liens;

c. there are other items entitling Owner to a set-off against the amount recommended; or

d. Owner has actual knowledge of the occurrence of any of the events enumerated inParagraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

2. If Owner refuses to make payment of the full amount recommended by Engineer, Ownerwill give Contractor immediate written notice (with a copy to Engineer) stating thereasons for such action and promptly pay Contractor any amount remaining afterdeduction of the amount so withheld. Owner shall promptly pay Contractor the amountso withheld, or any adjustment thereto agreed to by Owner and Contractor, whenContractor remedies the reasons for such action.


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3. Upon a subsequent determination that Owner’s refusal of payment was not justified, theamount wrongfully withheld shall be treated as an amount due as determined byParagraph 14.02.C.1 and subject to interest as provided in the Agreement.

14.03 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered byany Application for Payment, whether incorporated in the Project or not, will pass to Owner nolater than the time of payment free and clear of all Liens.

14.04 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notifyOwner and Engineer in writing that the entire Work is substantially complete (except for itemsspecifically listed by Contractor as incomplete) and request that Engineer issue a certificate ofSubstantial Completion.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make aninspection of the Work to determine the status of completion. If Engineer does not consider theWork substantially complete, Engineer will notify Contractor in writing giving the reasonstherefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner atentative certificate of Substantial Completion which shall fix the date of SubstantialCompletion. There shall be attached to the certificate a tentative list of items to be completed orcorrected before final payment. Owner shall have seven days after receipt of the tentativecertificate during which to make written objection to Engineer as to any provisions of thecertificate or attached list. If, after considering such objections, Engineer concludes that theWork is not substantially complete, Engineer will, within 14 days after submission of thetentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, afterconsideration of Owner’s objections, Engineer considers the Work substantially complete,Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitivecertificate of Substantial Completion (with a revised tentative list of items to be completed orcorrected) reflecting such changes from the tentative certificate as Engineer believes justifiedafter consideration of any objections from Owner.

D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer willdeliver to Owner and Contractor a written recommendation as to division of responsibilitiespending final payment between Owner and Contractor with respect to security, operation, safety,and protection of the Work, maintenance, heat, utilities, insurance, and warranties andguarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer inwriting prior to Engineer’s issuing the definitive certificate of Substantial Completion,Engineer’s aforesaid recommendation will be binding on Owner and Contractor until finalpayment.

E. Owner shall have the right to exclude Contractor from the Site after the date of SubstantialCompletion subject to allowing Contractor reasonable access to remove its property andcomplete or correct items on the tentative list.


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14.05 Partial Utilization

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantiallycompleted part of the Work which has specifically been identified in the Contract Documents, orwhich Owner, Engineer, and Contractor agree constitutes a separately functioning and usablepart of the Work that can be used by Owner for its intended purpose without significantinterference with Contractor’s performance of the remainder of the Work, subject to thefollowing conditions:

1. Owner at any time may request Contractor in writing to permit Owner to use or occupyany such part of the Work which Owner believes to be ready for its intended use andsubstantially complete. If and when Contractor agrees that such part of the Work issubstantially complete, Contractor, Owner, and Engineer will follow the procedures ofParagraph 14.04.A through D for that part of the Work.

2. Contractor at any time may notify Owner and Engineer in writing that Contractorconsiders any such part of the Work ready for its intended use and substantially completeand request Engineer to issue a certificate of Substantial Completion for that part of theWork.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shallmake an inspection of that part of the Work to determine its status of completion. IfEngineer does not consider that part of the Work to be substantially complete, Engineerwill notify Owner and Contractor in writing giving the reasons therefor. If Engineerconsiders that part of the Work to be substantially complete, the provisions of Paragraph14.04 will apply with respect to certification of Substantial Completion of that part of theWork and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior tocompliance with the requirements of Paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof iscomplete, Engineer will promptly make a final inspection with Owner and Contractor and willnotify Contractor in writing of all particulars in which this inspection reveals that the Work isincomplete or defective. Contractor shall immediately take such measures as are necessary tocomplete such Work or remedy such deficiencies.

14.07 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all correctionsidentified during the final inspection and has delivered, in accordance with the ContractDocuments, all maintenance and operating instructions, schedules, guarantees, bonds,certificates or other evidence of insurance, certificates of inspection, marked-up recorddocuments (as provided in Paragraph 6.12), and other documents, Contractor may makeapplication for final payment following the procedure for progress payments.


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2. The final Application for Payment shall be accompanied (except as previously delivered)by:

a. all documentation called for in the Contract Documents, including but not limited to theevidence of insurance required by Paragraph 5.04.B.6;

b. consent of the surety, if any, to final payment;

c. a list of all Claims against Owner that Contractor believes are unsettled; and

d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lienrights arising out of or Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and asapproved by Owner, Contractor may furnish receipts or releases in full and an affidavitof Contractor that: (i) the releases and receipts include all labor, services, material, andequipment for which a Lien could be filed; and (ii) all payrolls, material and equipmentbills, and other indebtedness connected with the Work for which Owner might in anyway be responsible, or which might in any way result in liens or other burdens onOwner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplierfails to furnish such a release or receipt in full, Contractor may furnish a bond or othercollateral satisfactory to Owner to indemnify Owner against any Lien.

B. Engineer’s Review of Application and Acceptance:

1. If, on the basis of Engineer’s observation of the Work during construction and finalinspection, and Engineer’s review of the final Application for Payment andaccompanying documentation as required by the Contract Documents, Engineer issatisfied that the Work has been completed and Contractor’s other obligations under theContract Documents have been fulfilled, Engineer will, within ten days after receipt ofthe final Application for Payment, indicate in writing Engineer’s recommendation ofpayment and present the Application for Payment to Owner for payment. At the sametime Engineer will also give written notice to Owner and Contractor that the Work isacceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will returnthe Application for Payment to Contractor, indicating in writing the reasons for refusingto recommend final payment, in which case Contractor shall make the necessarycorrections and resubmit the Application for Payment.

C. Payment Becomes Due:

1. Thirty days after the presentation to Owner of the Application for Payment andaccompanying documentation, the amount recommended by Engineer, less any sumOwner is entitled to set off against Engineer’s recommendation, including but not limitedto liquidated damages, will become due and will be paid by Owner to Contractor.

14.08 Final Completion Delayed

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and ifEngineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment


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(for Work fully completed and accepted) and recommendation of Engineer, and withoutterminating the Contract, make payment of the balance due for that portion of the Work fullycompleted and accepted. If the remaining balance to be held by Owner for Work not fullycompleted or corrected is less than the retainage stipulated in the Agreement, and if bonds havebeen furnished as required in Paragraph 5.01, the written consent of the surety to the payment ofthe balance due for that portion of the Work fully completed and accepted shall be submitted byContractor to Engineer with the Application for such payment. Such payment shall be madeunder the terms and conditions governing final payment, except that it shall not constitute awaiver of Claims.

14.09 Waiver of Claims

A. The making and acceptance of final payment will constitute:

1. a waiver of all Claims by Owner against Contractor, except Claims arising fromunsettled Liens, from defective Work appearing after final inspection pursuant toParagraph 14.06, from failure to comply with the Contract Documents or the terms ofany special guarantees specified therein, or from Contractor’s continuing obligationsunder the Contract Documents; and

2. a waiver of all Claims by Contractor against Owner other than those previously made inaccordance with the requirements herein and expressly acknowledged by Owner inwriting as still unsettled.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a periodof not more than 90 consecutive days by notice in writing to Contractor and Engineer which willfix the date on which Work will be resumed. Contractor shall resume the Work on the date sofixed. Contractor shall be granted an adjustment in the Contract Price or an extension of theContract Times, or both, directly attributable to any such suspension if Contractor makes aClaim therefor as provided in Paragraph 10.05.

15.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the ContractDocuments (including, but not limited to, failure to supply sufficient skilled workers orsuitable materials or equipment or failure to adhere to the Progress Schedule establishedunder Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s repeated disregard of the authority of Engineer; or


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4. Contractor’s violation in any substantial way of any provisions of the ContractDocuments.

B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after givingContractor (and surety) seven days written notice of its intent to terminate the services ofContractor:

1. exclude Contractor from the Site, and take possession of the Work and of allContractor’s tools, appliances, construction equipment, and machinery at the Site, anduse the same to the full extent they could be used by Contractor (without liability toContractor for trespass or conversion);

2. incorporate in the Work all materials and equipment stored at the Site or for whichOwner has paid Contractor but which are stored elsewhere; and

3. complete the Work as Owner may deem expedient.

C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receiveany further payment until the Work is completed. If the unpaid balance of the Contract Priceexceeds all claims, costs, losses, and damages (including but not limited to all fees and chargesof engineers, architects, attorneys, and other professionals and all court or arbitration or otherdispute resolution costs) sustained by Owner arising out of or relating to completing the Work,such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed suchunpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, anddamages incurred by Owner will be reviewed by Engineer as to their reasonableness and, whenso approved by Engineer, incorporated in a Change Order. When exercising any rights orremedies under this Paragraph, Owner shall not be required to obtain the lowest price for theWork performed.

D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated ifContractor begins within seven days of receipt of notice of intent to terminate to correct itsfailure to perform and proceeds diligently to cure such failure within no more than 30 days ofreceipt of said notice.

E. Where Contractor’s services have been so terminated by Owner, the termination will not affectany rights or remedies of Owner against Contractor then existing or which may thereafteraccrue. Any retention or payment of moneys due Contractor by Owner will not releaseContractor from liability.

F. If and to the extent that Contractor has provided a performance bond under the provisions ofParagraph 5.01.A, the termination procedures of that bond shall supersede the provisions ofParagraphs 15.02.B and 15.02.C.

15.03 Owner May Terminate For Convenience

A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause andwithout prejudice to any other right or remedy of Owner, terminate the Contract. In such case,Contractor shall be paid for (without duplication of any items):


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1. completed and acceptable Work executed in accordance with the Contract Documentsprior to the effective date of termination, including fair and reasonable sums for overheadand profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services andfurnishing labor, materials, or equipment as required by the Contract Documents inconnection with uncompleted Work, plus fair and reasonable sums for overhead andprofit on such expenses;

3. all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration orother dispute resolution costs) incurred in settlement of terminated contracts withSubcontractors, Suppliers, and others; and

4. reasonable expenses directly attributable to termination.

B. Contractor shall not be paid on account of loss of anticipated profits or revenue or othereconomic loss arising out of or resulting from such termination.

15.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutivedays by Owner or under an order of court or other public authority, or (ii) Engineer fails to act onany Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 daysto pay Contractor any sum finally determined to be due, then Contractor may, upon seven dayswritten notice to Owner and Engineer, and provided Owner or Engineer do not remedy suchsuspension or failure within that time, terminate the Contract and recover from Owner paymenton the same terms as provided in Paragraph 15.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, ifEngineer has failed to act on an Application for Payment within 30 days after it is submitted, orOwner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractormay, seven days after written notice to Owner and Engineer, stop the Work until payment ismade of all such amounts due Contractor, including interest thereon. The provisions of thisParagraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses ordamage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.

ARTICLE 16 – DISPUTE RESOLUTION

16.01 Methods and Procedures

A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for adecision under Paragraph 10.05 before such decision becomes final and binding. The mediationwill be governed by the Construction Industry Mediation Rules of the American ArbitrationAssociation in effect as of the Effective Date of the Agreement. The request for mediation shallbe submitted in writing to the American Arbitration Association and the other party to theContract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.


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B. Owner and Contractor shall participate in the mediation process in good faith. The process shallbe concluded within 60 days of filing of the request. The date of termination of the mediationshall be determined by application of the mediation rules referenced above.

C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denialpursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days aftertermination of the mediation unless, within that time period, Owner or Contractor:

1. elects in writing to invoke any dispute resolution process provided for in theSupplementary Conditions; or

2. agrees with the other party to submit the Claim to another dispute resolution process; or

3. gives written notice to the other party of the intent to submit the Claim to a court ofcompetent jurisdiction.

ARTICLE 17 – MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice, it willbe deemed to have been validly given if:

1. delivered in person to the individual or to a member of the firm or to an officer of thecorporation for whom it is intended; or

2. delivered at or sent by registered or certified mail, postage prepaid, to the last businessaddress known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computedto exclude the first and include the last day of such period. If the last day of any such period fallson a Saturday or Sunday or on a day made a legal holiday by the law of the applicablejurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remediesavailable hereunder to the parties hereto are in addition to, and are not to be construed in anyway as a limitation of, any rights and remedies available to any or all of them which areotherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or byother provisions of the Contract Documents. The provisions of this Paragraph will be as effectiveas if repeated specifically in the Contract Documents in connection with each particular duty,obligation, right, and remedy to which they apply.

17.04 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or givenin accordance with the Contract Documents, as well as all continuing obligations indicated in the


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Contract Documents, will survive final payment, completion, and acceptance of the Work ortermination or completion of the Contract or termination of the services of Contractor.

17.05 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.

17.06 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts ofthese General Conditions.

Supplementary Conditions 00 73 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

00 73 00 SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement Section 00 72 00 – Standard General Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Council (EJCDC C-700, 2007 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not amended or supplemented in these Supplementary Conditions remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

ARTICLE 1: DEFINITIONS AND TERMINOLOGY

SC-1.01 DEFINED TERMS

A. Delete Paragraph 1.01.A.5 entirely and insert the following in its place:

“5. Bid – The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and schedule for the Work to be performed.”

B. Add a new Paragraph 1.01.A.52:

“52. Written Amendment – A written statement modifying the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.

SC-1.02 TERMINOLOGY

A. Add a new Paragraph 1.02.B.2 as follows:

“2. At no additional cost to Owner”, “With no extra compensation to Contractor”, “At Contractor’s own expense”, or similar words mean that the Contractor will perform or provide specified Work and that all cost for performing the Work is included in the Contract Price. “

B. Delete Paragraph 1.02.C and add the following:

“C. Day

1. A “calendar day” shall be a day of 24 hours measured from midnight to the next midnight, and is any day of the year, with no days being excluded.

2. A “working day” shall be a day which permits construction of the principal units of the Work for a period of not less than 7 hours between 7:00 a.m. and 6:00 p.m. Working days do not include days on which weather or other conditions not under the control of the Contractor prevent Contractor from working the seven hours defining a working day. Working days do not include Saturdays, Sundays or any of the following holidays: New Year, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Eve and Christmas Day.”

C. Add new Paragraphs 1.02.E.5 and 1.02.E.6 as follows:


“5. Specifications are written in modified brief style. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated.”

“6. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish”, “install”, “provide”, or similar words include the meaning of the phrase “The Contractor shall...” before these words.”

ARTICLE 2: PRELIMINARY MATTERS

SC-2.02 COPIES OF DOCUMENTS

A. Amend the first sentence of Paragraph 2.02.A by deleting “ten” and inserting “five.”

SC-2.05 BEFORE STARTING CONSTRUCTION

A. Add a new paragraph immediately after Paragraph 2.05.A.3:

“B. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which the Contractor may discover and shall obtain a written interpretation from the Engineer before proceeding with any Work affected thereby. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the Award of the Contract, the Contractor shall be deemed to have included the most expensive item in their Bid.”

ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

SC-3.01 INTENT

A. Add the following to Paragraph 3.01.A:

“Drawings and Specifications do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Provide any work, materials or equipment required for a complete and functional system even if they are not detailed or specified.

1. The Contract requirements described in the General Conditions, Supplementary Conditions and General Requirements apply to each and all Sections of the Specifications unless specifically noted otherwise.

2. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing Work among Subcontractors, or to establish the extent of Work to be performed by any trade, Subcontractor or Supplier. Specifications or details do not need to be indicated or specified in each specification or drawing. Items shown in the Contract Documents are applicable regardless of location in the Contract Documents.


3. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict specification text.”

B. Add new Paragraphs 3.01.D through 3.01.F as follows:

“D. Comply with the most stringent requirements where compliance with two or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise.

1. Quantity or quality level shown or indicated shall be the minimum to be provided or performed in every instance.

2. Actual installation must meet or exceed the minimum quality indicated.

3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements.

4. Refer instances of uncertainty to the Engineer for a decision before proceeding.”

“E. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications.”

“F. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by Field Order, Change Order or Written Amendment.”

SC-3.02 REFERENCE STANDARDS

A. Add a new Paragraph 3.02.B as follows:

“B. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than these referenced standards.

1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable.

2. Comply with standards not referenced but recognized in the construction industry as applicable for performance of the Work except as otherwise limited by the Contract Documents. The Engineer determines whether code or standard is applicable, or which of several are applicable.

3. Make copies of reference standards available as requested by Engineer or Owner.”


SC-3.03 REPORTING AND RESOLVING DISCREPANCIES


“3. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the Bidding of the Contract, the Contractor shall be deemed to have included the most expensive item, system, procedure, etc. in his Bid.”

SC-3.05 REUSE OF DOCUMENTS

A. Delete the last sentence of Paragraph 3.05.B entirely and insert the following in its place:

“B. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes, unless specifically prohibited in writing by the Owner for security reasons. If the Owner so directs, Contractor shall surrender all copies of the construction Contract Documents and other related documents, in paper or digital format and remove these documents from computer equipment or storage devices as a condition of final payment.”

ARTICLE 4: AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

SC-4.01 AVAILABILITY OF LANDS

A. Add the following to Paragraph 4.01.C:

“A copy of the written agreements for the use of such land shall be provided to the Owner for record purposes.”

SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS

A. Add the following new paragraphs immediately after Paragraph 4.02.B:

“C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner:

a. Parker County Transportation Bond Program- Pavement Recommendations January 18, 2010 – created by Kleinfelder

“D. The following drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) are known to Owner:

1. IH-20 Interchange with Ric Williamson Memorial Hwy plan set – existing utility sheets.

a. None of the contents of such drawings is “technical data” on which Contractor may rely.”


SC-4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

A. Amend Paragraph 4.03.A by deleting “promptly” and inserting “promptly but no later than within 3 days.”

SC-4.04 UNDERGROUND FACILITIES

A. Amend Paragraph 4.04.B.1 by deleting “promptly” and inserting “promptly but no later than within 3 days.”

SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE

A. Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following:

“A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner.”

B. Delete Paragraph 4.06.G entirely and insert the following in its place:

“G. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, OWNER SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR, SUBCONTRACTORS, AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION, PROVIDED THAT SUCH HAZARDOUS ENVIRONMENTAL CONDITION: (I) WAS NOT SHOWN OR INDICATED IN THE DRAWINGS OR SPECIFICATIONS OR IDENTIFIED IN THE CONTRACT DOCUMENTS TO BE INCLUDED WITHIN THE SCOPE OF THE WORK, AND (II) WAS NOT CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 4.06.G SHALL OBLIGATE OWNER TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE.”

C. Delete Paragraph 4.06.H entirely and insert the following in its place:

“H. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 4.06.H SHALL OBLIGATE CONTRACTOR TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE.”


ARTICLE 5: BONDS AND INSURANCE

SC-5.01 PERFORMANCE, PAYMENT AND OTHER BONDS

A. Amend Paragraph 5.01.A by deleting “These Bonds shall remain in effect at least until one year after the date…” and adding the following:

“These Bonds shall remain in effect at least until 2 years after that date….”

B. Add the following to Paragraph 5.01.C:

“Failure of the Contractor to provide a satisfactory replacement bond may be considered an event of default under Article 15, Paragraph 15.02.”

C. Add new paragraphs immediately after Paragraph 5.01.C:

“D. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond or payment bond. By Contractor furnishing and Owner accepting these bonds, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor under these bonds, subject to Owner’s priority to use the funds for the completion of the Work.”

“E. Contractor or surety on behalf of Contractor shall promptly notify the Owner of all claims filed against the Payment Bond. When a claimant has satisfied the conditions prescribed by Texas Government Code 2253, the Contractor or surety on behalf of Contractor shall, with reasonable promptness, notify the claimant and Owner of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Contractor or surety on behalf of Contractor shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Contractor or surety on behalf of Contractor to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Contractor or surety as to such claim or otherwise constitute a waiver of the Contractor’s or surety’s defenses to, or right to dispute, such claim.”

“F. Owner shall not be liable for payment of any costs or expenses of any claimant under Payment Bonds, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to claimants under Payment Bonds.”

“G. In addition to the Performance and Payment Bonds, Contractor shall provide a Maintenance Bond in the amount of [100] percent of the Contract Price. This bond is to become effective the date of the expiration of the one year correction period specified in Paragraph 13.07 for all or any part of the Project so designated in accordance with GC-14.04, and shall remain in effect for a period of [one] year after the expiration of the one-year correction period, except as provided otherwise by Laws or Regulations. Surety for the Maintenance Bond shall meet same requirements as for Performance and Payment Bonds set forth


in GC-5.01. Specific requirements for these Maintenance Bonds shall be as established in Section 01 78 20 “Maintenance Bond Requirements.”

“H. Contractor shall provide a Process Performance Bond in the full amount of the equipment cost as indicated in the amount shown for the equipment listed below and as described in the noted Section of the Specifications. This Bond is to become effective the date of Substantial Completion for the equipment so designated in accordance with GC-14.04, and shall remain in effect for a period of two years after the date of Substantial Completion, except as provided otherwise by Laws or Regulations. Surety for the Process Performance Bond shall meet the same requirements as for Performance and Payment Bonds set forth in GC-5.01. Specific requirements for these Process Performance Bonds shall be as established in the noted Section of the Specifications.”

Specification Section

Description of Equipment Bond Amount Bond Duration

SC-5.02 LICENSED SURETIES AND INSURERS


“B. Insurance companies providing insurance required by Contract Documents shall have a minimum rating of A-VIII according to A.M. Best Company.”

SC-5.03 CERTIFICATES OF INSURANCE

A. Delete Paragraph 5.03.B entirely.

SC-5.04 CONTRACTOR’S INSURANCE

A. The following additional information is provided as required by Paragraph 5.04 Contractor’s Liability Insurance

1. Worker’s Compensation and Employer’s Liability Insurance required by Paragraph 5.04 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Workers’ Compensation, etc.,

State Statutory

Applicable Federal (e.g., Longshore) Statutory

Employers’ Liability

Bodily Injury by Accident $500,000

Bodily Injury by Disease - Each Employee $500,000

Bodily Injury by Disease - Policy Limit $500,000

Maritime Coverage Endorsement


Insurance shall include a waiver of subrogation in favor of the Additional Insured identified in Paragraph 5.04.E

2. Contractor’s Liability Insurance required by Paragraph 5.04 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

Insurance for Claims of Damages General Aggregate (Except Products - Completed Operations)

$1,000,000 / Occurrence $2,000,000 / Aggregate

Products - Completed Operations Aggregate $1,000,000 / Occurrence $2,000,000 / Aggregate

Personal and Advertising Injury (One Person/Organization) $1,000,000

Each Occurrence (Bodily Injury and Property Damage) $1,000,000

Limit Per Person - Medical Expense $5000 Personal Injury Liability coverage will include claims arising out of Employment Practices Liability, limited to coverage provided under standard contract.

$1,000,000

Property Damage Liability insurance will provide explosion, collapse and underground coverage where applicable

$1,000,000

Watercraft Liability Policy. Coverage shall apply to all self-propelled vessels $1,000,000

Excess Liability, Umbrella Form to include coverage of Watercraft Liability. General Aggregate - Each Occurrence

$1,000,000

3. Contractor’s Liability Insurance shall also include completed operations and product liability coverage, and eliminate the exclusion with respect to property under the care, custody and control of Contractor. In lieu of elimination of the exclusion, Contractor may provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. The Installation Floater insurance shall be a broad form or “All Peril” policy providing coverage for all materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work.

a. Coverage under the Contractors Installation Floater will include:

1). Faulty or defective workmanship, materials, maintenance or construction.

2). Cost to remove defective or damaged Work from the Site or to protect it from loss or damage.

3). Cost to cleanup and remove pollutants.

4). Coverage for testing and startup.

5). Any loss to property while in transit.


6). Any loss at the Site.

7). Any loss while in storage, both on-site and off-site.

8). Any loss to temporary project works if their value is included in the Contract Price.

4. Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Contractor’s Installation Floater will provide limits of insurance adequate to cover the value of the installation. The Contractor will be solely responsible for any deductible carried under this coverage and claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. This policy will include a waiver of subrogation for those listed as additional insured in these Supplemental Conditions.

5. Contractor’s Automobile Liability Insurance required by Paragraph 5.04.A.6 is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Bodily Injury

Each Person $1,000,000

Each Accident $1,000,000

Property Damage

Each Accident, or $1,000,000

Combined Single Limit (Bodily Injury and Property Damage) $1,000,000

6. Additional insured on all insurance policies in accordance with Paragraph 5.04.B include:

a. Parker County

b. Freese and Nichols, Inc.

c. Brittain and Crawford

d. Kleinfelder and Assoicates

e. Gram Traffic

f. Transystems

g. Lee Engineering

h. Cox McLain Environmental Consulting

7. Contractor’s Contractual Liability Insurance required by Paragraph 5.04.B is to provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Contractor’s Contractual Liability Insurance

General Aggregate $1,000,000

Each Occurrence (Bodily Injury and Property Damage) $1,000,000


SC-5.05 OWNER’S LIABILITY INSURANCE

A. Delete Paragraph 5.05.A entirely and insert the following in its place:

“A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Contractor shall purchase and maintain for Owner, at no additional cost, Owner’s Protective Liability insurance naming Owner as the named insured with insurance that will protect said parties against claims which may arise from operations under the Contract Documents. This coverage shall be from the same company that provides Contractor’s liability insurance coverage, and in the same minimum amounts. The Engineer and Engineer’s consultants are additional insured as their interest may appear including their officers, directors, agents and employees.”

SC-5.06 PROPERTY INSURANCE

A. Delete Paragraph 5.06.A entirely and insert the following in its place; Subparagraphs 1 through 7 shall remain:

“A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to deductible amounts as may be provided by the Supplementary Conditions or required by Laws and Regulations). The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph 5.06 shall comply with requirements of Paragraph 5.08. This insurance shall:”

B. Amend Paragraph 5.06.A.4 by inserting the following language after the word “Work” in the second line:

“and in transit for incorporation in the Work from such storage locations”

C. Delete Paragraph 5.06.B entirely and insert the following in its place:

“B. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of those listed as an insured or listed as an additional insured in Paragraph SC-5.04.E.”

D. Delete Paragraph 5.06.D entirely.

E. Delete Paragraph 5.06.E entirely.

SC-5.07 WAIVER OF RIGHTS


SC-5.08 RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

A. Delete Paragraph 5.08 entirely.

SC-5.11 OWNER’S INSURANCE FOR PROJECT

A. Add a new Paragraph 5.11 as follows:

“5.11 Owner’s Insurance for Project


A. Owner shall not be responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Contractor shall determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this Contract whether or not said losses are covered by insurance. The acceptance of certificates or other evidence of insurance by the Owner, Engineer, and/or others listed as additional insured in Paragraph SC-5.04.E that in any respect do not comply with the Contract requirements does not release the Contractor from compliance herewith.”

ARTICLE 6: CONTRACTOR’S RESPONSIBILITIES

SC-6.05 SUBSTITUTES AND “OR-EQUALS”

A. Delete Paragraph 6.05.A and insert the following in its place:

“A. Where equipment and products are specified by name, no substitutes or “or-equal” will be considered or approved unless the term “or-equal” is included in the individual Specification. If substitutes or “or equals” are specifically permitted for consideration by the individual Specifications, they must be submitted and will be reviewed and evaluated in accordance with the provisions established in Paragraph 6.05 and in the General Requirements of the Specifications.”

B. Subparagraphs 6.05.A.1 and 6.05.A.2 remain intact.

C. Amend Paragraph 6.05.C by deleting the fourth sentence and inserting the following in its place:

“No “or-equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order or Field Order.”

D. Amend Paragraph 6.05.E by deleting the word “substitute” in all locations and replacing it with the phrase “substitute or “or-equal”“.

SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. Amend Paragraph 6.06.B by deleting the words “Supplementary Conditions” and inserting the words “Contract Documents” it their place.

B. Add a new Paragraph 6.06.H as follows:

“H. Owner or Engineer may furnish to any such Subcontractor, Supplier, or other person or organization, to the extent practicable, information about amounts paid to Contractor in accordance with Contractor’s Application for Payment on account of the particular Subcontractor’s, Supplier’s, other person’s or other organization’s Work.”

SC-6.07 PATENT FEES AND ROYALTIES

A. Delete Paragraph 6.07.B entirely and insert the following in its place:


“B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, OWNER SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR, AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS, AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE SPECIFIED IN THE CONTRACT DOCUMENTS, BUT NOT IDENTIFIED AS BEING SUBJECT TO PAYMENT OF ANY LICENSE FEE OR ROYALTY TO OTHERS REQUIRED BY PATENT RIGHTS OR COPYRIGHTS.”

B. Delete Paragraph 6.07.C entirely and insert the following in its place:

“C. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE NOT SPECIFIED IN THE CONTRACT DOCUMENTS.”

SC-6.09 LAWS AND REGULATIONS

A. Delete Paragraph 6.09.B and insert the following in its place:

“B. If Contractor performs any Work that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work.”

B. Add a new Paragraph 6.09.D as follows:

“D. All Bidders are required to complete and submit with their Bid the Vendor Compliance to State Law form, which follows the proposal.”

C. Add a new Paragraph 6.09.E. Definitions included in this paragraph pertain only to this paragraph which is included verbatim in accordance with Texas Administrative Code §110.110(c)(7). The paragraph is to read as follows:

“E. Workers' Compensation Insurance Coverage.

1. Definitions:


a. 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 (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project for the duration of the project.

b. 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 governmental entity.

c. Persons providing services on the project (“subcontractor” in 406.096) – 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, without limitation, 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.

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.

3. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

4. 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 governmental entity showing that coverage has been extended.

5. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

a. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

b. No later than seven 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.


6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 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.

8. The contractor shall post 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.

9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

a. 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;

b. 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;

c. 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;

d. Obtain from each other person with whom it contracts, and provide to the contractor:

1). A certificate of coverage, prior to the other person beginning work on the project; and

2). A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

e. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

f. notify the governmental entity in writing by certified mail or personal delivery, within 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


g. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.

10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity 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.

11. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

SC-6.10 TAXES


“The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall comply with all statutes and rulings of the State Comptroller.”

SC-6.11 USE OF SITE AND OTHER AREAS


“3. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR OCCUPANT AGAINST OWNER, ENGINEER, OR ANY OTHER PARTY INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED BY OR BASED UPON CONTRACTOR’S PERFORMANCE OF THE WORK.”

SC-6.16 EMERGENCIES

A. Amend Paragraph 6.16.A by deleting the third sentence and inserting the following in its place:

“If Engineer determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is


required because of the action taken by Contractor in response to such an emergency, a Change Order, Field Order or Work Change Directive will be issued.”

SC-6.17 SHOP DRAWINGS AND SAMPLES

A. Delete Paragraph 6.17.C.3 entirely and insert the following in its place:

“3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents on a Shop Drawing Deviation Request form provided by the Engineer and request that a Field Order or Change Order be issued for each of the specific variations submitted for approval. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation.”

B. Delete Paragraph 6.17.D.3 entirely and insert the following in its place:

“3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation issuing a Field Order or Change Order. If the proposed modification is approved by the Engineer, the submittal will be considered to be in strict compliance with the Contract Documents and it will be reviewed in accordance with the Contract Documents. If the proposed Modification is not approved, the submittal will be returned to the Contractor with appropriate comments. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1.”

C. Delete Paragraph 6.17.E.1 entirely and insert the following in its place:

“1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Re-submittals shall reference and respond directly to Engineer’s previous comments. Any variations from strict compliance with the Contract Documents will be identified in the same manner as required in Paragraph 6.17.C.3 and will require the same approvals.”

D. Add the following new paragraphs immediately after Paragraph 6.17.E:

“F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than two submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, Samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time.”

“G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor.”


SC-6.18 CONTINUING THE WORK


“Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents.”

SC-6.20 INDEMNIFICATION

A. Delete Paragraph 6.20.A entirely and insert the following in its place:

“A. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS, OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM BUT ONLY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE.”

B. Delete Paragraph 6.20.C entirely.

ARTICLE 7: OTHER WORK AT SITE

SC-7.03 LEGAL RELATIONSHIPS


ARTICLE 9: ENGINEER’S STATUS DURING CONSTRUCTION

SC-9.03 PROJECT REPRESENTATIVE

A. Add the following new paragraphs immediately after Paragraph 9.03.A:

“B. The Resident Project Representative (RPR) will be Engineer’s employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR’s dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall:


1. Schedules: Review the Progress Schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability.

2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other Project-related meetings, and prepare and circulate copies of minutes thereof.

3. Liaison:

a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-site operations.

c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer.

5. Shop Drawings and Samples:

a. Record date of receipt of Samples and approved Shop Drawings.

b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination.

6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer.

7. Review of Work and Rejection of Defective Work:

a. Conduct on-site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor’s Work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of Work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

8. Inspections, Tests, and System Startups:


a. Verify that tests, equipment, and systems startups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups.

9. Records:

a. Record names, addresses, fax numbers, e-mail addresses, website locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

b. Maintain records for use in preparing project documentation.

10. Reports:

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor.

c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition.

11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, Operation and Maintenance Manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.

13. Completion:

a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected.

b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied.


c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work.”

“C. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s Work unless such advice or directions are specifically required by the Contract Documents.

5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.

8. Authorize Owner to occupy the Project in whole or in part.”

SC-9.04 AUTHORIZED VARIATIONS IN WORK


“The Contractor shall notify the Engineer in writing prior to beginning any Work addressed in a Field Order if the Contractor does not agree that the Work involved represents no additional cost and/or time change in the Contract Documents.”

ARTICLE 10: CHANGES IN THE WORK; CLAIMS

SC-10.03 EXECUTION OF CHANGE ORDERS


“B. Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents unless the variation is specifically approved by Change Order.”

SC-10.05 CLAIMS

A. Amend Paragraph 10.05.B by deleting “30” and inserting “7” in its place and by deleting “60” and inserting “30” in its place.


ARTICLE 11: COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC-11.01 COST OF THE WORK

A. Amend Paragraph 11.01.A by deleting the following words in the third sentence:

“those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:”

and insert the following in its place:

“those paid for the Work included in the Contract Price, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. Contractor shall provide certified payroll records listing personnel classifications and salaries for all individuals involved in additional Work. Salaries for those not included in the certified payroll will be considered as being compensated under Paragraph 11.01.B, and shall include only the following items:”

B. Amend Paragraph 11.01.A.1 by deleting the following words in the second sentence:

“without limitation superintendents, foreman”

and inserting the following in its place:

“one foreman (unless agreed upon prior to beginning Work)”

C. Amend Paragraph 11.01.A.1 by deleting the following words in the last sentence:

“be included in the above”

and inserting the following in its place:

“not exceed 1.5 times regular pay and shall be included in the above”

D. Amend Paragraph 11.01.B.1 by adding “superintendents” to the list of excluded personnel in the first sentence:

E. Amend Paragraph 11.01.D by inserting “and at intervals” in the last sentence as shown below:

“.....and submit in a form and at intervals acceptable to Engineer ...”

SC-11.03 UNIT PRICE WORK

A. Delete Paragraph 11.03.D entirely and insert the following in its place:

“D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

1. If the total cost of a particular item of Unit Price Work amounts to twenty percent (20%) or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than twenty percent (20%) from the estimated quantity of such item indicated in the Agreement; and

2. If there is no corresponding adjustment with respect to any other item of Work; and


3. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the Unit Price, either the Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variation in the quantity of the Unit Price Work performed.”

ARTICLE 12: CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

SC-12.03 DELAYS


“No time extensions will be allowed for weather conditions for Projects using calendar days for the Contract Time.”

SC-12.04 NO DAMAGE FOR DELAYS


“12.04 No Damage for Delays

A. The Contractor agrees to make no claims for damage for delay in the performance of the Contract occasioned by any act or omission to act of the Owner, Engineer, or any of the Engineer’s or Owner’s agents, and agrees that any such claim shall be fully compensated by an extension of time, as set forth in a Change Order, to complete performance of the Work as provided herein.”

ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

SC-13.03 TESTS AND INSPECTIONS

A. Delete Paragraph 13.03.B entirely and insert the following in its place:

“B. Employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The Contractor is solely responsible for maintaining that the quality of Work is in accordance with the Contract Documents. The Contractor shall be responsible for the notification and scheduling required assuring that a certified technician from the testing laboratory is present during all sampling and testing procedures required in the Contract Documents. The Contractor shall not proceed with construction work requiring such testing without the presence of the laboratory’s certified technician. The Owner, at his option, may perform additional tests as quality monitoring. Quality monitoring activities of the Owner and Engineer, or failure on the part of the Owner or Engineer to perform tests on constructed works, in no way relieves the Contractor of the obligation to perform Work and furnish materials conforming to the Contract Documents.

1 Contractor’s Responsibilities:


a. Control the quality of Work produced and verify that the Work performed meets the standards of quality established in the Contract Documents.

1). Inspect and verify conformance of all materials furnished and Work performed, whether by the Contractor, its Subcontractors or its Suppliers.

2). Provide and pay for the services of a testing laboratory approved by Owner to insure that products proposed for use fully comply with the Contract Documents.

3). Perform tests as indicated in this and other Sections of the Specifications. Schedule the time and sequence of testing with the Owner and Engineer. Testing is to be observed by the Owner, Engineer, or designated representative.

4). Promptly replace any defective materials and/or construction work incorporating defective materials or workmanship.

5). Provide Certified Test Reports as required by the submittals Section. Reports are to indicate that materials and construction are in compliance with the Contract Documents.

b. Assist the Engineer, Owner, and Owner’s testing organization to perform quality monitoring activities.

2. Quality Monitoring Activities by the Owner:

a. Quality Monitoring activities of the Owner and Engineer through their own forces or through contracts with materials testing laboratories and survey crews are for the Owner’s use in monitoring the results of the Contractor’s Work and quality control activities, if deemed necessary by the Owner and Engineer. The Quality Monitoring activities of the Owner do not relieve the Contractor of its responsibility to provide testing in accordance with the requirements of the Contract Documents or to provide materials and construction work complying with the Contract Documents.

3. Submittals:

a. Submittals shall be accordance with the submittals Section, and shall include:

1). The name of the proposed primary and secondary testing laboratories along with documentation of qualifications, a list of tests that can be performed, and a list of the certified laboratory technicians and the licensed engineers who will be performing the sampling and testing for the Construction Work along with their certifications and licenses.

2). Test reports per Paragraph 7, Test Reports, of this supplementary condition.

4. Standards:


a. Provide a testing laboratory that complies with the ASTM (American Society of Testing Materials) and/or ACIL (American Council of Independent Laboratories) “Recommended Requirements for Independent Laboratory Qualifications”, or other specified testing organizations.

b. Perform tests listed in the Specifications.

5. Delivery and Storage:

a. Handle and protect test specimens of products and construction materials at the Site in accordance with ASTM or other applicable testing procedures.

6. Verification Testing:

a. Provide verification testing when tests performed by the Owner indicate that materials or the results of construction activities are not in conformance with Contract Documents.

b. Verification testing is to be provided at the Contractor’s expense to verify products or constructed works are in compliance after corrections have been made.

c. Tests must comply with recognized methods or with methods recommended by the Owner’s testing laboratory and approved by the Engineer.

7. Test Reports:

a. Test reports are to be prepared for all tests.

1). Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following:

a). Name of the Owner, project title and number, equipment installer and general contractor.

b). Name of the laboratory, address, and telephone number.

c). Name and signature of the certified laboratory personnel performing the sampling and testing.

d). Date and time of sampling, inspection, and testing.

e). Date the report was issued.

f). Description of the test performed.

g). Weather conditions and temperature at time of test or sampling.

h). Location at the Site or structure where the test was taken.

i). Standard or test procedure used in making the test.

j). A description of the results of the test.


k). Statement of compliance or non-compliance with Contract Documents.

l). Interpretations of test results, if appropriate.

b. Distribute copies of the test reports to:

Recipient No. of Copies

Owner 2 copies

Resident Project Representative 1 copy

Engineer 1 copy

Contractor 1 copy

8. Non-Conforming Work:

a. Contractor shall promptly correct any Work that is not in compliance with the Contract Documents and shall immediately notify the Owner when the corrective work will be performed.

b. Payment for non-conforming Work shall be withheld until such Work is corrected or replaced with Work complying with the Contract Documents.”

SC-13.07 CORRECTION PERIOD

A. Amend Paragraph 13.07.A by adding:

“When early acceptance of a Substantially Completed portion of the Work is accomplished in the manner indicated, the correction period for that portion of the Work shall commence at the time of substantial completion of that Work.”

ARTICLE 14: PAYMENTS TO CONTRACTOR AND COMPLETION

SC-14.01 PROGRESS PAYMENTS

A. Amend Paragraph 14.02.C.1 by deleting “Ten” and inserting “Thirty” in its place.

B. Amend Paragraph 14.02.D.1 by deleting “or” in Paragraph 14.02.D.1.c and adding new paragraphs “e”, “f”, “g”, and “h” as follows:

“e. Owner has been notified of failure to make payments to Subcontractors or Suppliers or for labor, or”

“f. failure to submit up-to-date record documents as required by GC-6.12, or”

“g. failure to submit monthly Progress Schedule updates or revised schedules as requested by the Owner or Engineer, or”

“h. failure to provide project photographs required by the Specifications.”

C. Amend Paragraph 14.02.D.2 by adding “to Owner’s satisfaction.”


D. Amend Paragraph 14.02.D.3 by deleting “and subject to interest as provided in the Agreement.”

E. Add a new Paragraph 14.02.D.4 as follows:

“4. Owner may permanently withhold payment from Contract Price for:

a. liquidated damages incurred by Contractor, or

b. compensation for Engineer for overtime charges of Resident Project Representative, third review of submittals, review of substitutions, re-inspection fees, inspections or designs related to correction of defective Work, or other Services identified as requiring payment by the Contractor. Compensation will be based on the following rates:

Position Hourly Rate

Principal in Charge $210.00

Project Manager $150.00

Project Engineer $120.00

Construction Manager $140.00

Resident Engineer $120.00

Resident Project Representative $120.00

Senior Resident Representative $150.00

Design Engineer $120.00

Engineering Technician $85.00

Clerk $70.00

Expenses will be billed at the actual cost multiplied by 1.15

c. Costs for tests performed by the Owner to verify that Work previously tested and found to be defective has been corrected. Verification testing is to be provided at the Contractor’s expense to verify products or constructed works are in compliance after corrections have been made.”

ARTICLE 15: SUSPENSION OF WORK AND TERMINATION

SC-15.01 OWNER MAY TERMINATE FOR CAUSE

A. Add a new Paragraph 15.02.A.5 as follows:

“5. If Contractor fails to provide the replacement bond required by General Conditions, Section 5.01.C or insurance coverage as required by General Conditions Article 5 and as amended by Supplemental Conditions.”

B. Add a new Paragraph 15.02.A.6 as follows:

“6. If any petition of bankruptcy is filed by or against Contractor, or if Contractor is adjudged as bankrupt or insolvent or makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of Contractor’s creditors, or if a receiver is appointed on account of Contractor’s insolvency, upon the


occurrence of any such event, Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions hereof. Failure to comply with such request within 7 days of delivery of the request shall entitle Owner to terminate this agreement and to the accompanying rights set forth in Paragraphs 15.02 and 15.03 hereof. In all events pending receipt of adequate assurance of performance and actual performance in accordance therewith, Owner shall be entitled to proceed with the Work with its own forces or with other Contractors on a time and material or other appropriate basis. The cost of work by Owner or other contractors will be back charged against the Contract Sum hereof.”

C. Delete Paragraph 15.02.F entirely.

SC-15.04 CONTRACTOR MAY STOP WORK OR TERMINATE

A. Add a new Paragraph 15.04.C as follows:

“C. This Contract may not be assigned in whole or in part by the Contractor without the previous written consent of the Owner.”

ARTICLE 16: DISPUTE RESOLUTION

SC-16.01 METHODS AND PROCEDURES

A. Delete Paragraph 16.01 entirely and insert the following in its place:

“16.01 Methods and Procedures

A. Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Law.”

ARTICLE 17: MISCELLANEOUS

SC-17.02 COMPUTATION OF TIMES


“B. All references and conditions for a “calendar day contract” in the General Conditions and Supplementary Conditions shall apply for a “Fixed Date Contract.” A “Fixed Date Contract” is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the actual calendar days involved.

SC-17.07 INDEPENDENT CONTRACTOR


“17.06 Independent Contractor

A. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be


interpreted as a joint venture, partnership or formal business organization of any kind.”

B. Add a new Paragraph 17.07 as follows:

“17.07 Sovereign Immunity

A. The parties agree that the Owner has not waived it’s sovereign immunity by entering into and performing its obligations under this Agreement.”

C. Add a new Paragraph 17.08 as follows:

“17.08 Severability

A. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.”

D. Add a new Paragraph 17.09 as follows:

“17.09 Headings

A. The Article and paragraph headings in this Agreement are inserted for convenience only and do not constitute parts of these General Conditions or as a limitation of the scope of the particular section to which they refer. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.”

E. Add a new Paragraph 17.10 as follows:

“17.10 No Third Party Beneficiaries

A. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement.”

END OF SECTION

DIVISION 01 GENERAL REQUIREMENTS

Summary of Work 01 11 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 11 00 SUMMARY OF WORK

1.00 GENERAL

1.01 WORK INCLUDED

A. Construct Work as described in the Contract Documents.

1. Provide the materials, equipment, and incidentals required to make the Project completely and fully operable.

2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project.

3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation and all other Work required for a complete and operable Project.

4. Test and place the completed Project in operation.

5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in Contract Documents for the operation and maintenance of the Project.

6. Install Owner provided products and place in operation.

7. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer.

1.02 JOB CONDITIONS

A. The General Conditions, the Supplementary Conditions, and General Requirements apply to each Section of the Specifications.

B. Comply with all applicable state and local codes and regulations pertaining to the nature and character of the Work being performed.

1.03 DESCRIPTION OF WORK

A. Work is described in general, non-inclusive terms as:

1. The construction of an interchange at Ric Williamson Memorial Highway (RWMH) and IH-20 consisting of grading, paving, bridge, drainage, pavement marking, and signing.

1.04 WORK UNDER OTHER CONTRACTS

A. The following items of work are not included in this Contract, but may impact construction scheduling, testing, and startup:

1. Weatherford IH-20 ramp realignments between Old Dennis Rd and Bethel Rd.

B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Bid on the most expensive listing.

C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above.

1. Coordinate construction activities through the Owner.


2. Pay claims for damages which result from the late completion of the Project or any specified Milestones.

1.05 WORK BY OWNER

A. The Owner plans to perform the following items of work which are not included in this Contract, but may impact construction scheduling, testing, and startup:

1. No work performed by Owner

B. Completion of the Work described in this Contract may impact the construction and testing of the items listed above.

1. Coordinate construction activities through the Owner.

2. Pay claims for damages which result from the late completion of the Project or any specified Milestones.

C. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated.

1.06 OWNER-SELECTED PRODUCTS

A. No Products Selected

1.07 OWNER-PROVIDED PRODUCTS

A. No Products Selected

1.08 CONSTRUCTION OF UTILITIES

A. Existing utilities will be used for this Project. Coordinate with others performing Work associated with this Project.

B. Power and Electrical Services:

1. Contractor shall provide permanent power connections for the Site through the power utility unless indicated otherwise in the Contract Documents.

2. Cost for providing permanent power shall be paid for by the Contractor.

3. Contractor is required to coordinate and cooperate with others performing this Work.

4. Power utility will provide the construction to the property line.

5. Provide conduit, conductors, pull boxes, manholes, and other appurtenances for the installation of power cable between the property line and the transformer and between the transformer and the main power switch.

6. Test conductors in accordance with Section 01 40 00 “Quality Requirements” and coordinate with the power utility to energize the system when ready.

7. Pay for temporary power, including but not limited to construction cost, meter connection, fees and permits.

8. When permanent power is available at the Site, the Contractor may use this power source in lieu of temporary power source previously used.


a. Notify Engineer and Owner of intent to use the permanent power source.

b. Arrange with the power utility and pay the charges for connections and monthly charges for use of this power.

9. Pay for the power consumed until the Project has been accepted as substantially complete.

C. Telephone Services:

1. Contractor shall provide permanent telephone service for the Site through the telephone utility.

2. Cost for providing permanent telephone service shall be paid for by the Contractor.

3. Coordinate and cooperate with others performing this Work.

4. Telephone company will provide construction to the property line.

5. Provide conduit, cable, pull boxes, manholes, and other appurtenances for the installation of telephone cable between the property line and the main telephone terminal board.

6. Test all cable and connections in accordance with Section 01 40 00 “Quality Requirements” and coordinate with the telephone utility to ring out all lines on the system when ready.

7. Pay for temporary service, including, but not limited to construction cost, telephones and equipment, connection fees and permit.

8. When permanent telephone is available at the Site, the Contractor may use this system in lieu of temporary lines previously used.

9. Notify Engineer and Owner of intent to use the permanent telephone system.

10. Arrange with the Telephone Utility and pay the charges for connections and monthly charges for use of this service.

11. Pay for the service until the Project has been accepted as substantially complete.

1.09 NOMINATED SUBCONTRACTOR

A. No subcontractors selected

1.10 OCCUPANCY

A. As soon as any portion of the structure and equipment are ready for use, the Owner shall have the right to occupy or operate that portion upon written notice to the Contractor.

B. Testing of equipment and appurtenances including specified test periods, training, and startup does not constitute acceptance for operation.

C. Owner may accept the facility for continued use after startup and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved Operation and Maintenance procedures.

D. The execution of bonds is understood to indicate the consent of the surety to these provisions.


E. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction.

F. Conduct operations to insure the least inconvenience to the Owner and general public.

2.00 PRODUCTS

2.01 MATERIALS

A. Provide materials and products per the individual Sections of the Specifications.

3.00 EXECUTION (NOT APPLICABLE)

END OF SECTION

Payment Procedures 01 29 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 29 00 PAYMENT PROCEDURES

1.00 GENERAL

1.01 WORK INCLUDED

A. Payments for Work shall conform to the provisions of the General Conditions, the Supplementary Conditions, the Agreement, and this Section. Apply provisions for payments in the Section to all Subcontractors and Suppliers.

B. Submit Applications for Payment at the amounts indicated in the Agreement:

1. Amounts for each item in the Agreement shall include but not be limited to cost for:

a. Mobilization, demobilization, cleanup, bonds, and insurance.

b. Professional services including but not limited to engineering and legal fees.

c. The products to be permanently incorporated into the Project.

d. The products consumed during the construction of the Project.

e. The labor and supervision to complete the Project.

f. The equipment, including tools, machinery, and appliances required to complete the Project.

g. The field and home office administration and overhead costs related directly or indirectly to the Project.

h. Any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures; removal and replacement of any poles, conduits, pipelines, fences, appurtenances and connections, cleaning up, overhead expense, bond, public liability and compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified.

2. Provide Work not specifically set forth as an individual payment item but required to provide a complete and functional system. These items are a subsidiary obligation of the Contractor and are to be included in the Cost of Work.

3. Payment will be made for materials on hand.

a. Store materials properly on-site per Section 01 31 00 “Project Management and Coordination.”

1). Payment will be made for the invoice amount less the specified retainage.

2). Provide invoices at the time materials are included on the materials-on-hand tabulation.

b. Provide documentation of payment for materials-on-hand with the next payment request. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the materials on hand tabulation if this documentation is not provided so payment will not be made.


c. Payment for materials-on-hand is provided for the convenience of the Contractor and does not constitute acceptance of the product.

4. The Work covered by progress payments becomes the property of the Owner at the time of payment.

1.02 SCHEDULE OF VALUES AND PAYMENTS

A. Submit a detailed Schedule of Values for the Work to be performed on the Project.

1. Submit schedule within 10 days prior to submitting the first Application for Payment.

2. Line items in the Agreement are to be used as line items in the schedule.

3. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section.

a. Payment amount is the Work quantity measured multiplied by the unit prices for that line item in the Agreement.

b. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents.

c. Partial payments will be made for lump sum line items in the Agreement.

1). Lump sum line items in the Agreement are to be divided into smaller unit prices to allow more accurate determination of the percentage of the item that has been completed.

a). Provide adequate detail to allow more accurate determination of the percentage of Work completed for each item.

b). Provide amounts for items that do not exceed $50,000.00. An exception may be made for equipment packages that cannot be subdivided into units or subassemblies.

c). Separate product costs and installation costs.

(1). Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the Subcontractor or Supplier.

(2). Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, star up, initial operation and overhead and profit.

d). Lump sum items may be divided into an estimated number of units.

(1). The estimated number of units times the cost per unit must equal the lump sum amount for that line item.

(2). Payment will be made for all of the lump sum line item amount.

e). Include a directly proportional amount of overhead and profit for each line item.

f). Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of Work completed for each item.


2). These line items may be used to establish the value of Work to be added or deleted from the Project.

3). Correlate line items with other administrative schedules and forms:

a). Progress schedule.

b). List of Subcontractors.

c). Schedule of allowances.

d). Schedule of alternatives.

e). List of products and principal Suppliers.

f). Schedule of Submittals.

4). Costs for mobilization shall be listed as a separate line item and shall be actual cost for:

a). Bonds and insurance.

b). Transportation and setup for equipment.

c). Transportation and/or erection of all field offices, sheds and storage facilities.

d). Salaries for preparation of submittals required before the first Application for Payment.

e). Salaries for field personnel assigned to the Project related to the mobilization of the Project.

(1). Mobilization may not exceed 3 percent of the total Contract Price. Cost for mobilization may be submitted only for Work completed.

5). The sum of all values listed in the schedule must equal the total Contract Price.

4. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. Schedule shall indicate:

a. The Application for Payment number.

b. Date the request is to be submitted.

c. Anticipated amount of payment to be requested.

5. Update the Schedule of Values quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment to the Contractor for the Work performed.

B. Provide written approval of the Schedule of Values, Application for Payment form, and method of payment by the Surety Company providing performance, and bonds prior to submitting the first Application for Payment. Payment will not be made without this approval.

1.03 PAYMENT PROCEDURES


A. Submit Applications for Payment per the procedures indicated in Section 01 33 00 “Submittal Procedures.” Submit a Schedule of Values in the Application for Payment format to be used.

B. Applications for Payment may be submitted on a pre-printed form as indicated in Section 01 31 13.13 “Forms” or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer.

1. Indicate the total Contract Price and the Work completed to date on the Tabulation of Values for Original Contract Performed (Attachment “A.”).

2. Include only approved Change Order items in the Tabulation of Extra Work on Approved Change Orders (Attachment “B.”).

3. List all materials on hand that are presented for payment on the Tabulation of Materials on Hand (Attachment “C.”) Once an item has been entered on the tabulation it is not to be removed.

4. Include the Project Summary Report (Attachment “D”) with each Application for Payment. Data included in the Project Summary Report are to be taken from the other tabulations. Include a completed summary as indicated in with each Applications for Payment submitted.

a. Number each application sequentially and indicate the payment period. Revised Applications for Payment will be resubmitted as A, B, C and so forth to note changes in content.

b. Show the total amounts for value of original Contract performed, extra Work on approved Change Orders, and materials on hand on the Project Summary Report. Show total amounts that correspond to totals indicated on the attached tabulation for each.

c. Note the number of pages in tabulations in the blank space on the Project Summary Report to allow a determination that all sheets have been submitted.

d. Execute Contractor’s certification by the Contractor’s agent of authority and notarize for each Application for Payment.

5. Do not alter the Schedule of Values and the form for the submission of requests without the written approval of the Engineer once these have been approved by the Engineer.

6. Final payment requires additional procedures and documentation per Section 01 70 00 “Execution and Closeout Requirements.”

C. Progress payments shall be made as the Work progresses on a monthly basis.

1. End the payment period on the day indicated in the Agreement and submit an Application for Payment for Work completed and materials received since the end of the last payment period.

2. At the end of the payment period, submit a draft copy of the Application for Payment for that month to the Engineer. Agreement is to be reached on:

a. The percentage of Work completed for each lump sum item.

b. The quantity of Work completed for each unit price item.


c. The percentage of Work completed for each approved Change Order item.

d. The amount of materials-on-hand.

3. On the basis of these agreements the Contractor is to prepare a final copy of the Application for Payment and submit it to the Engineer for approval.

4. The Engineer will review the Application for Payment and if appropriate will recommend payment of the application to the Owner.

D. Provide a revised and up-to-date Progress Schedule per Section 01 32 16 “Construction Progress Schedules” with each Application for Payment.

E. Provide Project photographs per Section 01 32 33 “Photographic Documentation” with final Application for Payment.

1.04 ALTERNATES AND ALLOWANCES

A. Include amounts for specified Alternate Work in the Agreement in accordance with Section 01 23 10 “Alternates and Allowances.”

B. Include amounts for specified Allowances for Work in the Agreement in accordance with Section 01 23 10 “Alternates and Allowances.”

1.05 MEASUREMENT PROCEDURES

A. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number and weight, unless otherwise specifically provided. No extra or customary measurements of any kind will be allowed.

1.06 BASIS OF PAYMENT

A. The Basis of Payment will be established in the Contract Documents.

2.00 PRODUCTS (NOT APPLICABLE)


END OF SECTION

Project Management and Coordination 01 31 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 31 00 PROJECT MANAGEMENT AND COORDINATION

1.00 GENERAL

1.01 WORK INCLUDED

A. Furnish equipment, manpower, products, and other items necessary to complete the Project with an acceptable standard of quality and within the Contract Time. Construct Project in accordance with current safety practices.

B. Manage Site to allow access to Site and control construction operations.

C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed.

D. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project.

E. Provide temporary controls for pollutions, management of water and management of excess earth as required in Section 01 57 00 “Temporary Controls.”

F. Cost for Project Management and Coordination as described in this Section are to be included in the Contract Price.

1.02 QUALITY ASSURANCE

A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents as determined by the Engineer and Owner.

B. Remove defective Work from the Site immediately unless provisions have been made and approved by the Engineer to allow repair of the product at the Site. Clearly mark the Work as "defective" until it is removed or allowable repairs have been completed.

1.03 SUBMITTALS

A. Provide submittals in accordance with Section 01 33 00 “Submittal Procedures.”

1. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. Maintain one copy of these documents at the Site until the Project is complete. Incorporate this information into submittals.

2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings.

1.04 STANDARDS

A. Perform Work to comply with local, state and federal ordinances and regulations.

B. Provide materials and equipment that has National Science Foundation 60/61 approval for use in potable water supply systems. Advise the Engineer of any material requirements in


these Contract Documents that conflict with National Science Foundation 60/61requirements.

1.05 PERMITS

A. Obtain a building permit for the Project from the local authorities having jurisdiction. Building permit fees will be waived by the Owner.

B. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license, including additional insurance requirements.

C. Obtain and pay for all other necessary permits including any and all necessary highway, street and road permits for transporting pipe and/or heavy equipment necessary for construction of the Project.

D. Obtain and pay for other permits necessary to conduct any part of the Work.

E. Arrange for inspections and certification by agencies having jurisdiction over the Work.

F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees.

1.06 SAFETY REQUIREMENTS

A. Assume sole responsibility for safety at the Site. Protect the safety and welfare of persons at the Site.

B. Provide safe access to move through the Site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the Site.

C. Comply with latest provisions of the Occupational Health and Safety Administration and other regulatory agencies in performing Work.

D. Cooperate with accident investigations related to the Site. Provide two copies of all reports, including insurance company reports, if requested by the Owner, prepared concerning accidents, injury, or death on the Site to the Engineer as Record Data per Section 01 33 00 “Submittal Procedures.”

1.07 COORDINATION

A. Coordinate the Work of various trades having interdependent responsibilities for installing, connecting to, and placing equipment in service.

B. Coordinate requests for substitutions to provide compatibility of space, operating elements, effect on the Work of other trades, and on the Work scheduled for early completion.

C. Coordinate the use of Project space and the sequence of installation of equipment, elevators, walks, mechanical, electrical, plumbing, or other Work that is indicated diagrammatically on the Drawings.

1. Follow routings shown for tubes, pipes, ducts, conduits, and other items as closely as practical, with due allowance for available physical space.

2. Utilize space efficiently to maximize accessibility for Owner’s maintenance and repairs.


3. Schematics are diagrammatic in nature. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document the actual routing on the Record Drawings.

D. Conceal ducts, pipes, wiring, and other non-finish items in finished areas, except as otherwise shown. Coordinate locations of concealed items with finish elements.

E. Coordinate with architectural reflected ceiling plans the exact location and dimensioning of items which occur within hung ceilings. Request clarification from the Engineer prior to proceeding with fabrication or installation if a conflict exists.

F. Schedule construction activities in sequence required to obtain best results where installation of one part of the Work is dependent on installation of other components, either before or after its own installation.

G. Make adequate provisions to accommodate items scheduled for later installation, including:

1. Accepted alternates.

2. Installation of products purchased with allowances.

3. Work by others.

4. Owner-supplied, Contractor-installed items.

H. Sequence, coordinate, and integrate the various elements of mechanical, electrical, and other systems, materials, and equipment. Comply with the following requirements:

1. Coordinate mechanical and electrical systems, equipment, and materials installation with other building components.

2. Verify all dimensions by field measurements.

3. Arrange for chases, slots, and openings in other building components during progress of construction.

4. Coordinate the installation of required supporting devices and sleeves to be set in cast-in-place concrete and other structural components, as they are constructed.

5. Install systems, materials, and equipment as permitted by codes to provide the maximum headroom possible where mounting heights are not detailed or dimensioned.

6. Coordinate the connection of systems with exterior underground and overhead utilities and services. Comply with the requirements of governing regulations, franchised service companies, and controlling agencies. Provide required connection for each service.

7. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to the greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document changes in the indicated routings on the Record Drawings.

8. Install systems, materials, and equipment level and plumb, parallel and perpendicular to other building systems and components.


9. Install systems, materials, and equipment to facilitate servicing, maintenance, and repair or replacement of components. As much as practical, connect for ease of disconnecting, with minimum of interference with other installations. Extend grease fittings to accessible locations.

10. Install access panel or doors where units are concealed behind finished surfaces.

11. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope.

1.08 CONTRACTOR’S USE OF SITE

A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the Engineer. Coordinate the use of the premises with the Engineer.

B. Repair or correct any damage to existing facilities, including contamination, caused by the Contractor’s personnel, visitors, materials, or equipment.

C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply.

D. Park construction equipment in designated areas only and provide spill control measures as discussed in Section 01 57 00 “Temporary Controls.”

E. Park employees’ vehicles in designated areas only.

F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner’s property, rights-of-way, or easements.

G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply.

H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped or soiled clothing to be worn on the Project.

I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons permanently and immediately from the Site.

1.09 ACCESS TO THE SITE

A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe temporary walks or other structures to allow access for normal operations during construction.

B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections.


C. Provide security at the Site as necessary to protect against vandalism and loss by theft.

D. Use state, county, or city roadways for construction traffic only with written approval of the appropriate representatives of each entity. State, county, or city roadways may not all be approved for construction traffic. Obtain written approval to use state, county, city or private roads to deliver pipe and/or heavy equipment to the Site. Copies of the written approvals must be furnished to the Owner as Record Data before Work begins. No additional compensation will be paid because the Contractor is unable to gain access to the easement from public roadways.

1.10 PROPERTY PROVISIONS

A. Make adequate provisions to maintain the flow of storm sewers, sanitary sewers, drains and water courses encountered during the construction. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not curtailed. Restore structures which may have been disturbed during construction to their original position as soon as construction in the area is completed.

B. Protect trees, fences, signs, poles, guy wires, and all other property unless their removal is authorized. Restore any property damaged to equal or better condition per Paragraph [1.11].

1.11 PROTECTION OF EXISTING STRUCTURES AND UTILITIES

A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report these to the Engineer before beginning construction.

B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per Section 01 35 00 “Special Procedures.” Coordinate Work with Contractor, local utility company and others. Include cost of demolition and replacement, restoration or relocation of these structures in the Cost of Work.

C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damage to items to be protected to the satisfaction of the Engineer, utility owner and Owner without additional compensation from the Owner.

D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless show in the Contract Documents or approved by the Engineer. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines or other obstructions. Include the cost of relocation and permits required to move existing utilities in the Cost of Work.

E. Protect existing trees and landscaping at the Site.

1. Visit Site with Engineer to identify trees that may be removed during construction.

2. Mark trees to be removed with paint.


3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment.

F. Protect buildings from damage when handling material or equipment. Protect finished surfaces, including floors, doors, and jambs. Remove doors and install temporary wood protective coverings over jambs.

1.12 DISRUPTION TO SERVICES / CONTINUED OPERATIONS

A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Disruptions to existing utilities, piping, process piping, or electrical services shall be kept to a minimum.

1. Do not restrict access to critical valves, operators, or electrical panels.

2. Do not store material or products inside structures.

3. Limit operations to the minimum amount of space needed to complete the specified Work.

4. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted.

B. Provide a Plan of Action in accordance with Section 01 35 00 “Special Procedures” if facilities must be taken out of operation.

1.13 FIELD MEASUREMENTS

A. Perform complete field measurements for products required to fit existing conditions prior to purchasing products or beginning construction.

B. Verify property lines, control lines, grades, and levels indicated on the Drawings.

C. Verify pipe class, equipment capacities, existing electrical systems and power sources for existing conditions.

D. Check Shop Drawings and indicate the actual dimensions available where products are to be installed.

E. Include field measurements in Record Drawings as required in Section 01 31 13 “Project Coordination.”

1.14 REFERENCE DATA AND CONTROL POINTS

A. The Engineer will provide the following control points:

1. Base line or grid reference points for horizontal control.

2. Benchmarks for vertical control.

3. Designated control points may be on an existing structure or monument.

B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Do not change or relocate points without prior


approval of the Engineer. Notify Engineer when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey.

C. Provide complete engineering layout of the Work needed for construction.

1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials.

2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision.

3. Record data and measurements per standards.

1.15 DELIVERY AND STORAGE

A. Deliver products and materials to the Site in time to prevent delays in construction.

B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed.

C. Deliver products that are too large to fit through openings to the Site in advance of the time enclosing walls and roofs are erected. Set in place, raised above floor on cribs.

D. Assume full responsibility for the protection and safekeeping of products stored at the Site.

E. Store products at locations acceptable to the Engineer and to allow Owner access to maintain and operate existing facilities.

F. Store products in accordance with the Supplier’s storage instructions immediately upon delivery. Leave seals and labels intact. Arrange storage to allow access for maintenance of stored items and for inspection. Store unpacked and loose products on shelves, in bins, or in neat groups of like items.

G. Obtain and pay for the use of any additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control and ventilation within the ranges stated in the Supplier’s instructions. Remove storage facilities at the completion of the Project.

H. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position.

I. Provide adequate exterior storage for products that may be stored out-of-doors.

1. Provide substantial platforms, blocking, or skids to support materials and products above ground; slope to provide drainage. Protect products from soiling or staining.


2. Cover products subject to dislocation or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering.

3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter.

4. Provide surface drainage to prevent erosion and ponding of water.

5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials.

6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure.

7. Store light weight products to prevent wind damage.

J. Protect and maintain mechanical and electrical equipment in storage.

1. Provide Supplier’s service instructions on the exterior of the package.

2. Service equipment on a regular basis as recommended by the Supplier. Maintain a log of maintenance services. Submit the log as Record Data at the completion of the Project.

3. Provide power to and energize space heaters for all equipment for which these devices are provided.

4. Provide temporary enclosures for all electrical equipment, including electrical systems on mechanical devices. Provide and maintain heat in the enclosures until equipment is energized.

K. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that:

1. Storage facilities continue to meet specified requirements.

2. Supplier’s required environmental conditions are continually maintained.

3. Surfaces of products exposed to the elements are not adversely affected.

L. Replace any stored item damaged by inadequate protection or environmental controls.

M. Payment may be withheld for any products not properly stored.

1.16 CLEANING DURING CONSTRUCTION

A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations.

B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible.


C. Comply with codes, ordinances, regulations, and anti-pollution laws. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private dumping areas.

1.17 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS

A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicle during all phases of construction unless the Owner approves a street closing. Submit a written request for Owner’s approval of a street closing. The request shall state:

1. The reason for closing the street.

2. How long the street will remain closed.

3. Procedures to be taken to maintain the flow of traffic.

4. Do not close public roads overnight.

B. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations.

C. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

D. Assume responsibility for any damage resulting from construction along roads or drives.

1.18 BLASTING

A. Blasting for excavations is not allowed.

1.19 ARCHAEOLOGICAL REQUIREMENTS

A. Cease operations immediately and contact the Owner for instructions if an historical or archaeological find is made during construction.

B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological Sites have been identified at the Site.

1. Obtain details for Working in these areas.

2. Maintain confidentiality regarding the Site.

3. Adhere to the requirements of the Texas Historical Commission.

4. Notify the Owner, Texas Water Development Board and the Texas Historical Commission.

C. Do not disturb Archaeological Sites.

1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis.

2. Coordinate activities to permit archaeological work to take place within the area.

a. Attempt to archaeologically clear areas needed for construction as soon as possible.

b. Provide a determination of priority for such areas.


D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the state or federal agencies for non-compliance with these requirements.

E. Contract Time will be modified to compensate for delays caused by such archaeological finds. No additional compensation shall be paid for delays.

1.20 CUTTING AND PATCHING

A. Perform cutting, fitting, and patching required to complete the Work or to:

1. Uncover Work to provide for installation of new Work or the correction of defective Work.

2. Provide routine penetrations of non-structural surfaces for installation of mechanical, electrical, and plumbing work.

3. Uncover Work that has been covered prior to observation by the Engineer.

B. Submit written notification to the Engineer in advance of performing any cutting which affects:

1. Work of any other Contractor or the Owner.

2. Structural integrity of any structure or system of the Project.

3. Integrity or effectiveness of weather exposed or moisture resistant structure or systems.

4. Efficiency, operational life, maintenance, or safety of any structure or system.

5. Appearance of any structure or surfaces exposed occasionally or constantly to view.

C. The notification shall include:

1. Identification of the Project.

2. Location and description of affected Work.

3. Reason for cutting, alteration, or excavation.

4. Effect on the Work of any separate contractor or Owner.

5. Effect on the structural or weatherproof integrity of the Project.

6. Description of proposed Work, including:

a. Scope of cutting, patching, or alteration.

b. Trades that will perform the Work.

c. Products proposed for use.

d. Extent of refinishing to be performed.

e. Cost proposal, when applicable.

7. Alternatives to cutting and patching.

8. Written authorization from any separate Contractor whose Work would be affected.

9. Date and time Work will be uncovered or altered.


D. Examine the existing conditions, including structures subject to damage or to movement during cutting or patching.

1. Inspect conditions affecting installation of products or performance of the Work after uncovering the Work.

2. Provide a written report of unacceptable or questionable conditions to the Engineer. The Contractor shall not proceed with the Work until Engineer has provided further instructions. Beginning the Work will constitute acceptance of existing conditions by the Contractor.

E. Protect the structure and other parts of the Work and provide adequate support to maintain the structural integrity of the affected portions of the Work. Provide devices and methods to protect adjacent Work and other portions of the Project from damage. Provide protection from the weather for portions of the Project that may be exposed by cutting and patching Work.

F. Execute cutting and demolition by methods which will prevent damage to other Work, and will provide proper surfaces to receive installation of repairs.

G. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances, and finishes.

H. Cut, remove, and legally dispose of selected mechanical equipment, components, and materials as indicated, including but not limited to, the removal of mechanical piping, heating units, plumbing fixtures and trim, and other mechanical items made obsolete by the modified Work.

I. Restore Work which has been cut or removed. Install new products to provide completed Work per the Contract Documents.

J. Fit Work air-tight to pipes, sleeves, ducts, conduit, and other penetrations through the surfaces. Where fire rated separations are penetrated, fill the space around the pipe or insert with materials with physical characteristics equivalent to fire resistance requirements of penetrated surface.

K. Patch finished surfaces and building components using new products specified for the original installation.

L. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes:

1. For continuous surfaces, refinish to the nearest intersection.

2. For an assembly, refinish the entire unit.

1.21 PRELIMINARY OCCUPANCY

A. Owner may deliver, install and connect equipment, furnishings, or other apparatus in buildings or other structures. These actions do not indicate acceptance of any part of the building or structure and does not affect the start of warranties or correction periods.

B. Protect the Owner’s property after installation is complete.

C. Owner or Engineer may use any product for testing or determine that the product meets the requirements of the Contract Documents. This use does not constitute acceptance by either


the Owner or Engineer. These actions do not indicate acceptance of any part of the product and does not affect the start of warranties or correction periods.

1.22 INITIAL MAINTENANCE AND OPERATION

A. Maintain equipment until the Project is accepted by the Owner. Ensure that mechanical equipment is properly maintained as recommended by the Supplier.

B. Do not operate air handling equipment unless filters are in place and are clean. Change filters weekly during construction.

C. Provide maintenance and startup services prior to acceptance of equipment, per Section 01 75 00 “Starting and Adjusting.”

D. Remove and clean screens and strainers in piping systems.

E. Clean insects from intake louver screens.

F. Provide documentation of maintenance and operations when Owner takes over operation and control of the Project.

1.23 ENDANGERED SPECIES RESOURCES

A. No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species.

B. If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable state statutes. These actions shall include reporting the encounter to the TWDB, the U. S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the Work to continue, or implement other mitigative actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner.

2.00 PRODUCTS

2.01 MATERIALS

A. Provide materials in accordance with the requirements of the individual Sections.

3.00 EXECUTION

3.01 PERFORMANCE OF WORK

A. Perform the Work per the Supplier’s published instructions. Do not omit any preparatory step or installation procedure unless specifically exempted or modified by Field Order.

END OF SECTION

Project Coordination 01 31 13 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 31 13 PROJECT COORDINATION

1.00 GENERAL

1.01 WORK INCLUDED

A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the Engineer or Owner.

1.02 SUBMITTALS

A. Provide submittals in accordance with Section 01 33 00 “Submittal Procedures.”

1.03 COMMUNICATION DURING THE PROJECT

A. The Engineer is to be the first point of contact for all parties on matters concerning this Project.

B. The Engineer will coordinate correspondence concerning:

1. Submittals, including Applications for Payment.

2. Clarification and interpretation of the Contract Documents.

3. Contract modifications.

4. Observation of Work and testing.

5. Claims.

C. The Engineer will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor.

D. Direct written communications to the Engineer at the address indicated at the Pre-construction Conference. Include the following with communications as a minimum:

1. Name of the Owner.

2. Project name.

3. Contract title.

4. Project number.

5. Date.

6. A reference statement.

E. Submit communications on the forms referenced in this Section or in Section 01 33 00 “Submittal Procedures.”

1.04 PROJECT MEETINGS

A. Pre-construction Conference:

1. Attend a pre-construction meeting.

2. The location of the conference will be determined by the Engineer.


3. The time of the meeting will be determined by the Engineer but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued.

4. The Owner, Engineer, representatives of utility companies, the Contractor’s project manager and superintendent, and representatives from major Subcontractors and Suppliers.

5. Provide and be prepared to discuss:

a. Preliminary construction schedule per Section 01 32 16 “Construction Progress Schedule.”

b. Preliminary submittal schedule per Section 01 33 00 “Submittal Procedures.”

c. Schedule of values and anticipated schedule of payments per Section 01 29 00 “Payment Procedures.”

d. List of Subcontractors and Suppliers.

e. Contractor’s organizational chart as it relates to this Project.

f. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications and payment requests.

6. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications and payment requests.

B. Progress Meetings:

1. Attend meetings with the Engineer and Owner.

a. Meet on a monthly basis or as requested by the Engineer to discuss the Project.

b. Meet at the Site or other location as designated by the Engineer.

c. Contractor’s superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters.

d. Notify the Engineer of any specific items to be discussed a minimum of 1 week prior to the meeting.

2. Provide information as requested by the Engineer or Owner concerning this Project. Prepare to discuss:

a. Status of overall Project schedule.

b. Contractor’s detailed schedule for the next month.

c. Anticipated delivery dates for equipment.

d. Coordination with the Owner.

e. Status of submittals.

f. Information or clarification of the Contract Documents.

g. Claims and proposed modifications to the Contract.

h. Field observations, problems, or conflicts.


i. Maintenance of quality standards.

3. Engineer will prepare minutes of meetings. Review the minutes of the meeting and notify the Engineer of any discrepancies within ten days of the date of the meeting memorandum. The minutes will not be corrected after the ten days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes.

C. Pre-submittal and Pre-installation Meetings:

1. Conduct pre-submittal and pre-installation meetings as required in the individual technical specifications or as determined necessary by the Engineer (for example, instrumentation, roofing, concrete mix design, etc.).

2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph [1.06] for the meeting 2 weeks before the meeting. Engineer and Owner must approve of the proposed time and location.

3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting.

4. Prepare minutes of the meeting and submit to the Engineer and Owner for review. Owner and Engineer will review the minutes of the meeting and notify the Contractor of any discrepancies within ten days of the date of the meeting memorandum. The minutes will not be corrected after the ten days have expired. Corrections will be reflected in a revised set of meeting minutes.

1.05 REQUESTS FOR INFORMATION

A. Submit Request for Information (RFI) to the Engineer to obtain additional information or clarification of the Contract Documents.

1. Submit a separate RFI for each item on the form provided by the Engineer.

2. Attach adequate information to permit a written response without further clarification. Engineer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information.

3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information.

B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents.

C. Engineer will initiate a Contract Modification Request per Paragraph [1.08] if the RFI indicates that a Contract modification is required.

D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in Accordance with Paragraph [1.06].

1.06 PROJECT ISSUES LOG


A. Engineer will maintain a Project issues log to document key decisions made at meeting and track action on these issues:

1. Review the log prior to each regular meeting.

2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the Engineer. Report on status of progress 1 week prior to each progress meeting established in Paragraph [1.04] to allow Engineer to update the log prior to the Progress meetings.

3. Be prepared to discuss the status at each meeting.

B. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Contract modification as an action items if appropriate. The Contract Documents can only be changed by a Change Order or Field Order.

1.07 NOTIFICATION BY CONTRACTOR

A. Notify the Engineer of:

1. Need for testing.

2. Intent to work outside regular working hours.

3. Request to shut down facilities or utilities.

4. Proposed utility connections.

5. Required observation by Engineer or inspection agencies prior to covering Work.

6. Training.

B. Provide notification a minimum of 2 weeks in advance in order to allow Owner and Engineer time to respond appropriately to the notification.

C. Use “Notification by Contractor” form provided by the Engineer.

1.08 REQUESTS FOR MODIFICATIONS

A. Submit a request to the Engineer for any change in the Contract Documents.

1. Use the “Contract Modification Request” (CMR) form provided by the Engineer.

2. Assign a number to the Contract Modification Request when issued.

3. Include with the Contract Modification Request:

a. A complete description of the proposed modification.

b. The reason the modification is requested.

c. A detailed breakdown of the cost of the change (necessary only if the modification requires a change in Contract Price). The itemized breakdown is to include:

1). List of materials and equipment to be installed.

2). Man hours for labor by classification.

3). Equipment used in construction.


4). Consumable supplies, fuels, and materials.

5). Royalties and patent fees.

6). Bonds and insurance.

7). Overhead and profit.

8). Field office costs.

9). Home office cost.

10). Other items of cost.

d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work.

e. Provide a revised schedule indicating the effect on the critical path for the Project and a statement of the number of days the Project may be delayed by the modification.

4. Submit a Contract Modification Request to the Engineer to request a field change.

5. A Contract Modification Request is required for all substitutions or deviations from the Contract Documents.

6. Engineer will evaluate the request for a Contract modification.

B. Owner will initiate changes through the Engineer.

1. Engineer will prepare a description of proposed modifications to the Contract Documents.

2. Engineer will use the Contract Modification Request form. Engineer will assign a number to the Contract Modification Request when issued.

3. Return the Contract Modification Request with a proposal to incorporate the requested change. Include a breakdown of costs into materials and labor in detail outline above to allow evaluation by the Engineer.

C. Engineer will issue a Field Order or a Change Order per the General Conditions if a contract modification is appropriate.

1. Modifications to the Contract can only be made by a Field Order or a Change Order.

2. Changes in the Project will be documented by a Field Order or by a Change Order.

3. Field Orders may be issued by the Engineer for Contract modifications that do not change the Contract Price or Contract Time.

4. Any modifications that require a change in Contract Price or Contract Time can only be approved by Change Order.

a. Proposals issued by the Contractor in response to a Contract Modification Request will be evaluated by the Engineer.

b. If a Change Order is recommended, the Engineer will prepare the Change Order.


c. The Change Order will be sent to the Contractor for execution with a copy to the Owner recommending approval.

d. Change Orders can only be approved by the Owner.

1). Work performed on the proposed Contract modifications prior to the approval of the Change Order will be performed at the Contractor’s risk.

2). No payment will be made for Work on Change Orders until approved by the Owner.

D. The Contractor may be informed that the Contract Modification Request is not approved and construction is to proceed in accordance with the Contract Documents.

1.09 RECORD DRAWINGS

A. Maintain at the Site one complete record copy of:

1. Drawings.

2. Specifications.

3. Addenda.

4. Contract modifications.

5. Approved Shop Drawings and Record Data.

6. One set of construction photographs.

7. Test records.

8. Clarifications and other information provided in Request for Information responses.

9. Reference standards.

B. Store documents and Samples in the Contractor’s field office.

1. Documents are to remain separate from documents used for construction. Do not use these documents for construction.

2. Provide files and racks for the storage of documents.

3. Provide a secure storage space for the storage of Samples.

4. Maintain documents in clean, dry, legible conditions, and in good order.

5. Make documents and Samples available at all times for inspection by the Engineer and Owner.

C. Marking Drawings:

1. Label each document as “Project Record” in large printed letters.

2. Record information as construction is being performed.

a. Do not conceal any Work until the required information is recorded.

b. Mark Drawings to record actual construction, including the following:

1). Depths of various elements of the foundation in relation to finished first floor datum or the top of walls.


2). Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction.

3). Location of internal utilities and appurtenances concealed in the construction. Refer measurements to permanent structure on the surface. Include the following equipment:

a). Piping.

b). Ductwork.

c). Equipment and control devices requiring periodic maintenance or repair.

d). Valves, unions, traps, and tanks.

e). Services entrance.

f). Feeders.

g). Outlets.

4). Changes of dimension and detail.

5). Changes made by Field Order and Change Order.

6). Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs.

c. Mark Specifications and Addenda to identify products provided.

1). Record product name, trade name, catalog number, and each Supplier (with address and phone number) of each product and item of equipment actually installed.

2). Record changes made by Field Order and Change Order.

d. Mark additional Work or information in erasable pencil.

1). Use red for new or revised indication.

2). Use purple for Work deleted or not installed (lines to be removed).

3). Highlight items constructed per the Contract Documents in yellow.

e. Submit record documents to Engineer for review and acceptance 30 days prior to final completion of the Project.

1). Provide one set of marked up Drawings.

2). Provide six sets of Specifications.

D. Applications for Payment will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without complete record documents.




END OF SECTION

Forms 01 31 13.13 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 31 13.13 FORMS

1.00 GENERAL

1.01 WORK INCLUDED

A. Use the forms shown in this Section for contract administration, submittals and documentation of test results. A disk with these forms in Microsoft Word or Excel will be provided to the Contractor before or at the pre-construction conference. Forms included are listed below:

B. Contract Administration Forms:

1. Request for Information.

2. Notification by Contractor.

3. Contractor’s Modification Request.

C. Application for Payment Forms:

1. Consent of Surety Company to Payment Procedures.

2. Application for Payment forms.

D. Submittal Forms:

1. Submittal Transmittal.

2. Shop Drawing Deviation Request.

3. Concrete Mix Design:

a. Attachment “A” – Basis for Mix Design – Field Strength Test Record.

b. Attachment “B” – Basis for Mix Design – Trial Mixture.

E. Project Closeout Forms:

1. Consent of Surety Company to Final Payment.

2. Consent of Surety Company to Reduction of or Partial Release of Retainage.

3. Contractor’s Affidavit of Payment of Debts and Claims.

4. Contractor’s Affidavit of Release of Liens.



END OF SECTION

Construction Progress Schedule 01 32 16 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 32 16 CONSTRUCTION PROGRESS SCHEDULE

1.00 GENERAL

1.01 REQUIREMENTS

A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project.

B. Provide schedule in adequate detail to allow Owner to monitor the Work progress, to anticipate the time and amount of Applications for Payment, and to relate submittal processing to sequential activities of the Work.

C. Incorporate and specifically designate the dates of anticipated submission of submittals and the dates when submittals must be returned to the Contractor into the schedule.

D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted.

E. Take all requirements of Section 01 35 00 “Special Procedures” into consideration when preparing schedule.

1.02 SUBMITTALS

A. Submit Progress Schedules in accordance with Section 01 33 00 “Submittal Procedures.” Submit schedules within the following times:

1. Preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference.

2. Detailed schedule at least 10 days prior to the first payment request.

B. Submit Progress Schedules with Applications for Payment. Schedules may be used to evaluate the Applications for Payment. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment.

1.03 SCHEDULE REQUIREMENTS

A. Schedule is to be in adequate detail to:

1. Assure adequate planning, scheduling, and reporting during the execution of the Work.

2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers.

3. Assist in monitoring the progress of the Work.

4. Assist in evaluating proposed changes to Contract Time and Project schedule.

5. Assist the Owner in review of Contractor’s Application for Payment.

B. Provide personnel with 5 years’ minimum experience in scheduling construction work comparable to this Project.

C. Provide the schedule in the form of a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The graph is to indicate:


1. Complete sequence of construction by activity.

2. Identification of the activity by structure, location, and type of Work.

3. Chronological order of the start of each item of Work.

4. The activity start and stop dates.

5. The activity duration.

6. Successor and predecessor relationships for each activity. Group related activities or use lines to indicate relationships.

7. A clearly indicated critical path. Indicate only one critical path on the schedule. The subsystem with the longest time of completion is the critical path where several subsystems each have a critical path. Float time is to be assigned to other subsystems.

8. Project percentage of completion, based on dollar value of the Work included in each activity to the last day of the pay period for each Application for Payment.

D. Submit a separate submittal schedule indicating the dates when the submittals are to be sent to the Engineer.

1. List specific dates submittal is to be sent to the Engineer.

2. List specific dates submittal must be processed in order to meet the proposed schedule.

3. Allow a reasonable time to review submittals, taking into consideration the size and complexity of the submittal, the submission of other submittals, and other factors that may affect review time.

4. Allow time for re-submission of the submittals for each item. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous submittals and for the time lost when submittals are submitted for products that do not meet the requirements of the Specifications.

E. Update the schedule at the end of each monthly partial payment period to indicate the progress made on the Project to that date.

1.04 SCHEDULE REVISIONS

A. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include:

1. Number of days Project is behind schedule.

2. Narrative description of the steps to be taken to bring the Project back on schedule.

3. Anticipated time required to bring the Project back on schedule.

4. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule.

B. Revise the schedule to indicate any adjustments in Contract Time approved by Change Order.

1. Revised schedule is to be included with Contract Modification Request for which an extension of time is requested.


2. Failure to submit a revised schedule indicates that the modification shall have no impact on the ability of the Contractor to complete the Project on time and that the cost associated with the change of additional plant or work force have been included in the cost proposed for the modification.

C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule.

D. Applications for Payment will not be recommended for payment without a revised schedule and if required, the report indicating the Contractor’s plan for bringing the Project back on schedule.

1.05 FLOAT TIME

A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule.

B. Float time is not for the exclusive use or benefit of either the Contractor or Owner.

C. Contract Time cannot be changed by the submission of this schedule. Contract Time can only be modified by approved Change Order.

D. Schedule completion date must be the same as the contract completion date. Time between the end of construction and the contract final completion date is to be indicated as float time.



END OF SECTION

Photographic Documentation 01 32 33 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 32 33 PHOTOGRAPHIC DOCUMENTATION

1.00 GENERAL

1.01 WORK INCLUDED

A. Provide one aerial photograph of the completed Project from an angle and height to include the entire Site.

B. All photographs provided under this Section and digital copies of these photographs are to become the property of the Owner. Photographs may not be used for publication, or public or private display without the written consent of the Owner.

C. Cost of Photographic Documentation is to be included in the Contractor Construction Phase fee.


A. Provide clear photographs taken with proper exposure. View photographs in the field and take new photographs immediately if photos of an adequate print quality cannot be produced. Provide photographs with adequate quality and resolution to permit enlargements.

1.03 SUBMITTALS

A. Submit Photographic Documentation as Record Data in accordance with Section 01 33 00 “Submittal Procedures.”

2.00 PRODUCTS

2.01 PHOTOGRAPHS

A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom.

B. Take photographs at locations acceptable to the Engineer.

C. Provide two color prints of each photograph and a digital copy of each photograph taken.

D. Identify each print on back with:

1. Project name.

2. Date, time, location, and orientation of the exposure.

3. Description of the subject of photograph.

E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph.

F. Final photographs are to include two 24-by-30-inch glossy color prints for each photograph selected by the Owner.


Photographic Documentation 01 32 33 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

END OF SECTION

Video and Photographic Documentation 01 32 34 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 32 34 VIDEO AND PHOTOGRAPHIC DOCUMENTATION

1.00 GENERAL

1.01 WORK INCLUDED

A. Provide a video recording of the Site prior to the beginning of construction.

1. Record the condition of all existing facilities in or abutting the construction area (right-of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc.

2. Record after construction staking is complete but prior to any clearing.

3. Provide one copy of the recording, dated and labeled to the Construction Manager before the start of construction. Provide additional recording as directed by the Construction Manager if the recording provided is not considered suitable for the purpose of recording pre-existing conditions.

B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project.

1. Provide a minimum of ten different views.

2. Photograph a panoramic view of the entire Site.

3. Photograph all significant areas of completed construction.

4. Completion photographs are not to be taken until all construction trailers, excess materials, trash and debris have been removed.

5. Employ a professional photographer approved by the Construction Manager to photograph the Project.

6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail.

C. All photographs, video recordings and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner.


A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements.

1.03 SUBMITTALS

A. Submit Photographic Documentation as Record Data in accordance with Section 01 33 00 “Submittal Procedures.”

B. Submit two DVDs of the video recording as Record Data in accordance with Section 01 33 00 “Submittal Procedures.”

Video and Photographic Documentation 01 32 34 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

2.00 PRODUCTS

2.01 PHOTOGRAPHS

A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom.

B. Take photographs at locations acceptable to the Construction Manager.

C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken.

D. Identify each print on back with:

1. Project name.

2. Date, time, location, and orientation of the exposure.

3. Description of the subject of photograph.

E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph.

F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the Owner. These photographs are in addition to normal prints.

2.02 VIDEO RECORDING

A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode.

B. Identify Project on video by audio or visual means.

C. Video file size should not exceed 400 MB.

D. Video resolution shall be 1080p.

E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area.

F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video.

G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted.


END OF SECTION

Submittal Procedures 01 33 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 33 00 SUBMITTAL PROCEDURES

1.00 GENERAL

1.01 WORK INCLUDED

A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner and Engineer to:

1. Record the products incorporated into the Project for the Owner.

2. Provide information for operation and maintenance of the Project.

3. Provide information for the administration of the Contract.

4. Allow the Engineer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents.

B. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the Engineer’s review of submittals. Contract modifications can only be approved by Change Order or Field Order.

1.02 CONTRACTOR’S RESPONSIBILITIES

A. Review and certify all submittals prior to submission.

B. Determine and verify:

1. Field measurements.

2. Field construction requirements.

3. Location of all existing structures, utilities and equipment related to the submittals.

4. Submittals are complete for their intended purpose.

5. Conflicts between the submittals related to the various Subcontractors and Suppliers have been resolved.

6. Quantities and dimensions shown on the submittals.

C. Submit information per the procedures described in this Section and the detailed Specifications.

D. Furnish the following submittals:

1. As specified in the attached Submittal Schedule.

2. Schedules, data and other documentation as described in detail in this Section or referenced in the General Conditions and Contract Documents.

3. Documentation required for the administration of the Contract per Section 01 31 13 “Project Coordination.”

4. Shop Drawings required for consideration of a contract modification per Paragraph [1.08].

5. Submittals as required in the detailed Specifications.

6. Submittals not required will be returned without Engineer’s review.


E. Submit a schedule indicating the date submittals will be sent to the Engineer and proposed dates that the product will be incorporated into the Project. Make submittals promptly in accordance with the schedule to cause no delay in the Project.

1. Send submittals to the Engineer allowing a reasonable time for delivery, review and marking submittals. Include time for review of a resubmission if necessary. Allow adequate time for the submittal review process, ordering, fabrication, and delivery of the product to not delay progress on the Project.

2. Schedule submittal to provide all information for interrelated Work at one time. No review will be performed on submittals requiring coordination with other submittals. Engineer will return submittals for resubmission as a complete package.

F. Submit information for all of the components and related equipment required for a complete and operational system in the same submittal.

1. Include electrical, mechanical, and other information required to indicate how the various components of the system function.

2. Provide certifications, warranties, and written guarantees with the submittal package for review when they are required.

3. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor’s risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the Owner’s option.

G. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Engineer.


A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting these criteria will be returned without review.

B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including Drawings and Specifications as modified by Addenda, Field Orders, and Change Orders.

C. Furnish and install products that fully comply with the information included in the submittal.

1.04 SUBMITTAL PROCEDURES

A. Submit an electronic copy of each submittal through the Project portal (website) provided by the Engineer. The Contractor will be provided access to log onto the website to post submittal documents and check the status of submittals.

1. The complete contents of each submittal, including associated drawings, Product Data, etc., shall be submitted in Portable Document Format (PDF.) Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 papers.


2. Create and submit color PDF documents where color is important to the evaluation of the submittal and / or where comments will be lost if only black and white PDF documents are provided. Submit Sample and color charts per Paragraph [1.04.H].

B. Transmit all submittals, with a properly completed Submittal Transmittal Form as provided by the Engineer.

1. Use a separate transmittal form for each specific product, class of material, and equipment system.

2. Submit items specified in different Sections of the Specifications separately unless they are part of an integrated system.

C. Assign a submittal number to the documents originated to allow tracking of the submittal during the review process.

1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows:

Prefix Description Originator

AP Application for Payment Contractor

CO Change Order Engineer

CMR Contract Modification Request Contractor

CTR Certified Test Report Contractor

EIR Equipment Installation Report Contractor

FO Field Order Engineer

NBC Notification by Contractor Contractor

O&M Operation & Maintenance Manuals Contractor

PD Photographic Documentation Contractor

RD Record Data Contractor

RFI Request for Information Contractor

SAM Sample Contractor

SD Shop Drawing Contractor

SCH Schedule of Progress Contractor

2. Issue sequence numbers in chronological order for each type of submittal.

3. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineer for processing. For example: “SD 025 A” represents shop drawing number 25 and the letter “A” designates this is the second time this submittal has been sent for review.

4. Clearly note the submittal number on each page or sheet of the submittal.

5. Correct assignment of numbers is essential since different submittal types are processed in different ways.


D. Submit documents with uniform markings.

1. Mark submittals to:

a. Highlight Contractor’s corrections in green.

b. Highlight items pertinent to the products being furnished in yellow and delete items that are not when the Supplier’s standard drawings or information sheets are provided.

c. Cloud items and highlight in yellow where selections by the Engineer or Owner are required.

d. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings.

e. Provide an 8-by-3-inch blank space for Contractor’s and Engineer’s stamp. Contractor may use a digital certification if this is preferred. The certification must bear a digital signature.

2. Define abbreviations and symbols used in Shop Drawings.

a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings.

b. Provide a list of abbreviations and their meaning as used in the Shop Drawings.

c. Provide a legend for symbols used on Shop Drawings.

E. Mark submittals to reference the Drawing number and/or Section of the Specifications, detail designation, schedule or location that corresponds with the data submitted. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used.

F. Deliver Samples required by the Specifications to the Site. Provide a minimum of two Samples.

G. Construct mock-ups from the actual products to be used in construction per detailed Specifications.

H. Submit color charts and Samples for every product requiring color, texture or finish selection.

1. Submit all color charts and Samples at one time.

2. Do not submit color charts and Samples until all Record Data have been submitted or Shop Drawings for the products have been approved.

3. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the schedule for construction of the Project.

I. Submit Contract Modification Request per Section 01 31 13 “Project Coordination” to request modifications to the Contract Documents.

1.05 REVIEW PROCEDURES

A. Shop Drawings are reviewed in the order received, unless Contractor request that a different priority be assigned.


B. Mark a submittal as “Priority” to place the review for this submittal ahead of submittals previously delivered. Priority submittals will be reviewed before other submittals for this Project which have been received but not reviewed. Use discretion in the use of “Priority” submittals as this may delay the review of submittals previously submitted. Revise the Schedule of Contractor’s Submittals for substantial deviations from the previous schedule.

C. Review procedures vary with the type of submittal as described in Paragraph [1.06].

1.06 SUBMITTAL REQUIREMENTS

A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection or installation of the product without additional detailed information from the Supplier.

1. Shop Drawings are requested so that the Engineer can:

a. Assist the Owner in selecting colors, textures or other aesthetic features.

b. Compare the proposed features of the product with the specified features so as to advise the Owner that the product does, in general, conform to the Contract Documents.

c. Compare the performance features of the proposed product with those specified so as to advise the Owner that it appears that the product will meet the designed performance criteria.

d. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents.

2. Certify on the Contractor’s stamp that the Contractor has reviewed the Shop Drawings and made all necessary corrections such that the products, when installed, will be in full compliance with the Contract Documents. Shop Drawings submitted without this certification will be returned without review.

3. Submit Shop Drawings for:

a. Products indicated in the submittal schedule following this Section.

b. When a substitution or equal product is proposed in accordance with Paragraph [1.08].

4. Include a complete description of the material or equipment to be furnished. Information is to include:

a. Type, dimensions, size, arrangement, model number, and operational parameters of the components.

b. Weights, gauges, materials of construction, external connections, anchors, and supports required.

c. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components.

d. All applicable standards such as ASTM or Federal Specification numbers.

e. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings.


f. Wiring and piping diagrams and related controls.

g. Mix designs for concrete, asphalt, or other materials proportioned for the Project.

h. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the submittal that the measurements represent actual dimensions obtained at the Site.

5. Provide all required statements of certification, guarantees, Extended Service Agreements, and other related documents with the Shop Drawing. The effective date of these documents shall be the date of acceptance of the Work by the Owner.

6. Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements.

a. Submittals that are reviewed will be returned with one or more of the following designations:

1). Approved: Submittal is found to be acceptable as submitted.

2). Approved as Noted: Submittal is acceptable with corrections or notations made by Engineer and may be used as corrected.

3). Revise and Resubmit: Submittal has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review.

4). Not Approved: Products are not acceptable.

b. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Revise and Resubmit.” These drawings are to be revised to provide a clean record of the submittal.

c. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with Contract Documents.

B. Certifications, Warranties and Service Agreements include documents as specified in the detailed Specifications, as shown in the submittal schedule or as follows:

1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications (refer to Section 01 40 00 “Quality Requirements.”).

2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or Supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate.

3. Extended Warranty (EW): A guarantee of performance for the product or system beyond the normal 1 year warranty described in the General Conditions. Issue the warranty certificate in the name of the Owner.


4. Extended Service Agreement (ESA): A contract to provide maintenance beyond that required to fulfill requirements for warranty repairs, or to perform routine maintenance for a definite period beyond the warranty period. Issue the service agreement in the name of the Owner.

5. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product’s intended use.

6. Certification of Applicator/Subcontractor (CSQ): A certified letter stating that the Applicator or Subcontractor proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product.

C. Submit Record Data to provide information to allow the Owner to adequately identify the products incorporated into the Project and allow replacement or repair at some future date.

1. Provide Record Data for all products per the submittal schedule. Record Data is not required for items for which Shop Drawings and/or operations and maintenance manuals are required.

2. Provide information only on the specified products. Submit a Contract Modification Request for approval of deviations or substitutions and obtain approval by Field Order or Change Order prior to submitting Record Data.

3. Provide the same information required for Shop Drawings.

4. Record Data will be received by the Engineer, logged, and provided to Owner for the Project record.

a. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Inadequate drawings may be returned as unacceptable.

b. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate.

D. Provide Samples for comparison with products delivered to the Site for use on the Project.

1. Samples shall be of sufficient size and quantity to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices.

2. Indicate the full range of color, texture, and patterns.

3. Dispose of Samples when related Work has been completed and approved, and disposal is requested by the Engineer. At Owner’s option Samples will become the property of the Owner.

E. Construct mock-ups for comparison with the Work being performed.

1. Construct mock-ups of the size or area indicated in the detailed Specifications.

2. Construct mock-ups complete with texture and finish to represent the finished product.

3. Protect mock-ups until Work has been completed and accepted by the Owner.


4. Dispose of mock-ups when related Work has been completed and disposal is approved by the Engineer.

F. Submit Operation and Maintenance manuals (O&M) for all equipment, mechanical devices, or components described in the Contract Documents per Section 01 78 23 “Operation and Maintenance Data.” Include copies of approved Shop Drawings in the manual.

G. Submit Request for Information (RFI) in accordance with Section 01 31 13 “Project Coordination.”

H. Submit a Schedule of Values and Application for Payment (AP) in accordance with Section 01 29 00 “Payment Procedures.”

I. Submit Progress Schedules (SCH) in accordance with Section 01 32 16 “Construction Progress Schedule.”

J. Submit Certified Test Reports (CTR) from independent testing laboratories in accordance with Section 01 40 00 “Quality Requirements.”

1. Submit test reports for material fabricated for this Project with Shop Drawings for that product.

2. Submit test reports produced at the point of production for standard production products with the Record Data for that product.

K. Submit a list of Suppliers and Subcontractors as Record Data in accordance with Section 01 31 13 “Project Coordination.”

L. Submit Equipment Installation Reports (EIR) in accordance with Section 01 75 00 “Starting and Adjusting.”

M. Submit Notifications by Contractor (NBC) in accordance with Section 01 31 13 “Project Coordination.”

N. Submit Photographic Documentation (PD) in accordance with Section 01 32 33 “Photographic Documentation.”

O. Submit Process Performance Bonds (PPB) in accordance with Section 00 73 00 “Supplementary Conditions” and the detailed equipment specifications.

1.07 SUBMITTALS REQUIRED FOR THIS PROJECT

A. Furnish the following Submittals:

1. Products as indicated in Section 01 33 00.01 “Table of Required Submittals.”

2. When a substitution or equal product is proposed in accordance with Paragraph [1.08].

1.08 REQUESTS FOR DEVIATION

A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents.

B. Submit request by Contract Modification Request (CMR) per Section 01 31 13 “Project Coordination.” Identify the deviations and the reason the change is requested.

C. Include the amount if cost savings to the Owner for deviations that result in a reduction in cost.


D. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order.

1.09 SUBMITTALS FOR EQUAL NON SPECIFIED PRODUCTS

A. The products of the listed Suppliers are to be furnished where the detailed Specifications list several manufacturers but do not specifically list “or equal” or “or approved equal” products. Use of any products other than those specifically listed is a substitution and must be approved per Paragraph [1.09].

B. Contractor may submit other manufacturers’ products that are in full compliance with the Specifications where the detailed Specifications list one or more manufacturers followed by the phase “or equal” or “or approved equal.”

1. Submit Shop Drawings of adequate detail to document that the proposed product is equal or superior to the specified product.

2. Prove that the product is equal. It is not the Engineer’s responsibility to prove the product is not equal.

a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements.

b. Make a direct comparison with the specified manufacturer’s published data sheets and available information. Provide this printed material with the submittal.

c. The decision of the Engineer regarding the acceptability of the proposed product is final.

3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor:

a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified.

b. Has determined that the product will perform in the same manner and result in the same process as the specified product.

c. Will provide the same warranties and/or bonds as for the product specified.

d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent.

e. Will maintain the same time schedule as for the specified product.

4. A modification request is not required for any product that is in full compliance with the Contract Documents.

1.10 SUBMITTALS FOR SUBSTITUTIONS

A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product.


B. Submit the following for consideration of approval of a Supplier or product which is not specified:

1. Contract Modification Request for deviation from the Contract Documents per Paragraph [1.07].

2. Prove that the product is acceptable as a substitute. It is not the Engineer’s responsibility to prove the product is not acceptable as a substitute.

a. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements.

b. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the submittal.

c. The decision of the Engineer regarding the acceptability of the proposed substitute product is final.

3. Provide a written certification that, in making the substitution request, the Contractor:

a. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product.

b. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product.

c. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent.

d. Will maintain the same time schedule as for the specified product.

C. Pay engineering cost for review of substitutions.

1. Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of Shop Drawings by Engineer and in accordance with the rates listed in Paragraph SC-14.02, Section 00 73 00 “Supplementary Conditions.”

2. Cost for the additional review shall be paid to the Owner by the Contractor on a monthly basis.

1.11 WARRANTIES AND GUARANTEES

A. Submit warranties and guarantees required by the Contract Documents with the Shop Drawings or Record Data.

B. Provide additional copies for equipment and include this additional copy in the Operation and Maintenance Manuals. Refer to Section 01 78 23 “Operation and Maintenance Data.”

C. Provide a separate manual for warranties and guarantees.

1. Provide a log of all products for which warranties or guarantees are provided, and for all equipment. Index the log by Specification section number on forms provided by the Engineer.


2. Indicate the start date, warranty or guarantee period and the date upon which the warranty or guarantee expires for products or equipment for which a warranty or guarantee is required.

3. Indicate the date for the start of the correction period specified in the General Conditions for each piece of equipment and the date on which the specified correction period expires.

4. Provide a copy of the warranty or guarantee under a tab indexed to the log.

1.12 RESUBMISSION REQUIREMENTS

A. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved.

B. For Shop Drawings:

1. Revise initial drawings or data and resubmit as specified for the original submittal.

2. Highlight in yellow those revisions which have been made in response to the first review by the Engineer.

3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer.

C. For Samples:

1. Submit new Samples as required for the initial Sample.

2. Remove Samples which have been rejected.

D. For mock-ups:

1. Construct a new mock-up as initially required.

2. Dispose of mock-ups which have been rejected.

E. Pay for excessive review of Shop Drawings.

1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made.

2. Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of Shop Drawings by Engineer and in accordance with the rates listed in Paragraph SC-14.02, Section 00 73 00 “Supplementary Conditions.”

3. Pay cost for the additional review to the Owner on a monthly basis as billed by the Owner.

4. Need for more than one resubmission or any other delay of obtaining Engineer’s review of submittals, will not entitle the Contractor to an extension of Contract Time. All costs associated with such delays shall be at the Contractor’s expense.

1.13 ENGINEER’S DUTIES

A. Review the submittals and return with reasonable promptness.


B. Affix stamp, indicate approval, rejection, and the need for resubmittal.

C. Distribute documents.



END OF SECTION

Table of Required Submittals 01 33 00.01 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 33 00.01 TABLE OF REQUIRED SUBMITTALS

1.00 GENERAL

1.01 REQUIRED SUBMITTALS

A. The following tabulation list the submittals required for each submittal section. Each Section of the Specifications may provide more detailed information regarding the data to be provided for each product, materials, equipment or component required by the Specifications. Provide additional documentation as required by the Contract Documents in accordance with Section 01 33 00 “Submittal Procedures” and each Section of the Specifications and as reasonably requested by the Owner, Construction Manager and Engineer.

B. Incorporate each submittal in the Construction Schedule and Indicate the date each submittal is anticipated to be submitted.



Table of Required Submittals 01 33 00.01 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

SUBMITTAL SCHEDULE

Spec Number Description

Shop

Dra

win

g

Sam

ple

Cert

ified

Tes

t Rep

ort

Cert

ifica

tion

of L

ocal

Fie

ld S

ervi

ce

Exte

nded

War

rant

y

Exte

nded

Ser

vice

Agr

eem

ent

Cert

ifica

te o

f Ade

quac

y of

Des

ign

Cert

ifica

tion

of A

pplic

ator

/Sub

cont

ract

or

Reco

rd D

ata

Ope

ratio

n an

d M

aint

enan

ce M

anua

ls

Equi

pmen

t Ins

talla

tion

Repo

rt

Proc

ess P

erfo

rman

ce B

ond

31 23 33.14 Trench Safety X 32 12 16 Asphalt Paving X X 32 13 13 Concrete Paving X 33 49 00 Storm Drainage Structures X X X 33 49 00.01 Storm Drainage System X X

Special Procedures 01 35 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 35 00 SPECIAL PROCEDURES

1.00 GENERAL

1.01 CONSTRUCTION SEQUENCE

A. Perform the Work as required to complete the entire Project within the Contract Time and in the sequence stipulated below:

1. Phase 1 a. CHANGE WESTBOUND FRONTAGE ROAD TRAFFIC TO OPERATE UNDER ONE-WAY

CONDITION. CONSTRUCT A PORTION OF THE SOUTHERN LANE OF THE WESTBOUND FRONTAGE ROAD WHILE MAINTAINING TRAFFIC ON THE ADJACENT EXISTING LANE. CONSTRUCT EASTERN PORTION OF WESTBOUND FRONTAGE ROAD AND EXIT RAMP.

b. MAINTAIN TWO-WAY TRAFFIC ON WEST PORTION OF EASTBOUND FRONTAGE ROAD. CLOSE EAST PORTION OF EASTBOUND FRONTAGE ROAD AND CONSTRUCT EASTBOUND FRONTAGE ROAD AND ENTRANCE RAMP.

c. CONSTRUCT RIC WILLIAMSON MEMORIAL HIGHWAY EXTENSIONS. d. CONSTRUCT OLD BROCK ROAD EXTENSION.

2. Phase 2 a. CONSTRUCT SECTIONS OF WESTBOUND AND EASTBOUND FRONTAGE ROADS AND RAMPS.

3. Phase 3 a. CONSTRUCT REMAINING PORTIONS OF WESTBOUND AND EASTBOUND FRONTAGE ROADS. b. CONSTRUCT REMAINDER OF ACCESS ROAD c. REMOVE REMAINDER OF EXISTING PAVEMENT CONNECTING OLD BROCK ROAD TO

WESTBOUND FRONTAGE ROAD. 4. Phase 4

a. DIVERT ALL IH-20 TRAFFIC FROM MAINLANES TO FRONTAGE ROADS WHEN DEMOLISHING EXISTING BRIDGE OVER IH-20 AND CONSTRUCTING RWMH BRIDGE. WESTBOUND MAINLANE CLOSURE RESTRICTED TO 9 PM – 6 AM. EASTBOUND MAINLANE CLOSUIRE RESTRICTED TO 8 PM – 5 AM.

b. INSTALL PERMANENT PAVEMENT MARKINGS. c. SWITCH FRONTAGE ROAD TRAFFIC TO PERMANENT CONFIGURATION.

B. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work.

C. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Time.

D. Contractor may submit alternative construction sequence plans for approval by the engineer.



END OF SECTION

Quality Requirements 01 40 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 40 00 QUALITY REQUIREMENTS

1.00 GENERAL

1.01 CONTRACTOR’S RESPONSIBILITIES

A. Control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents.

1. Inspect the Work of the Contractor, Subcontractors and Suppliers. Correct defective Work.

2. Inspect products and materials to be incorporated into the Project. Ensure that Suppliers of raw materials, parts, components, assemblies, and other products have adequate quality control system to ensure that quality products are produced. Provide only products that comply with the Contract Documents.

3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the Owner to insure that products proposed for use fully comply with the Contract Documents.

4. Provide all facilities and calibrated equipment required for quality control tests.

5. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents.

6. Perform tests as indicated in this and other Sections of the Specifications. Schedule the time and sequence of testing with the Construction Manager. All quality control testing is to be observed by the Construction Manager or designated representative.

7. Maintain complete inspection and testing records at the Site and make them available to Owner, Engineer and Construction Manager.

B. Designate a quality control manager before Work begins with authority to monitor the Work effectively and to prepare, implement and enforce a Quality Management Plan as described in Paragraph [1.11].

C. The technical Specifications govern if any requirements of this Section conflicts with the requirements of the technical Specifications.

1.02 QUALITY ASSURANCE ACTIVITIES BY THE OWNER

A. Owner may perform its own quality assurance test independent of the Contractor’s Quality Control Program or as otherwise described in the Contract Documents. Provide labor, materials, tools, equipment, and related items for testing by the Owner including, but not limited to temporary construction required for testing and operation of new and existing utilities. Assist the Owner, Engineer, Construction Manager, and testing organizations in performing quality assurance activities.

1. Provide access to the Work and to the Supplier’s operations at all times Work is in progress.

2. Cooperate fully in the performance of sampling, inspection, and testing.

3. Furnish labor and facilities to:


a. Provide access to the Work to be tested.

b. Obtain and handle Samples for testing at the Site or at the source of the product to be tested.

c. Provide calibrate scales and measuring devices for the Owner’s use.

d. Facilitate inspections and tests.

e. Provide adequate lighting to allow Owner observations.

f. Store and cure test Samples.

4. Furnish copies of the tests performed on materials and products.

5. Provide adequate quantities of representative product to be tested to the laboratory at the designated location.

6. Give the Construction Manager adequate notice before proceeding with Work that would interfere with testing.

7. Notify the Construction Manager and the testing laboratory prior to the time that testing is required. Lead time is to be adequate to allow arrangements to be made for testing.

8. Do not proceed with any Work until testing services have been performed and results of tests indicate that the Work is acceptable.

9. Provide complete access to the Site and make Contract Documents available.

10. Provide personnel and equipment needed to perform sampling or to assist in making the field tests.

11. Quality assurance testing performed by the Owner will be paid for by the Owner, except for verification testing performed by the Owner, which shall be paid for by the Contractor as described in Paragraph [1.06].

B. Quality assurance activities of the Owner, Engineer or Construction Manager through their own forces or through contracts with materials testing laboratories and survey crews are for the purpose of monitoring the results of the Contractor’s Work to see that it is in compliance with the requirements of the Contract Documents.

C. Quality assurance activities of the Owner and Engineer or non-performance of quality assurance activities:

1. Do not relieve the Contractor of its responsibility to perform Work and furnish materials and products and constructed Work conforming to the requirements of the Contract Documents.

2. Do not relieve the Contractor of its responsibility for providing adequate quality control measures.

3. Do not relieve the Contractor of its responsibility for damage to or loss of the material, product or Work before Owner’s acceptance.

4. Do not constitute or imply Owner’s acceptance.

5. Do not affect the continuing rights of the Owner after Owner’s acceptance of the completed Work.


D. The presence or absence of the Owner’s Resident Representative or Engineer does not relieve the Contractor from any Contract requirement, nor is the Owner’s resident representative or Engineer authorized to change any term or condition of the Contract Documents without the Owner’s written authorization in a Field Order or Change Order.

E. Failure on the part of the Owner, Engineer or Construction Manager to perform or test products or constructed works in no way relieves the Contractor of the obligation to perform the Work and furnish materials conforming to the Contract Documents.

F. All materials and products are subject to Owner’s quality assurance observations or testing at any time during preparation or use. Material or products which have been tested or observed or approved by Owner at a supply source or staging area may be re-observed or re-tested by Owner before or during or after incorporation into the Work, and rejected if they do not comply with the Contract Documents.

1.03 SUBMITTALS

A. Submittals shall be in accordance with Section 01 33 00 “Submittal Procedures” and shall include:

1. A written Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this program as Record Data.

2. A Statement of Qualification for the proposed testing laboratory. The statement of qualifications is to include a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification and a list of recent projects for which testing has been performed with references for those projects.

3. Test reports per Paragraph [1.07]. Reports are to certify that products or constructed works are in full compliance with the Contract Documents or indicate that they are not in compliance and describe how they are not in compliance.

4. Provide Certified Test Reports on materials or products to be incorporated into the Project. Reports are to indicate that material or products are in full compliance with the Contract Documents or indicate that they are not in compliance and describe how they are not in compliance.

1.04 STANDARDS

A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) “Recommended Requirements for Independent Laboratory Qualifications.”

B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations.


A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures.


1.06 VERIFICATION TESTING

A. Provide verification testing when tests indicate that materials or the results of construction activities are not in conformance with Contract Documents.

B. Verification testing is to be provided at the Contractor’s expense to verify products or constructed works are in compliance after corrections have been made.

C. Tests must comply with recognized methods or with methods recommended by the testing laboratory and approved by the Engineer.

1.07 TEST REPORTS

A. Test reports are to be prepared for all tests.

1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following:

a. Name of the Owner, project title and number, equipment Installer and Contractor.

b. Name of the laboratory, address, and telephone number.

c. Name and signature of the laboratory personnel performing the test.

d. Description of the product being sampled or tested.

e. Date and time of sampling, inspection, and testing.

f. Date the report was issued.

g. Description of the test performed.

h. Weather conditions and temperature at time of test or sampling.

i. Location at the Site or structure where the test was taken.

j. Standard or test procedure used in making the test.

k. A description of the results of the test.

l. Statement of compliance or non-compliance with the Contract Documents.

m. Interpretations of test results, if appropriate.

2. Submit reports on tests performed by Contractor or his Suppliers or vendors on the forms provided in Section 01 31 13.13 “Forms.”

3. Engineer will prepare test reports on test performed by the Engineer.

B. Distribute copies of the test reports to the Construction Manager within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. Hard copies of test reports are to be distributed to individuals designated at the pre-construction conference:


Owner 2

Engineer 1

Construction Manager 1



Contractor 1

C. Payment for Work subject to testing may be withheld until the Contractor’s quality control test reports of the Work are submitted to the Engineer or the Owner’s Resident Representative.

1.08 NON-CONFORMING WORK

A. Immediately correct any Work that does not comply with the Contract Documents or submit a written explanation of why the Work is not to be corrected immediately and when corrective action to the Work will be performed.

B. Payment for non-conforming Work shall be withheld until Work is brought into compliance with the Contract Documents.

1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY

A. The testing laboratory representatives are limited to providing consultation on the test performed and to an advisory capacity.

B. The testing laboratory is not authorized to:

1. Alter the requirements of the Contract Documents.

2. Accept or reject any portion of the Work.

3. Perform any of the duties of the Contractor.

4. Stop the Work.

1.10 QUALITY CONTROL PLAN

A. Submit Contractor’s Quality Control Plan that identifies personnel, procedures, control, instructions, tests, records, and forms to be used. Construction will be permitted to begin only after acceptance of the Quality Control Plan or acceptance of an interim plan applicable to the particular feature of Work to be started. Work outside of the features of Work included in an accepted interim plan will not be permitted to begin until acceptance of a Quality Control Plan or another interim plan containing the additional features of Work to be started.

B. Content of the Quality Control Plan. The Quality Control Plan shall include, as a minimum, the following to address all construction operations, both on-site and off-site, including Work by Subcontractors and Suppliers:

1. A description of the quality control organization, including a chart showing lines of authority and acknowledgement that the quality control staff shall implement the quality control program for all aspects of the Work specified.

2. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a quality control function.

3. A copy of the letter to the Quality Control Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the Quality Control Manager, including authority to


stop Work which does not comply with the Contract Documents or will result in Work that does not comply with the Contract Documents. The Quality Control Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities, and responsibilities. Copies of these letters shall also be furnished to the Construction Manager.

4. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of Subcontractors and Suppliers.

5. Control, verification, and acceptance testing procedures for each specific test is to include the test name, specification paragraph requiring test, feature of Work to be tested, test frequency, person responsible for each test, applicable industry testing standards and laboratory facilities to be used for the test.

6. Procedures for tracking phases of quality control, verification, and acceptance tests including documentation.

7. Procedures for tracking construction deficiencies from identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made.

8. Reporting procedures, including proposed reporting formats.

9. The name of the proposed testing laboratory along with documentation of qualifications, a list of tests that can be performed, and a list of recent projects for which similar testing has been performed with references from those projects.

C. Notification of Changes. After submittal of the Quality Control Plan, the Contractor shall notify the Owner in writing of any proposed changes.

D. Coordination Meeting. After the Pre-construction Meeting and before start of construction, the Contractor shall meet with the Owner, Engineer and Construction Manager to discuss the Contractor’s Quality Control Plan. The Quality Control Plan shall be submitted a minimum of 14 calendar days prior to the Coordination Meeting. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the Quality Control operations, testing, administration of the system for both on-site and off-site Work, and the interrelationship of Contractor’s management and control with the Owner’s Quality Assurance. Revise the Quality Management Plan to reflect comments and recommended changes resulting from this meeting.

2.00 PRODUCTS

2.01 TESTING APPARATUS

A. Furnish testing apparatus and related accessories necessary to perform the tests.

3.00 EXECUTION

3.01 QUALITY CONTROL PROGRAM

A. Perform quality control observations and testing as required in each section of the Specifications and where indicated on the Drawings.


B. Provide a quality control program that includes the following phases for each definable Work task. A definable Work task one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be work by the same trade in a different environment.

1. Planning Phase: Perform the following before beginning each definable Work task:

a. Review the Drawings.

b. Review submittals and determine that they are complete in accordance with the Contract Documents.

c. Check to assure that all materials and/or equipment have been tested, submitted, and approved.

d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents.

e. Examine required materials, equipment, and sample Work to assure that they are on hand, conform to submittals, and are properly stored.

f. Review requirements for quality control inspection and testing.

g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task.

h. Check that the portion of the plan for the Work to be performed incorporates submittal comments.

i. Discuss results of planning with the Construction Manager. Conduct a meeting attended by the quality control manager, the Construction Manager, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the quality control manager and attached to the quality control report.

j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met.

2. Work Phase: Complete this phase after the Planning Phase:

a. Notify the Construction Manager at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met.

b. Check the Work to ensure that it is in full compliance with the Contract Documents.

c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed.

d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate.

e. Repeat the initial phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met.


3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with Contract requirements:

a. Make checks daily and record observations in the quality control documentation.

b. Conduct follow-up checks to correct all deficiencies prior to the start of additional Work tasks that may be affected by the defective Work. Do not build upon nor conceal non-conforming Work.

c. Conduct a review of the Work 1 month prior to the expiration of the correction period prescribed in the General Conditions with the Owner and Construction Manager. Correct defects as noted during the review.

C. Conduct additional planning and review if:

1. The quality of on-going Work is unacceptable.

2. Changes are made in applicable quality control staff, onsite production supervision or work crew.

3. Work on a task is resumed after a substantial period of inactivity.

4. Other quality problems develop.

3.02 CAST-IN-PLACE CONCRETE TESTING

A. Test cast-in-place concrete in accordance with Section 03 30 00 “Cast-In-Place Concrete.”

3.03 PROTECTIVE COATINGS

A. Test protective coatings per Section 09 96 00.01 “High-Performance Coatings” and Section 09 91 00 “Painting.”

END OF SECTION

Temporary Facilities and Controls 01 50 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 50 00 TEMPORARY FACILITIES AND CONTROLS

1.00 GENERAL

1.01 WORK INCLUDED

A. Furnish temporary facilities, including Engineer’s field office and the Contractor’s field offices, storage sheds, and temporary utilities needed to complete the Work.

B. Furnish, install, and maintain temporary project identification signs. Provide temporary on-site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed.

C. Cost for Temporary Facilities and Controls as described in this Section and provided by Suppliers and Subcontractors as described in this Section are to be included in the Cost of Work. Contractor efforts are included in the Contractor’s fee for Construction Phase Services.


A. Design Criteria: Furnish a total electrical heating and cooling system for the Engineer’s field office capable of maintaining the following conditions:

1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient.

2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient.

3. Relative humidity: 48 to 54 percent.

B. Testing: Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use.


A. Arrange transportation, loading, and handling of temporary buildings and sheds.

1.04 JOB CONDITIONS

A. Locate buildings and sheds at the Site as indicated or as approved by the Owner.

B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures.

C. Pay for the utilities used by temporary facilities during construction.

D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide Engineer’s, field office complete and ready for occupancy and use within 7 days of the Notice to Proceed.

E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work.

F. Remove services and facilities when approved by the Engineer.


G. Operate temporary facilities in a safe and efficient manner.

1. Restrict loads on temporary services or facilities to within their designed or designated capacities.

2. Provide sanitary conditions. Prevent public nuisance, or hazardous conditions from developing or existing at the Site.

3. Prevent freezing of pipes, flooding, or the contamination of water.

4. Maintain Site security and protection of the facilities.

1.05 OPTIONS

A. Construction offices may be prefabricated buildings on skids or mobile trailers.

B. Storage sheds may be prefabricated buildings on skids or truck trailers.

2.00 PRODUCTS

2.01 SIGN MATERIALS

A. Provide new or used signs, wood or metal with structure and framing in sound condition. Materials are to be structurally adequate and suitable for the indicated finish.

B. Provide 3/4-inch exterior grade A/D face veneer plywood with medium density overlay for sign surface.

C. Bolts, brackets, fasteners, and other hardware are to be galvanized or stainless steel.

D. Provide exterior quality coatings per Section 09 91 00 “Painting.”

2.02 TEMPORARY OFFICES

A. Prior to installation of Owner/Engineer field office, submit a written description of the following equipment for approval:

1. Office Trailer/Building – floor plan including square footage of floor area.

2. Telephone equipment – catalog cut sheets.

3. Computer equipment – catalog cut sheets.

4. Security/Alarm System – catalog cut sheets.

5. Office Furniture– catalog cut sheets.

B. Furnish and continuously maintain Engineer’s field office which meets the following requirements:

1. Minimum nominal size of 12 by 60 feet.

a. The building is to be divided into four separate spaces (two offices restroom, and conference). Provide a 12-by-12-foot office at both ends with full height walls and interior 3-foot by 6-foot-8-inch doors.

b. Provide sufficiently sized restroom with door in the center section of the trailer.

c. Provide built in wall shelving at location designated by Engineer.


d. Construct a wood porch with steps and a covered overhang at entrance. Provide wooden railing around porch and on the steps.

e. Provide vinyl, or VCT tile on floors.

2. Electricity to structures.

3. Skirt around perimeter of structures of same material as structure siding.

4. Hot and cold running potable water with sink and electric water cooler.

5. Heated and air conditioned.

6. Venetian type window blinds.

7. Provide an outside door with padlock and door lock.

8. Separate from Contractor’s office.

9. Provide fully plumbed indoor restroom with flush toilet, sink, medicine cabinet with mirror, and storage shelving or cabinet. Connect fixtures to complete potable water, sanitary, and vent systems.

10. Provide furnishings manufactured by HON, or approved equal, at the field office as follows:

Qty. Furnishing

2 2'-6" x 5'-0" office desks with credenzas

2 Fabric covered cushioned arm chairs with swivel/tilt/roll capabilities

10 Folding chairs

2 3'-0" x 8'-0" folding tables

1 2'-6" x 6'-0" folding table

2 Legal size, four-drawer metal filing cabinets

11. Construct and install a full-size drafting/plan table at the field office.

12. Provide sufficient lighting for office environment using fluorescent light fixtures with lenses energized by wall switches. Provide separate switches just inside exterior door for main area, inside office and inside restroom.

13. Three duplex receptacles in each office and five duplex receptacles in remainder of building at locations designated by Engineer.

14. Offices are to be adequately braced and anchored to prevent movement.

15. Make connections to sanitary sewer, potable water service, electrical power, and telephone.

16. Office and/or materials of construction may be new or slightly used but must be serviceable, adequate for the intended purpose, acceptable to the Engineer, and must not violate codes or regulations.

17. Offices are to be structurally sound, weather-tight, and have floor raised above the ground.

18. Provide operable, screened windows with locks.


19. Provide two separate outside telephone lines with two speaker telephones. Each telephone to be provided with “hold” button and capable of transferring calls between each phone. Provide an exterior telephone bell to indicate incoming calls. Each telephone line is to be connected to each telephone with rollover of incoming calls to available open lines. Lighted buttons shall indicate lines in use or on hold. Location of phone outlets (minimum of three) is to be determined by Engineer. Telephones shall include a built in speaker phone, caller ID and call forwarding features.

a. Provide Internet service at the office. Minimum 10 MBS download/3 MBS upload speed. Maximum file transfer size shall be 10 MG. Minimum Email/storage size shall be unlimited. Internet service shall include the provision of an E-mail address for the Engineer that is accessible from the E-mail systems of the Owner and the Engineers.

b. Provide voice mail and call waiting features from the local telephone company at the office.

20. Provide one new desktop computers at the field office as follows:

a. Pentium Dual-Core Processor 4.2 GHz minimum.

b. Mouse.

c. 104 key Keyboard.

d. 4 GB DDR2 800 MHz SDRAM (2 DIMMS).

e. 10BaseT/100BaseTX Mbps High Speed Ethernet Connection PCI LAN Card.

f. 24-inch Widescreen LCD Monitor.

1). Resolution 1920 x 1200 at 60 Hz with 1000:1 contrast ratio.

2). Anti-glare, anti-static screen.

3). Super VGA video board with 256 MB RAM.

g. Minimum of six USB 2.0 Connections and one DVI-I Video Connection.

h. 16X DVD+/-R/RW Drive.

i. 500 GB 7200 RPM SATA Hard Drive.

j. Windows XP installed and on CD ROM.

k. Microsoft Office 2007 Ultimate or latest version.

l. Bluebeam PDF Review Version 8 or latest.

21. Provide color copier with the following capabilities:

a. Provide service and maintenance agreement throughout the Project. Provide toner, paper supply for the duration of the Project and other supplies as needed to operate the copier.

b. Ability to scan to email/file/folder.

c. Ability to print, sort and collate.

d. Produce up to 45 copies per minute in black and white.


e. Ability to scan and print in black and white, grayscale or color.

f. Ability to auto feed and auto duplex.

g. Provide a minimum of two paper trays with 500 sheet capacity.

h. Reduction and enlargement capability with range from 25-400 percent.

i. Scan, copy and print up to 11x17 format.

22. Provide flatbed scanner if copier does not have scanning capabilities. Provide scanner with the following capabilities:

a. Provides scans in black and white, grayscale and color.

b. Reliably scan documents up to 11X17 in size with professional quality results.

c. Automatic document feeder, for up to 200 pages including 11X17 size sheets.

d. Ability to scan 100 images per minute.

e. Provides two sided scanning.

f. Provides both TWAIN and ISIS drivers.

23. Provide color LaserJet printer with the following capabilities if copier does not provide printer capabilities:

a. Printing in color or black and white.

b. Printing on 8-1/2 x 11 or 11 x 17 paper from two paper trays.

c. Resolution at 600 x 600 dpi.

d. Monthly duty cycle of 100,000 pages per month.

24. Provide external hard drive with the following capabilities:

a. Dual drive storage system with mirroring.

b. 2 terabyte total capacity with 1 terabyte capacity in RAID configuration.

c. Provides automatic data backups software.

d. USB 2.0 Connection with serial bus.

25. Provide a fire extinguisher and first aid kit.

26. Furnish a microwave unit with a minimum cooking volume of 1.5 cubic feet.

27. Furnish a refrigerator with minimum storage capacity of 3.5 cubic feet. Refrigerator shall include a freezer section.

28. Provide long distance calling service for Engineer’s field office for the duration of the Project. The Contractor shall be responsible for Engineer/Owner’s monthly long distance charges of up to $100 per month. Provide a Sony MVC-CD1000 digital camera or approved equal. Provide camera accessories including battery charger and leather carrying case.

29. Furnish and maintain office supply stock, including but not limited to, pens, pencils, markers, staples, notepads, paper, posted notes, CD-WR computer disks, file folders,


paper clips, binder clips, etc., for duration of the Project. The Contractor shall be responsible for Engineer/Owner’s office supply purchases of up to $50 per month.

30. Field office and furniture will remain the property of the Contractor. Computer equipment shall be turned over to the Owner at the end of the Project.

C. Furnish a field office for Contractor’s use of adequate size to allow meetings for a minimum of 15 people.

D. Provide access to and reserved parking spaces for six vehicles adjacent to the Engineer’s Field Offices. The parking area surface shall be covered by a durable surface to prevent erosion, mud, dust, or rutting caused by vehicles. The surface shall be a minimum of 4 inches of flexible crushed limestone base material.

E. Other trades may provide their own offices only when space is available on the Site, and both the Owner and Engineer agree to its size, condition and location.

F. All of the above referenced items shall be subject to approval or rejection by the Engineer or Owner. No monthly partial payments will be processed until such time when Engineer’s Field Office facilities are completed and approved.

2.03 TEMPORARY STORAGE BUILDINGS

A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather.

2.04 TEMPORARY SANITARY FACILITIES

A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet.

B. Use these sanitary facilities. Do not use rest rooms within existing or Owner-occupied buildings.

2.05 TEMPORARY HEAT

A. Provide heating devices needed to protect the building during construction.

1. Provide fuel needed to operate the heating devices.

2. Attend heating devices at all times they are in operation, including overnight operations.

2.06 TEMPORARY UTILITIES

A. Provide the temporary utilities for administration, construction, testing, disinfection, and startup of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities.

1. Provide a source of temporary electrical power of adequate size for the construction procedures. Contractor may utilize existing plant power system where spare capacity is available. Temporary power connections shall be provided by the Contractor and shall


not adversely affect existing plant power supply. Any connections shall be submitted to the Owner and Engineer for approval prior to installation.

a. Electrical pole and service shall comply with OSHA and other safety requirements and the requirements of the power company.

2. Provide temporary water. Potable water may be purchased from the City by obtaining a water meter from the City and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of basins. Pay all water costs for construction, testing, disinfection, and startup of the Work.

3. Provide telephone service to the Site and install telephones inside the Contractor’s and the Engineer’s office.

3.00 EXECUTION

3.01 LOCATION OF TEMPORARY FACILITIES

A. Locate all temporary facilities in areas approved by the Owner/Engineer. Construct and install signs at locations approved by the Owner. Install informational signs so they are clearly visible.

3.02 PROJECT IDENTIFICATION AND SIGNS

A. Arrange for a professional sign painter to paint and erect a sign for the Site in accordance with the sign information provided in the Contract Documents and as required by the Texas Water Development Board. Sign will include identification of the Owner, Engineer, Major Engineering Subconsultants, and Contractor (including appropriate logos, as required) and other Project information as determined by the Engineer. Paint sign on a 4-foot by 8-foot by 3/4-inch exterior grade plywood board. Frame plywood with 2 x 4 wood frame and mount on not less than two 4 x 4 posts. House plywood board in a channel routed 1/2 inch deep in the 2 x 4 frame. Shoulder, glue, and screw corners.

3.03 TEMPORARY LIGHTING

A. Provide temporary lighting inside the building once buildings are weatherproof.

B. Lighting shall be adequate to perform Work within any space.

1. Lights shall be left in position in such a manner that every space has temporary light at all times.

2. Temporary lights may be removed once the permanent lighting is in service.

C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting to provide sufficient light at any location Work is being performed.

D. Work outside the hours or 7:00 a.m. to 6:00 p.m. will not normally be permitted. Obtain prior authorization from the Owner and Engineer for any night work required for Critical Work items identified in Section 01 35 00 “Special Procedures.”

3.04 DRINKING WATER


A. Provide field offices with potable water for Engineer’s office. Bottled drinking water is to be provided with a dispenser and cooling apparatus.

B. Pay for services and maintain daily.

3.05 CONSTRUCTION FENCE

A. Install and maintain a construction fence around the Site and/or around the storage yard as indicated. Fence must be a minimum 6 feet high and may be wood picket or chain link construction. Provide gates with padlocks.

3.06 REMOVAL OF TEMPORARY FACILITIES

A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Contract Documents.

B. Remove informational signs upon completion of construction.

C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project.

3.07 MAINTENANCE AND JANITORIAL SERVICE

A. Provide janitorial service (sweeping/mopping) for the Owner’s and Engineer’s office on a weekly basis or as requested. Trash receptacles are to be emptied daily or as needed.

B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs.

C. Repair any damage to permanent structures or finishes caused by placement or removal of temporary signage.

D. Service, maintain, and replace, if necessary, the field office computer equipment and fax machines, throughout the Project as required by the Engineer. This includes provision of replacement cartridges for all office equipment.

END OF SECTION

Temporary Controls 01 57 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 57 00 TEMPORARY CONTROLS

1.00 GENERAL

1.01 WORK INCLUDED

A. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed.

B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project.

C. Provide a Storm Water Pollution Prevention Plan in accordance with TCEQ General Permit TXR150000, file required legal notices and obtain required permits prior to beginning any construction activity.

D. Provide labor, materials, equipment, and incidentals necessary to prevent storm water pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any storm water system, including open channels. Remove pollution control structures when no longer required to prevent storm water pollution.

E. Cost for Temporary Controls as described in this Section and provided by Suppliers and Subcontractors as described in this Section are to be included in the Cost of Work.


A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and requiring minimal maintenance that will disrupt construction activities while providing adequate protection of the environment.

B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents.

1.03 SUBMITTALS

A. Provide copies of notices, records and reports required by the Contract Documents or regulations as Record Data in accordance with Section 01 33 00 “Submittal Procedures.”

B. Provide documents requiring approval by the Owner or Engineer as Shop Drawings in accordance with Section 01 33 00 “Submittal Procedures.”

1.04 STANDARDS

A. Provide a storm water pollution prevention plan that complies with Local, State, and Federal requirements. Comply with all requirements of the Texas Commission on Environmental Quality General Permit (TXR150000) for storm water discharges from construction activities under the Texas Pollutant Discharge Elimination System (TPDES) program.


B. Perform Work to comply with “Best Practice” as established by the North Central Texas Council Of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction or the local agency of jurisdiction.

1.05 PERMITS

A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving storm water discharges from the Site:

1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI.

2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity.

3. Notice of Termination (NOT) when the construction project has been completed and stabilized.

B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and Local, State, and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities.

C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the storm water pollution prevention plan (SWPPP) required under the TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities for all projects.

1.06 STORM WATER POLLUTION CONTROL

A. Comply with the current requirements of TPDES General Permit No. TXR15000 (General Storm Water Permit) set forth by the Texas Commission on Environmental Quality for the duration of the Project:

1. Develop a Storm Water Pollution Prevention Plan meeting all requirements of the General Storm Water Permit.

2. Submit of a Notice of Intent to the Texas Commission on Environmental Quality.

3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction.

4. Provide all monitoring and/or sampling required for reporting to the Texas Commission on Environmental Quality.

5. Submit reports to the Texas Commission on Environmental Quality as required as a condition of the permit.

6. Submit copies of the reports to the Engineer as Record Data in accordance with Section 01 33 00 “Submittal Procedures.”

7. Retain copies of these documents at the Site at all times for review and inspection by the Owner or regulatory agencies. Post a copy of the permit as required by regulations.

8. Pay all costs associated with complying with the provisions of the General Storm Water Permit. Assume solely responsible for implementing, updating, and modifying the


General Storm Water Permit per regulatory requirements the Storm Water Pollution Prevention Plan and Best Management Practices.

B. Use forms required by the Texas Commission on Environmental Quality to file the Notice of Intent. Submit the Notice of Intent at least 2 days prior to the start of construction. Develop the Storm Water Pollution Prevention Plan prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, Storm Water Pollution Prevention Plan, and any other pertinent Texas Commission on Environmental Quality submittal documents to Owner for review prior to submittal to the Texas Commission on Environmental Quality.

C. Return any property disturbed by construction activities to either specified conditions or pre-construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work.

D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the General Storm Water Permit. Modify the system as required to effectively control erosion and sediment.

E. Retain copies of reports required by the General Storm Water Permit for 3 years from date of final completion.

1.07 POLLUTION CONTROL

A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner.

B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage.

1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner.

2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil.

3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site.

4. Comply with local, State and Federal regulations regarding the disposal of pollutants.

C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form or enter non-contaminated areas of the Site.


1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the Engineer.

2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area.

3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water.

1.08 EARTH CONTROL

A. Remove excess soil, spoil materials and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with Contractor and Owner's operations.

B. Dispose of excess earth off the Site. Pay cost for disposal unless otherwise noted. Provide written approval by the property owner for all disposal on private property, and approval by the Owner if such disposal affects the use of Site or other easements.

1.09 MANAGEMENT OF WATER

A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times.

B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water.

C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management.

D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site.

E. Remove the temporary construction and restore the Site in a manner acceptable to the Engineer and to match surrounding material at the conclusion of the Work.

2.00 PRODUCTS

2.01 MATERIALS

A. Provide materials meeting regulatory requirements.

3.00 EXECUTION

3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS

A. Construct temporary controls in accordance with regulatory requirements.


B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents.

C. Remove temporary control when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls before the point where they are no longer required.

END OF SECTION

Temporary Storm Water Pollution Control 01 57 23 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

1.00 GENERAL

1.01 WORK INCLUDED

A. Furnish labor, materials, equipment, and incidentals necessary to provide storm water pollution prevention for the duration of the construction period including furnishing, installing, and maintaining erosion and sediment control structures and procedures and properly removing the features when no longer required.

B. Develop, implement, and maintain a storm water pollution prevention plan in compliance with Local, State, and Federal requirements. Provide preventive measures to keep sediment and other pollutants from the construction activity from entering any storm water system, including open channels. Comply with the Texas Commission on Environmental Quality General Permit (TXR150000) for storm water discharges from construction activities under the Texas Pollutant Discharge Elimination System (TPDES) program.

C. This Section provides guidelines and Best Management Practices (BMPs) information for the Contractor to use in adhering to all Local, State, and Federal environmental regulations with respect to storm water pollution prevention during construction activity.


A. Comply with applicable requirements of all governing authorities having jurisdiction. The Specifications and the Drawings are not intended to be prescriptive but rather to convey the intent to provide complete slope protection, erosion control, and storm water pollution prevention for both the Owner's property and adjacent properties.

B. The Contractor shall develop and implement a storm water pollution prevention plan in accordance with TCEQ General Permit TXR150000 prior to the beginning of construction activity.

C. Storm water pollution prevention measures shall be established prior to the beginning of construction and maintained during the entire length of construction until final stabilization has been achieved for the area protected.

D. All land-disturbing activities shall be planned and conducted to minimize the area to be exposed at any one time as well as time of exposure, off-site erosion, sedimentation, and adverse water quality impacts.

E. Surface water runoff originating upgrade of an exposed area shall be managed to minimize erosion and sediment loss during the period of exposure.

F. Install measures to control both the velocity and rate of release so as to minimize erosion and sedimentation of the receiving water body (i.e. , ditch, channel, stream) in accordance with regulatory requirements and as directed by the Owner, the Engineer, or the Owner’s representative.

G. Periodically clean out and dispose of all sediment and other pollutants as necessary to maintain adequate treatment capacity of each pollution control feature. Clean out and properly dispose of all sediment and other storm water pollutants at the time of completion of the Work.


1.03 SUBMITTALS

A. Submittals shall be in accordance with Section 01 33 00 “Submittals.”

B. Small Construction Activity (≥1 Acre but <5 Acres):

1. On small construction projects (disturbed area equal to or greater than 1 acre and less than 5 acres) submit a copy of the Construction Site Notice to the Operator of any Municipal Separate Storm Sewer System (MS4) receiving construction site discharge at least 2 days prior to beginning construction activity.

2. Post a copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public and Local, State, and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities.

C. Large Construction Activity (≥5 Acres):

1. On large construction projects (5 acres or more of disturbed area) submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving storm water discharge from the Site:

a. Notice of Intent (NOI) at least 7 days prior to beginning construction activity. When submitting an NOI electronically, construction activity may commence immediately upon receipt of confirmation from the TCEQ.

b. Notice of Change (NOC) letter within 14 days after the discovery that incorrect information was submitted in the NOI or if relevant information in the NOI changes during the course of construction activity.

c. Notice of Termination (NOT) within 30 days following a change in operational control or upon final stabilization and completion of the construction project.

2. Post a copy of the NOI and a Construction Site Notice at the Site in a location where it is readily available for viewing by the general public and Local, State, and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities.

D. For small and large projects, maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the storm water pollution prevention plan (SWPPP) required under the TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities.

1.04 JOB CONDITIONS, CODES, AND ORDINANCES

A. Comply with the local codes and ordinances. If local codes and ordinances require more stringent or additional storm water pollution prevention measures during construction beyond those required by State and Federal regulations, the Contractor shall provide such measures at no additional cost.

2.00 PRODUCTS

2.01 MATERIALS


A. All materials used for storm water pollution prevention shall meet the minimum design and specification requirements identified below for commonly used sediment loss prevention practices (referenced from the North Central Texas Council Of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction. ) The Contractor shall use appropriate control devices to protect against storm water pollution from construction site activity.

B. Erosion control blankets (ECBs) to hold seed and soil in place until vegetation is established on disturbed areas are subject to the following design criteria:

1. The type and class of erosion control mat must be specified as appropriate for the slope of the area to be protected, the flow rate (sheet flow on cut/fill slopes) or velocity (concentrated flow in swales) of stormwater runoff in contact with the ECB, and the anticipated length of service.

2. Erosion control blankets must meet the applicable Texas Department of Transportation (TxDOT) Minimum Performance Standards for TxDOT as provided in its Erosion Control Report and/or be listed on the most current annual Approved Products List for TxDOT applicable to TxDOT Item 169 Soil Retention Blanket and its Special Provisions.

C. Silt fences for perimeter controls located downstream of disturbed areas are subject to the following design criteria:

1. If 50 percent or less soil by weight passes the U.S. Standard sieve No. 200, select the apparent opening size (A.O.S.) to retain 85 percent of the soil.

2. If 85 percent or more of soil by weight passes the U.S. Standard sieve No. 200, silt fences shall not be used unless the soil mass is evaluated and deemed suitable by a soil scientist or geotechnical engineer concerning the erodibility of the soil mass, dispersive characteristics, and the potential grain-size characteristics of the material that is likely to be eroded.

3. Silt fence fabric must meet the following minimum criteria:

a. Tensile Strength, ASTM D4632 Test Method for Grab Breaking Load and Elongation of Geotextiles, 90 pounds.

b. Puncture Rating, ASTM D4833 Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products, 60 pounds.

c. Mullen Burst Rating, ASTM D3786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method, 280 psi.

d. Apparent Opening Size, ASTM D4751 Test Method for Determining Apparent Opening Size of a Geotextile, U.S. Sieve No. 70 (max) to No. 100 (min).

e. Ultraviolet Resistance, ASTM D4355. Minimum 70 percent.

4. Filter stone for an overflow structure shall be 1-1/2-inch washed stone containing no fine material. Angular shaped stone is preferable to rounded shaped stone.

5. Fence posts shall be galvanized steel or equivalent and may be T-section or L-section, 1.3 pounds per linear foot minimum, and 4 feet in length minimum. Wood posts may be used depending on anticipated length of service and provided they are 4 feet in length minimum and have a nominal cross-section of 2 inches by 4 inches for pine or 2 inches by 2 inches for hardwoods.


6. Silt fence shall be supported by galvanized steel wire fence fabric as follows:

a. 4-inch-by-4inch mesh size, W1.4/1.4, minimum 14-gauge wire fence fabric;

b. Hog wire, 12-gauge wire, small openings installed at bottom of silt fence;

c. Standard 2-inch-by-2-inch chain link fence fabric; or

d. Other welded or woven steel fabrics consisting of equal or smaller spacing as that listed herein and appropriate gauge wire to provide support.

D. Inlet protection used in new developments that include new inlets or roads with new curb inlets or during repairs to existing roadways are subject to the following design criteria:

1. Filter fabric protection shall be designed and maintained in a manner similar to a silt fence.

2. Where applicable, filter fabric, posts, and wire backing shall meet the material requirements specified in Paragraph [2.01.C].

3. Filter gravel shall be3/4-inch washed stone containing no fines. Angular shaped stone is preferable to rounded shapes.

4. Concrete blocks shall be standard 8-inch-by-8-inch-by-16-inch concrete masonry units.

5. When organic filter tubes are used, the designer shall specify the type of material to be used (or excluded) on a particular site:

a. Straw filter material shall be Certified Weed Free Forage. The straw must be in good condition, air-dried, and not rotten or moldy.

b. Compost shall conform to the requirements for Erosion Control Compost in TxDOT Special Specification 1001 Compost (2004). Compost may provide some oil and grease removal; however, the large percentage of fines in compost will result in less filtering and more ponding of stormwater.

c. Wood chips shall be 100 percent untreated chips and free of inorganic debris, such as plastic, glass, metal, etc. Wood chip size shall not be smaller than 1 inch and shall not exceed 3 inches in diameter. Shavings shall not be more than 5 percent of the total mass.

6. Bags used to secure inlet protection devices on pavement shall be filled with aggregate, filter stone, or crushed rock that is less likely than sand to be washed into an inlet if the bag is broken. Filled bags shall be 24 to 30 inches long, 16 to 18 inches wide, and 6 to 8 inches thick. Bags shall be polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 ounces per square yard and meet the following criteria:

a. Greater than 300 psi Mullen Burst Strength using ASTM D3786 Standard Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method.

b. Greater than 70 percent UV Stability using ASTM D4355 Standard Test Method for Deterioration of Geotextiles by Exposure to Light, Moisture, and Heat in a Xenon Arc Type Apparatus.

E. Stone outlet sediment traps (bermed or excavated) used in situations where flows are concentrated in a drainage swale or channel are subject to the following design criteria:


1. The embankment shall be placed on geotextile fabric meeting the following minimum criteria:

a. Tensile Strength, ASTM D4632 Text Method for Grab Breaking Load and Elongation of Geotextiles, 250 pounds.

b. Puncture Rating, ASTM D4833 Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products, 135 pounds.


d. Apparent Opening Size, ASTM D4751 Test Method for Determining Apparent Opening Size of a Geotextile, U.S. Sieve No. 20 (max).

2. Fill placed to constrict the swale for construction of the excavated stone outlet sediment trap and fill placed for the berm in the bermed stone outlet sediment trap shall consist of clay material, minimum Plasticity Index of 30, using ASTM D4318 Standard Test for Liquid Limit, Plastic Limit, and Plasticity Index of Soils.

3. The embankment shall be comprised of well graded stone riprap with a size range of 6 to 12 inches in diameter.

F. Sediment basins used as treatment devices for sites with disturbed areas of 10 acres and larger that are part of a common drainage area are subject to the following design criteria:

1. The embankment shall be constructed with clay soil, minimum Plasticity Index of 30 using ASTM D4318 Standard Test for Liquid Limit, Plastic Limit, and Plasticity Index of Soils.

2. Texas Administrative Code Title 30, Chapter 299 (30 TAC 299), Dams and Reservoirs, contains specific requirements for dams that:

a. Have a height greater than or equal to 25 feet and a maximum storage capacity greater than or equal to 15 acre-feet; or

b. Have a height greater than 6 feet and a maximum storage capacity greater than or equal to 50 acre feet.

3. If the size of the detention basin meets or exceeds the above applicability, the design must be in accordance with state criteria, and the final construction plans and specifications must be submitted to the TCEQ for review and approval.

G. Check dams used for long drainage swales or ditches to reduce erosive velocities are subject to the following design criteria:

1. Use geotextile filter fabric under check dams exceeding 12 inches in height. The fabric shall meet the material specified for the Stone Outlet Sediment Trap discussed above.

2. Loose, unconfined soil, wood chips, compost, and other material that can float or be transported by runoff shall not be used to construct check dams.

3. Sand bags shall not be used for check dams, due to their propensity to break and release sand that is transported by the concentrated flow in the drainage swale or ditch.

4. Rock Check Dams:


a. Stone shall be well graded with stone size ranging from 3 to 6 inches in diameter for a check dam height of 24 inches or less.

b. The stone size range for check dams greater than 24 inches is 4 to 8 inches in diameter.

5. Rock Bag Check Dams Bags:

a. Fill material should be pea gravel, filter stone or aggregate that is clean and free of deleterious material.

b. Bag material shall comply with the requirements of Inlet Protection above.

6. Sack Gabion Check Dams:

a. Sack gabions shall be wrapped in galvanized steel, woven wire mesh. The wire shall be 20 gauge with 1-inch diameter, hexagonal openings.

b. Stone shall be well graded with a minimum size range from 3 to 6 inches in diameter.

7. Organic Filter Tube Check Dams:

a. Filter material used within tubes to construct check dams shall be limited to coir, straw, aspen fiber and other organic material with high cellulose content.

b. The material should be slow to decay or leach nutrients in standing water and comply with the requirements for Inlet Protection above.

H. Stabilized construction exits used for sites in which significant truck traffic occurs on a daily basis are subject to the following design criteria:

1. The construction exit material shall be a minimum thickness of 6 inches. The stone or recycled concrete used shall be 3 to 5 inches in size with little or no fines.

2. The geotextile fabric must meet the following minimum criteria:

a. Tensile Strength, ASTM D4632 Test Method for Grab Breaking Load and Elongation of Geotextiles, 300 pounds.

b. Puncture Strength, ASTM D4833 Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products, 120 pounds.


d. Apparent Opening Size, ASTM D4751 Test Method for Determining Apparent Opening Size of a Geotextile, U.S. Sieve No. 40 (max).

I. Alternative pollution prevention measures selected by the Contractor shall be identified from one or more of the following reference sources, as appropriate for the region of the construction activity:

1. City of Austin Environmental Criteria Manual.

2. North Central Texas Council of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction.


3. Harris County/Harris County Flood Control District/City of Houston Storm Water Management Handbook for Construction Activities.

3.00 EXECUTION

3.01 PREPARATION

A. Prepare a storm water pollution prevention plan (SWPPP) in accordance with applicable permit requirements for construction activity. Develop the SWPPP in conformance with TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities and any applicable Local requirements.

B. Prepare and implement the SWPPP prior to the beginning of construction activity in accordance with Local, State, and Federal requirements.

C. Owner’s representative may require Contractor to install storm water pollution prevention devices and/or practices during construction in addition to those required under the approved storm water pollution plan. Contractor shall remain solely responsible for complying with all Local, State, and Federal requirements.

3.02 INSTALLATION

A. Erosion control blankets to hold seed and soil in place until vegetation is established on disturbed areas are subject to the following installation criteria:

1. Prior to the installation of any erosion control matting, all rocks, dirt clods, stumps, roots, trash, and any other obstructions that would prevent the mat from lying in direct contact with the soil shall be removed.

2. Anchor trenching shall be located along the entire perimeter of the installation area, except for small areas with less than 2 percent slope.

3. Installation and anchoring shall conform to the recommendations shown within the manufacturer's published literature for the erosion control blanket.

4. Anchors (staples) shall be a minimum of 6 inches in length and 1 inch wide. They shall be made of 11-gauge wire, or equivalent, unless the ECB is intended to remain in place with final stabilization and biodegrade.

5. Particular attention must be paid to joints and overlapping material. Overlap along the sides and at the ends of ECBs should be per the manufacturer’s recommendations for site conditions and the type of ECB being installed. At a minimum, the end of each roll of ECB shall overlap the next roll by 3 feet and the sides of rolls shall overlap 4 inches.

6. After installation, check blankets for uniform contact with the soil, security of the lap joints, and flushness of the staples with the ground.

B. Silt fences for perimeter controls located downstream of disturbed areas are subject to the following installation criteria:

1. Construct fences along a line of constant elevation (along a contour line if possible).

2. Maximum drainage area shall be 0.25 acre per 100 linear feet of silt fence.

3. Maximum flow to any 20 foot section of silt fence shall be 1 cfs.


4. Maximum distance of flow to silt fence shall be 200 feet or less. If the slope exceeds 10 percent, the flow distance shall be less than 50 feet.

5. Maximum slope adjacent to the fence shall be 2:1.

6. Stone overflow structures or other outlet control devices shall be installed at all low points along the fence or spaced at approximately 300 feet if there is no apparent low point.

7. A 6-inch wide trench is to be cut 6 inches deep at the toe of the fence to allow the fabric to be laid below the surface and backfilled with compacted earth or gravel to prevent bypass of runoff under the fence. Fabric shall overlap at abutting ends a minimum of 3 feet and shall be joined such that no leakage or bypass occurs. If soil conditions prevent a minimum toe-in depth of 6 inches or installation of support post to depth of 12 inches, silt fences shall not be used.

8. Sufficient room for the operation of sediment removal equipment shall be provided between the silt fence and other obstructions in order to properly maintain the fence.

9. The last 10 feet (or more) at the ends of a line of silt fence shall be turned upslope to prevent bypass of stormwater. Additional upslope runs of silt fence may be needed every 200 to 400 linear feet, depending on the traverse slope along the line of silt fence.

C. Inlet protection for new developments that include new inlets or roads with new curb inlets or during repairs to existing roadways are subject to the following installation criteria:

1. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), when installing inlet protection on publicly traveled streets or in developed areas. Ensure that inlet protection is properly designed, installed, and maintained to avoid flooding of the roadway or adjacent properties and structures.

2. Maximum depth of flow shall be 8 inches or less.

3. A 2-inch overflow gap or weir is required on all curb inlet protection devices.

4. Positive drainage is critical in the design of inlet protection. If overflow is not provided for at the inlet, excess flows shall be routed through established swales, streets, or other watercourses to minimize damage due to flooding.

5. Filter Fabric Protection:

a. Filter fabric protection is appropriate where the drainage area is less than 1 acre and the basin slope is less than 5 percent.

b. Filter fabric, posts, and wire mesh shall meet the material requirements specified in Paragraph [3.02.B].

c. A 6 inch wide trench is to be cut 6 inches deep at the toe of the fence to allow the fabric to be laid below the surface and backfilled with compacted earth or gravel. This entrenchment prevents any bypass of runoff under the fence.

d. Stone overflow structures shall be installed where flow to the inlet is concentrated and more than 1 cfs according to the criteria in Paragraph [3.02.B].

6. Block and Gravel Protection (Curb and Drop Inlets):


a. Concrete blocks are to be placed on their sides in a single row around the perimeter of the inlet, with ends abutting.

b. Openings in the blocks should face outward, not upward. ½” x ½” wire mesh shall then be placed over the outside face of the blocks covering the holes.

c. Filter stone shall then be piled against the wire mesh to the top of the blocks with the base of the stone being a minimum of 18 inches from the blocks.

d. Alternatively, where loose stone is a concern (streets, etc.), the filter stone may be placed in appropriately sized geotextile fabric bags.

7. Excavated Impoundment Protection:

a. Excavated impoundment protection is only applicable to drop inlets.

b. It should not be applied to Y inlets because it will undermine the concrete pad surrounding the inlet opening. Nor can it be used for inlets on pavement.

c. With this protection method, it is necessary to install weep holes to allow the impoundment to drain completely.

d. The impoundment shall be sized such that the volume of excavation is equal to or exceeds the runoff volume from the temporary control design storm (2-year, 24-hour) for the inlet’s drainage area.

e. The trap shall have a minimum depth of one foot and a maximum depth of 2 feet as measured from the top of the inlet and shall have side slopes of 2:1 or flatter.

8. Organic Filter Tube Protection (Curb and Drop Inlets):

a. Organic filter tubes may be used on paved or unpaved surfaces. On paved surfaces, tubes shall be secured in place by rock bags. On unpaved surfaces, the tubes shall be embedded in the ground a minimum of 3 inches and staked at 4 foot spacing.

b. Designer shall provide calculations and specify the diameter of tube to be used based on the inlet’s drainage area and the flow rate of runoff to the inlet.

c. The minimum allowable diameter is 12 inches.

d. For curb protection, the diameter of the tube shall be at least 2 inches less than the height of the inlet opening. The tube should not be allowed to block the entire opening, since it will clog.

e. The tube shall be placed on 4-inch-by-4-inch or 2-inch-by-4-inch wire mesh to prevent the tube from sagging into the inlet. The tube should be long enough to extend a minimum of 12 inches past the curb opening on each side of the inlet.

D. Stone outlet sediment traps (excavated or bermed) for situations where flows are concentrated in a drainage swale or channel are subject to the following installation criteria:

1. The maximum drainage area contributing to the trap shall be less than 10 acres for the excavated trap, and 5 acres or less for the bermed trap. For larger drainage areas a sediment basin shall be used.

2. The minimum storage volume shall be the volume of runoff from the temporary control design storm (2-year, 24-hour) for the sediment trap’s drainage area.


3. The surface area of the design storage shall be 1 percent of the area draining to the device.

4. The maximum embankment height shall be 6 feet as measured from the toe of the slope on the downstream side.

5. Minimum width of the embankment at the top shall be 2 feet.

6. Embankment slope shall be 1:5:1 or flatter.

7. The embankment shall have a depressed area to serve as the outlet with a minimum width of 4 feet.

8. A 6-inch minimum thickness layer of 1-1/2-inch filter stone shall be placed on the upstream face of the embankment when stormwater runoff contains fine silt and clay particles.

9. The embankment shall consist of stone riprap or a combination of compacted fill with stone riprap. The stone may be enclosed in wire mesh or a gabion basket and anchored to the channel bottom to prevent washing away.

10. Fill shall be placed in 8-inch loose lifts (maximum) and compacted to 95 percent Standard Proctor Density at optimum moisture content using ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort.

11. Geotextile fabric, covered with a layer of stone, shall extend past the base of the embankment on the downstream side a minimum of 2 feet.

12. The outlet shall be designed to have a minimum freeboard of 6 inches at design flow.

E. Sediment basins for treatment devices for sites with disturbed areas of 10 acres and larger that are part of a common drainage area are subject to the following installation criteria:

1. Design of the sediment basin should be coordinated with design of the permanent drainage infrastructure for the development. Sediment basin sizing and discharge volumes should be calculated using the NCTCOG iSWM Technical Manual or similar technical manual in accordance with the design criteria of the locality where the basin is constructed.

2. Minimum capacity of the basin shall be the calculated volume of runoff from a 2-year, 24-hour duration storm event plus sediment storage capacity of at least 1000 cubic feet.

3. The basin must be laid out such that the effective flow length to width ratio of the basin is a minimum of 4:1. The effectiveness of sediment basins may be increased by using baffles to prevent short-circuiting of flow through the basin.

4. Top width of the embankment shall be determined by the Engineer based on the total height of the embankment as measured from the toe of the slope on the downstream side.

5. Embankment side slopes shall be 3:1 or flatter.

6. Clay soil for the embankment shall be placed in 8-inch lifts and compacted to 95 percent Standard Proctor Density at optimum moisture content using ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort.


7. The primary outlet shall have a minimum design dewatering time of 36 hours for the temporary control design storm (2-year, 24-hour).

8. Whenever possible, the outlet shall be designed to drain the basin in less than 72 hours to minimize the potential for breeding mosquitoes.

9. The basin’s primary outlet and spillway shall be sized to pass the difference between the conveyance storm (25-year, 24-hour) and the temporary control design storm without causing damage to the embankment and structures.

10. Unless infeasible, the primary outlet structure should withdraw water from the surface of the impounded water. Outlet structures that do this include surface skimmers, solid risers (non-perforated), flashboard risers, and weirs.

11. The outlet of the outfall pipe (barrel) shall be stabilized with riprap or other materials designed using the conveyance storm flow rate and velocity. Velocity dissipation measures shall be used to reduce outfall velocities in excess of 5 feet per second.

12. The outfall pipe through the embankment shall be provided with anti-seep collars connected to the exterior of the pipe section or at a normal joint of the pipe material. The anti-seep collar material shall be compatible with the pipe material used and shall have a watertight bond to the exterior of the pipe section. The size and number of collars shall be selected by the designer in accordance with the NCTCOG iSWM Technical Manual or similar technical manual in accordance with the design criteria of the locality where the basin is constructed.

13. Risers used to discharge high flows shall be equipped with an anti-vortex device and trash rack.

14. Spillways shall be constructed in undisturbed soil material (not fill) and shall not be placed on the embankment that forms the basin.

F. Check dams for long drainage swales or ditches to reduce erosive velocities are subject to the following installation criteria:

1. Typically, the dam height should be between 9 inches and 36 inches, depending on the material of which they are made. The height of the check dam shall always be less than one-third the depth of the channel.

2. Dams should be spaced such that the top of the downstream dam is at the same elevation as the toe of the upstream dam. On channel grades flatter than 0.4 percent, check dams should be placed at a distance that allows small pools to form between each check dam.

3. The top of the side of the check dam shall be a minimum of 12 inches higher than the middle of the dam. In addition, the side of the dams shall be embedded a minimum of 18 inches into the side of the drainage ditch, swale or channel to minimize the potential for flows to erode around the side of the dam.

4. Larger flows (greater than 2-year, 24-hour design storm) must pass the check dam without causing excessive upstream flooding.

5. Check dams should be used in conjunction with other sediment reduction techniques prior to releasing flow offsite.

6. Rock Check Dams:


a. Rock check dams shall have a minimum top width of 2 feet with side slopes of 2:1 or flatter.

7. Rock Bag Check Dams:

a. Rock bag check dams should have a minimum top width of 16 inches.

b. Bag length shall be 24 inches to 30 inches, width shall be 16 inches to 18 inches and thickness shall be 6 inches to 8 inches and having a minimum weight of 40 pounds.

c. Minimum rock bag dam height of 12 inches would consist of one row of bags stacked on top of two rows of bag. The dam shall always be one more row wide than it is high, stacked pyramid fashion.

d. PVC pipes may be installed through the dam to allow for controlled flow through the dam. Pipe should be schedule 40 or heavier polyvinyl chloride (PVC) having a nominal internal diameter of 2 inches.

8. Sack Gabion Check Dams:

a. Sack gabion check dams may be used in channels with a contributing drainage area of 5 acres or less.

b. Wire mesh shall be one piece, wrapped around the rock, and secured to itself on the downstream side using wire ties or hog rings.

c. Sack gabions shall be staked with ¾ inch rebar at a maximum spacing of 3 feet. Each wire sack shall have a minimum of two stakes.

9. Organic Filter Tube Check Dams:

a. Organic filter tubes may be used as check dams in channels with a contributing drainage area of 5 acres or less.

b. Organic filter tubes shall be a minimum of 12 inches in diameter.

c. Staking of filter tubes shall be at a maximum of 4-foot spacing and shall alternate through the tube and on the downstream face of the tube.

G. Stabilized construction exits for sites in which significant truck traffic occurs on a daily basis are subject to the following installation criteria:

1. Limit site access to one route during construction, if possible; two routes for linear and larger projects.

2. Prevent traffic from avoiding or shortcutting the full length of the construction exit by installing barriers. Barriers may consist of silt fence, construction safety fencing, or similar barriers.

3. Design the access point(s) to be at the upslope side of the construction site. Do not place construction access at the lowest point on the construction site.

4. Stabilized Construction Exits are to be constructed such that drainage across the entrance is directed to a controlled, stabilized outlet on-Site with provisions for storage, proper filtration, and removal of wash water.

5. The exit must be sloped away from the paved surface so that storm water is not allowed to leave the Site onto roadways.


6. Minimum width of exit shall be 15 feet.

7. Vehicles shall not be permitted to track or drop sediment onto paved roads, streets, or parking lots. When necessary, vehicles must be cleaned to remove sediment prior to exit onto paved areas. When washing is required, it shall be done on a constructed wheel wash facility that drains into an approved sediment trap or sediment basin or other sedimentation/filtration device.

8. Minimum dimensions for the exit shall be as follows:

Tract Area Minimum Width of Exit

Minimum Length of Exit

<1 Acre 15 feet 20 feet

≥ 1 acre but <5 Acres 25 feet 50 feet

≥5 Acres 30 feet 50 feet

H. Install pollution control devices in a manner consistent with their designed intent.

3.03 MAINTENANCE

A. Maintain pollution prevention control structures and procedures in full working order at all times during construction. This shall include any necessary repair or replacement of items which have become damaged or ineffective. Remove sediment and other pollutants which accumulate in pollution control devices as necessary to maintain the intended design efficiency for the pollution prevention measure.

B. Dispose properly of trash, debris, and other pollutants.

C. Place sediment material in approved earth spoil areas or return the sediment material to the area from which it eroded.

D. Maintain pollution prevention structures and procedures until construction is complete for the area protected and until the Site achieves final stabilization. Unless more stringently defined by Local, State, or Federal requirements, final stabilization is defined as achieving 70 percent of background vegetative cover or placement of permanent cover, such as concrete or asphalt.

E. Upon completion of construction and achievement of final stabilization, properly remove the temporary pollutant control structures and complete the area as indicated. Pollution control devices made of organic materials designed to degrade naturally in place will not require removal, unless specifically required by the Owner, Engineer, or Owner’s representative.

F. Erosion control blankets shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) for bare spots caused by weather related events. Missing or loosened blankets must be replaced or re-anchored. Also check for excess sediment deposited from runoff. Remove sediment and/or replace blanket as necessary. In addition, determine the source of excess sediment and implement appropriate Best Management Practices (BMPs) to control the erosion.

G. Silt fences shall be inspected regularly (at least as often as required by the TPDES Construction General Permit) for buildup of excess sediment, undercutting, sags, and other failures. Sediment should be removed when it reaches approximately one-half the height of


the fence. In addition, determine the source of excess sediment and implement appropriate Best Management Practices (BMPs) to control the erosion. If the fabric becomes damaged or clogged, it shall be repaired or replaced as necessary.

H. Inlet protection shall be inspected regularly (at least as often as required by the TPDES Construction General Permit). Floatable debris and other trash caught by the inlet protection should be removed after each storm event. Sediment should also be removed from curb inlet protection after each storm event because of the limited storage area associated with curb inlets. Sediment collected at inlet protection should be removed before it reaches half the height of the protection device. Sediment should be removed from inlets with excavated impoundment protection before the volume of the excavation is reduced by 50 percent. In addition, the weep holes should be checked and kept clear of blockage. Concrete blocks, 2-inch-by-4-inch boards, stakes, and other materials used to construct inlet protection should be checked for damaged and repaired or replaced if damaged. When filter fabric or organic filter tubes are used, they should be cleaned or replaced when the material becomes clogged. For systems using filter stone, when the filter stone becomes clogged with sediment, the stones must be pulled away from the inlet and cleaned or replaced.

1. Because of the potential for inlet protection to divert runoff or cause localized flooding, remove inlet protection as soon as the drainage area contributing runoff to the inlet is stabilized. Ensure that all inlet protection devices are removed at the end of the construction.

I. The stone outlet sediment trap should be inspected regularly (at least as often as required by the TPDES Construction General Permit) to check for clogging of the void spaces between stones. If the filter stone appears to be clogged, such that the basin will not completely drain, then the filter stone will require maintenance. If the filter stone is not completely clogged it may be raked with a garden rake to allow the water to release from the basin. If filter stone is completely clogged with mud and sediment, then the filter stone will have to be removed and replaced. Failure to keep the filter stone material properly maintained will lead to clogging of the stone riprap embankment. When this occurs, the entire stone rip-rap structure will need to be replaced. If the aggregate appears to be silted in such that efficiency is diminished, the stone should be replaced.

1. Trash and debris should be removed from the trap after each storm event to prevent it from plugging the rock. Deposited sediment shall be removed before the storage capacity is decreased by one-third, or sediment has reached a depth of 1 foot, whichever is less. The removed sediment shall be stockpiled or redistributed in areas that are protected with erosion and sediment controls.

J. Sediment basins should be inspected regularly (at least as often as required by the TPDES Construction General Permit) to check for damage and to insure that obstructions are not diminishing the effectiveness of the structure. Sediment shall be removed and the basin shall be re-graded to its original dimensions when the sediment storage capacity of the impoundment has been reduced by 20 percent. The removed sediment may be stockpiled or redistributed onsite in areas that are protected by erosion and sediment controls.

1. Inspect temporary stabilization of the embankment and graded basin and the velocity dissipaters at the outlet and spillway for signs of erosion. Repair any eroded areas that are found. Install additional erosion controls if erosion is frequently evident.


K. Check dams should be inspected regularly (at least as often as required by the TPDES Construction General Permit). Silt must be removed when it reaches approximately 1/3 the height of the dam or 12 inches, whichever is less. Inspectors should monitor the edges of the dam where it meets the sides of the drainage ditch, swale or channel for evidence of erosion due to bypass or high flows. Eroded areas shall be repaired. If erosion continues to be a problem, modifications to the check dam or additional controls are needed.

1. Care must be used when taking out rock check dams in order to remove as much rock as possible. Loose rock can create an extreme hazard during mowing operations once the area has been stabilized.

L. Stabilized construction exits should be inspected regularly (at least as often as required by the TPDES Construction General Permit). The stabilized construction exit shall be maintained in a condition that prevents tracking or flow of sediment onto paved surfaces. Periodic re-grading and top dressing with additional stone must be done to keep the efficiency of the exit from diminishing. The rock shall be re-graded when ruts appear. Additional rock shall be added when soil is showing through the rock surface.

1. Additional controls are needed if inspections reveal a properly installed and maintained exit, but tracking of soil outside the construction area is still evident. Additional controls may be daily sweeping of all soil spilled, dropped, or tracked onto public rights-of-way or the installation of a wheel cleaning system.

3.04 FIELD QUALITY CONTROL

A. In the event of conflict between the specified requirements and storm water pollution control laws, rules, or regulations, or other Local, State, or Federal agencies, the more restrictive laws, rules, or regulations shall apply.

3.05 SCHEDULES

A. Prior to start of construction, submit schedules to the Owner and Engineer for accomplishment of temporary and permanent erosion control work in connection with required clearing and grubbing, grading, construction, and paving. Include a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials in the submittal.

END OF SECTION

Product Requirements 01 60 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 60 00 PRODUCT REQUIREMENTS

1.00 GENERAL

1.01 WORK INCLUDED

A. Provide products for this Project that comply with the requirements of this Section. Specific requirements of the detailed equipment specifications govern in the case of a conflict with the requirements of this Section.

B. Comply with applicable specifications and standards.

C. Comply with size, make, type, and quality specified or as modified per Section 01 31 13 “Project Coordination.”


A. Design Criteria:

1. Assume responsibility for the design of the products to include structural stability and operational capability.

2. Design members to withstand all loads imposed by installation, erection, and operation of the product without deformation, failure, or adversely affecting the operational requirements of the product. Size and strength of materials for structural members are specified as minimums only.

3. Design mechanical and electrical components for all loads, currents, stresses, and wear imposed by startup and normal operations of the equipment without deformation, failure, or adversely affecting the operation of the unit. Mechanical and electrical components specified for equipment are specified as the minimum acceptable for the equipment.

B. Coordination:

1. Provide coordination of the entire Project, including verification that structures, piping, and equipment components to be furnished and installed for this Project are compatible.

2. Determine that the equipment furnished for this Project is compatible with the requirements of the Contract Documents and with the equipment and materials furnished by others.

3. Electrical components provided for equipment shall comply with all provisions of the Contract Documents.

4. Protective coatings and paints applied to equipment shall be fully compatible with the final coatings to be field applied in accordance with the Contract Documents.

C. Adaptation of Equipment:

1. Drawings and Specifications are prepared for the specified products. Make modifications to incorporate the products into the Project at no cost to the Owner, if a substitution for a product is requested and approved in accordance with Section 01 31 13 “Project Coordination.”


2. Do not provide a product with a physical size that exceeds the available space. Consideration may be given to the acceptance of these products or equipment if the Contractor assumes all costs necessary to incorporate the item and the Engineer approves such revisions.

3. Coordinate electrical requirements for the products to be installed in the Project, including revisions in electrical equipment components wiring and other factors necessary to incorporate the component.

1.03 SUBMITTALS

A. Provide Submittals in accordance with Section 01 33 00 “Submittal Procedures,” and shall include:

1. Certificates of Adequacy of Design, as described in Section 01 33 00 “Submittal Procedures.”

2. Equipment Installation Reports per Section 01 75 00 “Starting and Adjusting.”

3. Other documentation as required by detailed equipment specifications.

1.04 STANDARDS

A. The applicable industry standards referenced in the Specifications shall apply as if written here in its entirety.

B. Except where otherwise indicated, structural and miscellaneous fabricated steel used in items of equipment shall conform to the Standards of the American Institute of Steel Construction.

1.05 GUARANTEES AND WARRANTIES

A. Guarantee and or Warranty products furnished by the Contractor under this Contract against:

1. Faulty or inadequate design.

2. Improper assembly or erection.

3. Defective workmanship or materials.

4. Leakage, breakage, or other failure.

B. Guarantee and or Warranty the products installed under this Contract, including products furnished by the Owner, against leakage, breakage, or other failure due to improper assembly or erection and against improper installation of the equipment. The guarantee and or Warranty period shall be as defined in the General Conditions. Individual Sections of the Specifications may have more stringent warranty requirements than stated in the General Conditions. The most stringent warranty will be required in the event of any difference in the two aforementioned locations.

2.00 PRODUCTS

2.01 MATERIALS


A. Design, fabricate, assemble, deliver and install according to normally accepted engineering and shop practices, except where a higher standard of quality is required by the Contract Documents.

B. Manufacture like parts of duplicate units to standard sizes and gages. Like parts are to be interchangeable.

C. Two or more items of the same kind are to be identical and made by the same Supplier.

D. Provide products suitable for the intended service.

E. Adhere to the equipment capacities, sizes, and dimensions indicated by the Contract Documents.

F. Do not use products for any purpose other than that for which it is designed.

G. Provide new products unless previously used products are specifically allowed in the Contract Documents.

H. Equipment shall not have been in service at any time prior to delivery, except as required by tests.

I. Materials shall be suitable for service conditions.

J. Iron castings shall be tough, close-grained gray iron free from blowholes, flaws, or excessive shrinkage and shall conform to ASTM A48.

K. Structural members shall be considered as subject to shock or vibratory loads.

L. Unless otherwise indicated, steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4-inch thick. All edges are to be chamfered to preclude any sharp exposed edges.

2.02 ELECTRIC MOTORS

A. Unless otherwise required by the detailed equipment specifications, motors furnished with equipment shall comply with the following requirements:

1. Motors shall be designed and applied in compliance with NEMA, ANSI, IEEE, and AFBMA standards and the NEC for the specific duty imposed by the driven equipment.

2. Where frequent starting occurs, motors shall be designed for frequent starting duty equivalent to the duty service required by the driven equipment.

3. Unless recognized and defined by the standards and codes for intermittent duty as a standard industry practice, motors shall be rated for continuous duty at 40 C ambient. Motor temperature rise above 40 C ambient on continuous operation at nameplate horsepower shall not exceed the NEMA limit.

4. Motors shall be designed to start with appropriate starter or variable speed drive.

5. Motor bearing life shall be based upon the actual operating load conditions imposed by the driven equipment.

6. Motors shall be sized for the altitude at the location where the equipment is to be installed.


7. Motors with 1.0 service factor shall not be loaded more than 87 percent of the nameplate horsepower. Motors with a 1.15 service factor shall not be loaded more than 100 percent of the nameplate horsepower.

8. Where the detailed equipment specifications call for encapsulated motor windings, the following process shall be used:

a. After stator assembly, the stator assembly shall be sealed vacuum-pressure impregnation (VPI) of epoxy resin. The stator shall receive two VPI treatments, each treatment consisting of a dip followed by an oven bake. After the final cure, the stator assembly shall receive a final (third) coating of a durable epoxy varnish to further protect against dust, moisture, and a chemical degradation. The windings shall comply with the latest applicable provisions of NEMA MG1.

9. Motors shall have a clamp-type grounding terminal inside the motor conduit box.

10. Motors with external conduit boxes shall have oversized conduit boxes.

11. Maximum starting current shall be per NEMA MG1, Class H.

12. Efficiency shall be per NEMA MG1 for [High] [Premium] efficiency motors.

13. Minimum insulation shall be Type F.

14. Motors shall be random wound with copper coils.

15. Motors located in a hazardous location shall be rated for the appropriate classification.

B. It is intended that the Supplier use his standard motor on integrally constructed motor driven equipment such as appliances, hand tools, etc., which would otherwise require redesign of the complete unit in order to provide a motor having the specified features.

C. Unless otherwise required by the detailed equipment specifications, motors within the horsepower ranges indicated below shall be rated and constructed as follows:

1. Below 1/2 HP:

a. 115-volt, 60-Hz, 1-phase.

b. Dripproof in clean and dry locations; TEFP in all other locations.

c. Permanently lubricated sealed bearings.

d. Built-in manual-reset thermal protector; or furnished with integrally mounted stainless steel enclosed manual motor-overload switch.

2. 1/2 to 1 HP:

a. 230/460-volt, 60-Hz, 3-phase.

b. Dripproof in clean and dry locations; TEFC in all other locations.

c. Permanently lubricated sealed bearings.

3. 1-1/2 HP and Above:

a. [230/460] [208]-volt, 60-Hz, 3-phase.

b. Dripproof in clean and dry locations; TEFC in all other locations.

c. Oil or grease lubricated anti-friction or oil lubricated sleeve bearings.


d. Vertical motors shall have 15 year average life thrust bearings.

D. Motors with horsepower ratings of 15 horsepower or greater shall be provided with space heaters to operate on 120-volt single-phase service.

2.03 EQUIPMENT APPURTENANCES

A. Cover belt or chain drives, fan blades, couplings, and other moving or rotating parts on all sides by a safety guard.

1. Fabricate safety guards from 16 USS gage or heavier galvanized or aluminum-clad sheet steel or 1/2-inch mesh galvanized expanded metal.

2. Design guards for easy installation and removal.

3. Provide galvanized supports and accessories for each guard.

4. Provide stainless steel bolts and hardware.

5. Provide safety guards in outdoor locations designed to prevent the entrance of rain and dripping water.

2.04 ANCHOR BOLTS

A. Provide suitable anchor bolts for each product.

B. Provide anchor bolts, with templates or setting drawings, sufficiently early to permit setting the anchor bolts when the structural concrete is placed.

C. Provide two nuts for each bolt.

D. Provide anchor bolts for products mounted on baseplates that are long enough to permit 1-1/2 inches of grout beneath the baseplate and to provide adequate anchorage into structural concrete.

E. Provide stainless steel anchor bolts, nuts, and washers.

2.05 SPECIAL TOOLS AND ACCESSORIES

A. Furnish tools, instruments, lifting and handling devices, and accessories necessary for proper maintenance and adjustment that are available only from the Vendor or are not commonly available.

2.06 EQUIPMENT IDENTIFICATION PLAQUES

A. Provide a plaque for each piece of equipment in accordance with Section 40 05 53 “Identification for Process Piping and Equipment.”

2.07 LUBRICATION SYSTEMS FOR EQUIPMENT

A. Provide equipment lubricated by systems which:

1. Require attention no more frequently than weekly during continuous operation.

2. Do not require attention during startup or shutdown.

3. Do not waste lubricants.


B. Provide lubricants to fill lubricant reservoirs and to replace lubricant consumed during testing, startup, and operation prior to acceptance of equipment by the Owner.

2.08 INSULATION OF PIPING

A. Insulate all piping on or related to equipment as required to prevent freezing under any condition. Insulate piping per the Supplier’s written instruction or per Section 23 07 19 “HVAC Piping Insulation” whichever is more stringent.

3.00 EXECUTION

3.01 INSTALLATION

A. Install equipment including equipment pre-selected or furnished by the Owner. Assume responsibility for proper installation, startup and making the necessary adjustments so that the equipment is placed in proper operating condition per Section 01 75 00 “Starting and Adjusting.”

3.02 LUBRICATION

A. Lubricate all products provided or installed for this Project, including products furnished by the Owner, per the Supplier’s written recommendations until the product is accepted by the Owner.

END OF SECTION

Execution and Closeout Requirements 01 70 00 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS

1.00 GENERAL

1.01 WORK INCLUDED

A. Comply with requirements of the General Conditions and specified administrative procedures in closing out the Construction Contract.

1.02 SUBMITTALS

A. Submit affidavits and releases on forms provided by the Engineer.

1.03 SUBSTANTIAL COMPLETION

A. Submit written notification that the Work or designated portion of the Work is substantially complete to the Engineer when the Work is considered to be substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete.

B. Engineer shall visit the Site to observe the Work within a reasonable time after notification is received to determine the status of completion.

C. Engineer shall issue notification to the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project may be considered substantially complete.

1. Engineer shall notify the Contractor in writing of items that must be completed before the Project can be considered substantially complete.

a. Correct the noted deficiencies in the Work.

b. Issue a second written notice with a revised list of deficiencies when Work has been completed.

c. Engineer shall revisit the Site and the procedure shall begin again.

2. Engineer shall issue a Certificate of Substantial Completion to the Owner when the Project is considered to be substantially complete. Certificate shall include a tentative list of items to be corrected before final payment.

a. Owner will review and revise the list of items and notify the Engineer of any objections or other items that are to be included in the list.

b. Engineer shall prepare and send to the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be corrected or completed.

c. Review the list and notify the Engineer in writing of any objections within 10 days of receipt of the Certificate of Substantial Completion.

1.04 FINAL INSPECTION

A. Submit written certification in the form provided by the Engineer when the Project is complete and:


1. Contract Documents have been reviewed.

2. Work has been completed in compliance with the Contract Documents.

3. Equipment and systems have been tested per Contract Documents and are fully operational.

4. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed.

5. Specified spare parts and special tools have been provided.

6. Work is complete and ready for final inspection.

B. Engineer shall make an inspection with the Owner and appropriate regulatory agencies to determine the status of completeness within a reasonable time after the receipt of the Certificate.

C. Engineer shall issue notice that the Project is complete or notify the Contractor that Work is not complete or is defective.

1. Submit the request for final payment with Closeout submittals described in Paragraph [1.07] if notified that the Project is complete and the Work is acceptable.

2. Upon receipt of notification from the Engineer that Work is incomplete or defective, take immediate steps to remedy the stated deficiencies. Send a second certification to the Engineer when Work has been completed or corrected.

3. Engineer shall re-visit the Site and the procedure will begin again.

1.05 REINSPECTION FEES

A. Pay fees to the Owner to compensate the Engineer for reinspection of the Work required by the failure of the Work to comply with the claims of status of completion made by the Contractor.

B. Owner may withhold the amount of these fees from the Contractor’s final payment.

C. Cost for additional inspections will be billed to the Owner by the Engineer for the actual hours required for the reinspection and preparation of related reports in accordance with the rates provided in the Supplemental Conditions.

1.06 CLOSEOUT SUBMITTALS TO THE ENGINEER

A. Record Drawings per Section 01 31 00 “Project Coordination.”

B. Keys and keying schedule.

C. Warranties and bonds.

D. Evidence of payment or release of liens on the forms provided by the Engineer and as required by the General Conditions.

E. Consent from Surety to Final Payment.

F. Equipment Installation Reports on equipment.

G. Shop Drawings, Record Data, Operations and Maintenance Manuals, and other submittals as required by the Contract Documents.


H. Specified spare parts and special tools.

I. Certificates of Occupancy, operating certificates, or other similar releases required to allow the Owner unrestricted use of the Work and access to services and utilities.

J. Evidence of final, continuing insurance, and bond coverage as required by the Contract Documents.

K. Final Photographs per Section 01 32 33 “Photographic Documentation.”

1.07 FINAL APPLICATION FOR PAYMENT REQUEST

A. Submit a preliminary final Application for Payment. This application is to include adjustments to the Contract Price for:

1. Approved Change Orders.

2. Allowances not previously adjusted by Change Order.

3. Unit prices.

4. Deductions for defective Work that has been accepted by the Owner.

5. Penalties and bonuses.

6. Deductions for liquidated damages.

7. Deductions for reinspection payments per Paragraph [1.05].

8. Other adjustments.

B. Engineer shall prepare a final Change Order, reflecting the approved adjustments to the contract amount which have not been covered by previously approved Change Orders.

C. Submit the final Application for Payment per the General Conditions, including the final Change Order.

1.08 TRANSFER OF UTILITIES

A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued, final cleaning has been completed per Section 01 74 23 “Final Cleaning,” and the Work has been occupied by the Owner.

B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work.

1.09 WARRANTIES, BONDS, AND SERVICES AGREEMENTS

A. Provide warranties, bonds, and service agreements required by Section 01 33 00 “Submittal Procedures” or by the individual Sections of the Specifications.

B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions.

C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents.

1. Each document is to be signed by the respective Supplier or Subcontractor.


2. Each document is to include:

a. The product or work item description.

b. The firm, with the name of the principal, address, and telephone number.

c. Scope of warranty, bond or services agreement.

d. Date, duration, and expiration date for each warranty bond and service agreement.

e. Procedures to be followed in the event of a failure.

f. Specific instances that might invalidate the warranty or bond.

D. Submit two copies of each document to the Engineer for review and transmittal to the Owner.

1. Submit duplicate sets.

2. Documents are to be submitted on 8-1/2 x 11 paper, punched for a standard three-ring binder.

3. Submit each set in a commercial quality three-ring binder with a durable and cleanable plastic cover. The title “Warranties, Bonds, and Services Agreements”, the Project name and the name of the Contractor are to be typed and affixed to the cover.

E. Submit warranties, bonds and services agreements:

1. At the time of final completion and before final payment.

2. Within 10 days after inspection and acceptance for equipment or components placed in service during the progress of construction.

1.10 CLAIMS AND DISPUTES

A. Claims and disputes must be resolved prior to recommendations of final Application for Payment. Acceptance and final payment by the Contractor will indicate that any outstanding claims or disputed issues have been resolved to the full satisfaction of the Contractor.



END OF SECTION

Final Cleaning 01 74 23 - 1 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

01 74 23 FINAL CLEANING

1.00 GENERAL

1.01 This Section specifies administrative and procedural requirements for final cleaning at Substantial Completion.

1.02 WORK INCLUDED

A. Perform a thorough cleaning of the Site, buildings, or other structures prior to Owner occupancy of the buildings, and prior to Final Completion. Leave the Project clean and ready for occupancy.

1.03 SUBMITTALS

A. Provide data for maintenance per Section 01 78 23 “Operation and Maintenance Data.”

1.04 QUALITY CONTROL

A. Use experienced workmen or professional cleaners for final cleaning.

2.00 PRODUCTS

2.01 MATERIALS

A. Furnish the labor and products needed for cleaning and finishing as recommended by the manufacturer of the surface material being cleaned.

B. Use cleaning products only on the surfaces recommended by the Supplier.

C. Use only those cleaning products which will not create hazards to health or property and which will not damage surfaces.

3.00 EXECUTION

3.01 FINAL CLEANING

A. Thoroughly clean the entire Site and make ready for occupancy.

1. Remove construction debris, boxes, and trash from the Site.

2. Remove construction storage sheds and field offices.

3. Restore grade to match surrounding condition and remove excess dirt.

4. Sweep all drives and parking lots clean of dirt and debris. Use water truck or hose down paved site to like new appearance.

B. Clean floors and inspect for damage.

1. Remove oil, grease, paint drippings, and other contaminants from floors, then mop repeatedly until thoroughly clean. Replace damaged flooring.

Final Cleaning 01 74 23 - 2 PRK09184 – IH-20 INTERCHANGE TJS – 05/23/2012

2. Clean resilient flooring with an approved cleaner and provide one coat liquid floor polish as recommended by the Supplier. Polish to a buffed appearance with powered floor buffer.

3. Vacuum all carpets with powered floor sweeper to remove dirt and dust. Remove glue or other substances from nap of carpet.

C. Clean and polish inside and outside glass surfaces. Wash with window cleaner and water, apply a coat of high quality glass polish and wipe clean. Do not scratch or otherwise mar glass surfaces.

D. Clean wall surfaces to remove dirt or scuff marks. Remove excess adhesive along top edges of wall base. Remove adhesive from surfaces of vinyl wall coverings.

E. Align tile to fit properly in grid and replace cracked or damaged tile. Remove smear marks and other dirt from tile and clean surface of grid system.

F. Spot paint nicks and other damage. If spot-painting does not blend into the existing color and texture of the surrounding surfaces, repaint wall from inside corner to inside corner. Touch up damaged surfaces on factory finished equipment using special paint furnished by the manufacturer.

G. Clean plumbing fixtures, valves, and trim. Clean toilet seats and covers. Remove labels and adhesive from fixtures. Remove floor drains and clean baskets or buckets. Polish strainers and exposed chrome or brass.

H. Remove dirt, oil, grease, dust and other contaminants from floors, equipment and apparatus in mechanical and electrical rooms with vacuum.

I. Clean and polish ceramic tile floors and wall surfaces to remove mildew or other stains. Tuck point defective joints.

J. Inspect exterior painted surfaces. Spot paint any damaged surfaces.

K. Clean permanent filters and replace disposable filters on heating, ventilating, and air conditioning systems. Clean ducts, blowers, and coils if units were operated without filters during construction.

L. Clean roof areas of debris; flush roof drainage systems with water until clear.

M. Broom clean exterior paved surfaces and rake clean other surfaces of the grounds.

N. Clean and polish all electrical equipment and exposed conduits. Remove paint overspray. Provide a blemish free appearance on all exposed equipment and conduits.

END OF SECTION

DIVISION 03 GEOTECH REPORT

The report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc., should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of the report. Statements, conclusions, and recommendations in the report are directed to the Owner and the Owner’s design engineers, and not to bidding contractors. The context of the statements, conclusions, and recommendations have been conveyed to the Owner and the Owner’s design engineers through various meetings, correspondence, and shall not be interpreted by bidding contractors to have singular meaning or interpretation for bidding purposes. The report was made for design purposes only and verification of the subsurface conditions for other purposes including, but not limited to determining difficulty of excavation, traffic ability, suitability of on site soil materials or quantities, etc., is the responsibility of bidding contractors.

Plate 1

Project Location

Not to Scale

VICINITY MAPParker County Bond Transportation Program

3.01a Western Loop: IH-20 Interchange Weatherford, Texas

Project 104008 January 2010

Plate 2

PHOTOGRAPHIC DOCUMENTATION Parker County Bond Transportation Program

3.01a Western Loop: IH-20 Interchange Project 104008-3.01a

November 2009

No. 1 Viewing westerly. Drill rig on Boring 3.

No. 2 Viewing easterly. Drill rig on Boring 3.

No. 3 Viewing easterly from IH-20 Bridge. Drill rig on Boring 3.

No. 4 Viewing westerly along east bound service road.

@A

@A@A

@A @A

@A@AB-07

B-06

B-05B-04B-02

B-01

B-03

Plan of BoringsParker County Transportation Bond Program

3.01a Western Loop: IH-20 InterchangeWeatherford, Texas

3104008.3.01a

November 2009C. Seaton

J. Griffin

.mxd

£

PROJECT NO.DRAWN:DRAWN BY:CHECKED BY:FILE NAME:

PLATE

www.kleinfelder.com

Source: ESRI ArcGIS Online Resources0 400 800

Feet

The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information.

KLEINFELDER KEY TO LOGS OF BORINGS

DRILLING AND SAMPLING SYMBOLS AND TERMS:

Thin-Walled Tube Sample TxDOT Cone Penetrometer Test Auger Sample/Drilling Bag Sample Split Spoon Sample & Standard Penetration Test Water Level Initial Measurement Continuous Core Sample Water Level Subsequent Measurement

Hand Penetrometer : An indicator of fine-grained soils consistency. Reported as tons per square foot (tsf). Core Recovered : Length of rock core recovered as a percent of the total continuous core sample length. RQD : Rock Quality Designation (RQD) is a measure of the integrity of recovered core

samples. Reported in percentage as the sum of core pieces greater than 4 inches in length.

Blow Count : Indicator of soil or rock density/consistency, and correlates to the soil strength. Blow count columns used to report values for both the SPT and the TxDOT Cone Penetrometer. Each column refers to the number of hammer blows required to advance the split spoon sampler or cone 6 inches. Note that the seating blows (first 6 inch drive) are not reported. For the SPT the “N” value is the sum of the values for the second and third drive. In cases where resistance was high during the first, second or third drive, the number of inches of penetration for 50 blows of the hammer is reported.

RELATIVE DENSITY

OF COARSE-GRAINED SOILS CONSISTENCY

OF FINE-GRAINED SOILS

Penetration Resistance Blows/foot

Relative Density

Hand Penetrometer Readings, tsf

Consistency (see Note)

0-4 Very Loose <1 Soft 4-10 Loose 1-2 Firm 10-30 Medium Dense 2-3 Stiff 30-50 Dense 3-4 Very Stiff

over 50 Very Dense >4.0 Hard

Note: Some clays may have lower unconfined compressive strengths because of planes of weakness or cracks within the soil. The consistency rating of such soils are based on penetrometer readings.

TERMS CHARACTERIZING SOIL STRUCTURE:

Fissured : Containing cracks, usually more or less vertical Laminated : Composed of thin layers of varying color and texture, typically horizontal Interbedded : Composed of alternate layers of different soil types Calcareous : Containing appreciable quantities of calcium carbonate Well graded : Having wide range in grain sizes and substantial intermediate particle sizes Poorly graded : Predominantly one grain size, or having some intermediate size missing Slickensided : Having inclined planes of weakness that are slick and glossy in appearance GENERAL DEGREE OF WEATHERING:

Unweathered : Rock in its natural state before being exposed to weathering agents Slightly weathered : Noted predominantly by color change with no disintegrated zones Weathered : Complete color change with zones of slightly decomposed rock Severely weathered : Complete color change with consistency, texture, and appearance approaching soil SUBSURFACE CONDITIONS:

Soil and rock descriptions on the boring logs are a compilation from field data as well as from laboratory test results. The stratification lines represent the approximate boundary between materials and the actual transition can be gradual. Water level observations have been made in the borings at the times indicated. Note that fluctuations in groundwater level(s) may occur due to variations in rainfall, hydraulic conductivity of soil strata, construction activity, and other factors.

Plate 4 Copyright 2009 Kleinfelder

DRILLING LOG 1 of 2

WinCoreVersion 3.1

County ParkerHighway IH-20 InterchangeCSJ

Hole 3.01a-B1StructureStationOffset

DistrictDate 9/16/09Grnd. Elev. 0.00 ftGW Elev. -58.50 ft

Elev.(ft)

LOG

Texas ConePenetrometer Strata Description

Triaxial Test PropertiesLateral DeviatorPress. Stress (psi) (psi)

MC LL PIWetDen.(pcf)

Additional Remarks

Driller: WEST Drilling Logger: K. Miears Organization: Kleinfelder

L:\2010\Projects\104008 Parker Cty Proj\Technical Ltrs\3.01a_Western Loop IH-20 Interchange\Wincore Logs.clg

20 (6) 50 (6)

9 (6) 9 (6)

38 (6) 49 (6)

50 (4.5) 50 (1.25)

50 (1.5) 50 (0.5)

50 (0.75) 50 (0.25)

50 (1) 50 (0.25)

50 (3) 50 (2.5)

28 14 % Passing #200 - 44

% Passing #200 - 30

44 22 % Passing #200 - 79

% Passing #200 - 44- with highly cemented light brown sandstone layer from 11 to 12 feet

20 0 % Passing #200 - 44

-becomes yellow-brownbelow 28 feet

- becomes light gray,highly cemented below31 feet

- with yellow-brown clayey sandlayer from 32 to 33 feet

23 3 % Passing #200 - 36

- moist at 37 feet- becomes brown-gray and light yellow-brown below 38 feet

SAND, CLAYEY, dark brown, compact (FILL)

-2.SAND, with clay, gray to light brown, firm, fine grained (FILL)

-4.CLAY, with sand, orange-brown to dark brown, soft, with gravel (FILL) (CL)

-7.CLAY, with sand, gray with dark brown to yellow-red-brown, hard, silty (CL)

-13.SAND, CLAYEY, light brown to yellow-brown, dense

-17.SAND, with clay, gray to light brown, dense to very dense, fine grained, silty

-20.SANDSTONE, light yellow-brown to light brown, very hard, weakly to moderately cemented

-35.SAND, SILTY, dark brown to light brown, mottled with yellow-red-brown, dense to very dense

Remarks: Groundwater seepage occured at 58.5 feet during drilling. NAD83 Coordinates 32.72858, -97.84075

Any ground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time, climatic conditions, and/or construction activity.

5

10

15

20

25

30

35

40

Plate 5a

DRILLING LOG 2 of 2

WinCoreVersion 3.1




Elev.(ft)

LOG




Additional Remarks



50 (1.5) 50 (0.5)

50 (1.5) 50 (0.5)

50 (0.75) 50 (0.25)

50 (1) 50 (0.75)

50 (3.25) 50 (0.25)

50 (1) 50 (0.25)

50 (0.5) 50 (0)

- increasing clay from 43to 44 feet

- with dense sand seams andlayers below 49 feet

% Passing #200 - 50

- becomes yellow-brown toyellow-red-brown

- with moderately to highlycemented layer from 56 to58 feet

SAND, SILTY, dark brown to light brown, mottled with yellow-red-brown, dense to very dense

-59.SANDSTONE, light gray, very hard, weakly to moderately cemented

-70.

Remarks: Groundwater seepage occured at 58.5 feet during drilling. NAD83 Coordinates 32.72858, -97.84075


45

50

55

60

65

70

75

80

Plate 5b

DRILLING LOG 1 of 2

WinCoreVersion 3.1




Elev.(ft)

LOG




Additional Remarks



50 (2.25) 50 (0.5)

50 (3.75) 50 (0.25)

50 (1) 50 (0.5)

50 (2.75) 50 (0.75)

50 (4) 50 (2)

50 (0.75) 50 (0.75)

50 (0.25) 50 (0)

4 0 0 % Passing #200 - 35

SPT=92/8.75 inches

SPT=50/1.75 inches

- with weakly to moderatelycemented sandstone partingsand seams below 6 feet

10SPT=50/3.75 inches

7 % Passing #200 - 28SPT=50/1 inch

SPT=50/0.5 inch

SPT=50/1.75 inches

16 24 8 % Passing #200 - 59SPT=50/3.75 inches

SPT=50/1.5 inches

SPT=50/1.75 inches

SAND, with clay-1.

SAND, silty, light yellow-brown and light brown, dense to very dense, with clay

-26.CLAY, SANDY, light yellow-brown and light brown, hard, silty (CL)

-30.SAND, silty, light yellow-brown, light brown and light brown-gray, very dense

-35.SAND, dark gray to olive-gray, very dense, carbonaceous

Remarks: Groundwater seepage occurred at 19.5 feet during drilling. Water at 30.5 feet and boring caved to 44 feet upoon completion of drilling. NAD83 Coordinates 32.72811, -97.84069


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Plate 6a

DRILLING LOG 2 of 2

WinCoreVersion 3.1




Elev.(ft)

LOG




Additional Remarks



50 (1.25) 50 (0.25)

50 (0.25) 50 (0.25)

50 (1.25) 50 (0.25)

SAND, dark gray to olive-gray, very dense, carbonaceous

-50.

Remarks: Groundwater seepage occurred at 19.5 feet during drilling. Water at 30.5 feet and boring caved to 44 feet upoon completion of drilling. NAD83 Coordinates 32.72811, -97.84069


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75

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Plate 6b

DRILLING LOG 1 of 2

WinCoreVersion 3.1




Elev.(ft)

LOG




Additional Remarks



50 (0.75) 50 (0.25)

38 (6) 50 (4)

50 (2) 50 (1)

50 (3) 50 (0.25)

50 (4) 42 (6)

50 (2.5) 50 (0.5)

38 19 % Passing #200 - 90- with highly jointed calcareoussandstone at 22 feet

- becoming increasing siltybelow 10 feet

18 0 % Passing #200 - 56

% Passing #200 - 31- with moderately cemented hardsandstone at 22 feet

- with sandstone seams below29 feet

23 7 % Passing #200 - 42

- becomes yellow-brown to brown

- moderately to highly cemented

CLAY, dark brown, yellow-brown to light brown, stiff, with gravel (FILL) (CL)-2.2CLAY, SANDY, light brown to brown, hard to very hard, with well graded calcareous sandstone layers (CL)

-23.SAND, SILTY with clay, brown to light brown, dense, well graded, moist, with occasional sandy clay

-33.SANDSTONE, light brown, hard to very hard, weakly to moderately cemented, intercalated with dense to very dense sand seams and layers

Remarks: Groundwater seepage occurred at 32 feet during drilling. NAD83 Coordinates 32.72792, -97.84098


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Plate 7a

DRILLING LOG 2 of 2

WinCoreVersion 3.1




Elev.(ft)

LOG




Additional Remarks



50 (1) 50 (0.25)

50 (1.5) 50 (0.25)

50 (1.5) 50 (0.75)

50 (1.25) 50 (0.25)

50 (2) 50 (1.75)

50 (0) 50 (0.25)

50 (0.5) 50 (0.25)

at 40 feet

- becomes yellow-brown

SANDSTONE, light brown, hard to very hard, weakly to moderately cemented, intercalated with dense to very dense sand seams and layers

-53.CLAY, SHALY SANDY, light brown to brown, hard (CL)

-56.SANDSTONE, light brown, very hard, weakly to moderately cemented, intercalated with very dense find sand seams and layers, with occasional sandy clay seams

-70.

Remarks: Groundwater seepage occurred at 32 feet during drilling. NAD83 Coordinates 32.72792, -97.84098


45

50

55

60

65

70

75

80

Plate 7b

3

17

14

50/4¾"

50/5½"

50/4"

50/5"

26

NP

23

2.5'

6.5'

13.5'

20.0'

18

NP

19

8

NP

4

CLAYEY SAND, dark brown to brown,loose to medium dense (FILL)

SILTY SAND with clay, yellow-brown tolight brown, medium dense to dense, finegrained, poorly graded (FILL)- yellow-red-brown with highly cementedsandstone fragmentsSANDSTONE, light brown to yellow-brown,hard, weakly to moderately cemented, withlimestone seams

SILTY SAND with clay, light brown toyellow-brown with gray, very dense

14

6

14

47

25

32

7

22

17

Han

d P

enet

rom

eter

, tsf

RQ

D, %

Plate 8

Blo

w C

oun

t (2n

d D

rive)

Pla

stic

Lim

it

Pla

stic

ity In

dex

Project Description:

Location:Approx. Surface Elevation:

LOG OF BORING NO. 3.01a-B4

Cor

e R

ecov

ere

d, %

5

10

15

20

Sam

ple

s

Uni

t Dry

Wei

ght,

pcf

Blo

w C

oun

t (3r

d D

rive)

Sym

bol/U

SC

S

% P

assi

ngN

o. 2

00 S

ieve

Moi

stur

e C

onte

nt,

%

Str

ain

at F

ailu

re, %

Liqu

id L

imit

Unc

. Com

pres

sive

Str

engt

h, ts

f

Completion Depth:

Date Boring Started:

Date Boring Completed:

Logged by:

Project No.:

20 ft.

9/15/09

9/15/09

K. Miears

104008-3.01a

Dep

th

Strata boundaries are approximate, and in situ transitions may begradual. This Log of Boring is not intended for bidding or estimatingpurposes. Boring log(s) should not be reproduced separately fromthe engineering report unless said report is specifically included byreference.

32.72853-97.84423Boring dry upon completion of drilling.

MATERIAL DESCRIPTION

Latitude:Longitude:Remarks:

Parker County Bond Transportation ProgramWeatherford, Texas3.01a Western Loop: IH-20 InterchangeNot Provided

3

7

11

12

43

50/3½"

50/4¾"

33

33

27

2.5'

9.0'

18.0'

20.0'

15

15

16

18

18

11

CLAYEY SAND, dark brown toyellow-red-brown, loose to medium dense- becomes light yellow-brown below 1.5feetSANDY CLAY, yellow-red-brown to lightyellow-brown, stiff

- with calcareous concretions

SANDSTONE, yellow-brown to light brown,hard, weakly to moderately cemented, withvery dense sand seams and layers

SANDY CLAY, light brown, very stiff tohard, with calcareous accretions

21

14

11

12

35

77

38

64

4

9

12

15

20

Han

d P

enet

rom

eter

, tsf

RQ

D, %

Plate 9

Blo

w C

oun

t (2n

d D

rive)

Pla

stic

Lim

it

Pla

stic

ity In

dex




Cor

e R

ecov

ere

d, %

5

10

15

20

Sam

ple

s

Uni

t Dry

Wei

ght,

pcf

Blo

w C

oun

t (3r

d D

rive)

Sym

bol/U

SC

S

% P

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Completion Depth:



Logged by:

Project No.:

20 ft.

9/16/09

9/16/09

K. Miears

104008-3.01a

Dep

th






18

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SANDY CLAY, yellow-brown andred-brown, firm (FILL)SANDY CLAY, light yellow-brown andolive-gray, very stiff, with shaly clay seams,with caliche accretionsCLAYEY SAND, light brown toyellow-brown, very dense, fine, silty poorlygraded, weathered

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Completion Depth:



Logged by:

Project No.:

20 ft.

9/15/09

9/15/09

K. Miears

104008-3.01a

Dep

th


32.72797-97.83778Seepage occurred at 14 feet during drilling. Boring dry uponcompletion of drilling.




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SILTY SAND, yellow-brown

SILTY SAND with clay, yellow-brown tolight olive-gray medium dense to verydense, silty, fine, poorly graded, mottledwith limonite and iron oxide, withoccasional weakly cemented sandstoneseams

- with occasional hard sandy clay seamsbelow 7 feet

- increasing in moisture below 16 feet

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Completion Depth:



Logged by:

Project No.:

20 ft.

9/10/09

9/10/09

D. James

104008-3.01a

Dep

th






TxDOT SPECIFICATIONS

TxDOT Specifications List

Page 1 of 4

Texas Department of Transportation

Governing Specifications and Special Provisions

All Specifications and Special Provisions Applicable to this project are identified as follows:

"Standard Specifications: Adopted by the Texas Department of Transportation, June 1, 2004. Standard

Specifications are incorporated into the contract by reference: required contract provisions for all federal-

aid construction contracts (Form FHWA 1273 May 1, 2012)."

Standard Specifications:

Items 1 Thru 9 Incl., General Requirements and Covenants

Item 100 Preparing Right of Way (103)

Item 104 Removing Concrete

Item 105 Removing Stabilized Base and Asphalt Pavement

Item 110 Excavation (132)

Item 132 Embankment (100) (204) (210) (216) (400)

Item 161 Compost (160)

Item 164 Seeding For Erosion Control (162) (166) (168)

Item 168 Vegetative Watering

Item 247 Flexible Base (105) (204) (210) (216) (520)

Item 260 Lime Treatment (Road-Mixed) (105) (132) (204) (210) (216) (247) (300) (310) (520)

Item 310 Prime Coat (300) (316)

Item 340 Dense-Graded Hot-Mix Asphalt (Method) (210) (300) (301) (320) (520) (585)

Item 354 Planing and Texturing Pavement

Item 360 Concrete Pavement (300) (420) (421) (438) (440) (529) (585)

Item 400 Cement Stabilized Backfill

Item 402 Trench Excavation Protection

Item 416 Drilled Shaft Foundations (420) (421) (440) (448)

Item 420 Concrete Structures (400) (421) (427) (438) (440) (448) (404) (426) (441)

Item 422 Reinforced Concrete Slab (420) (421) (440) (424) (426) (430)

Item 423

Item 425

Retaining Walls (420) (421) (440) (445) (458) (556)

Precast Prestressed Concrete Structural Members (420) (421) (424) (426) (427) (434)

(440) (442)

Item 428 Concrete Surface Treatment (427)

Item 432 Riprap (420) (421) (427) (440) (431) (247)

Item 442 Metal for Structures (441) (445) (446) (447) (448) (449)

Item 450 Railing

Item 454 Bridge Expansion Joints

Item 462 Concrete Box Culverts and Storm Drains

Item 464 Reinforced Concrete Pipe

Item 465 Manholes and Inlets

Item 466 Headwalls and Wingwalls


Page 2 of 4

Item 467 Safety End Treatment

Item 496 Removing Structures

Item 500 Mobilization

Item 506

Item 502

Temp Erosion, Sedimentation, and Environmental Controls

Barricades, Signs, and Traffic Handling

Item 508 Constructing Detours

Item 512 Portable Concrete Traffic Barrier (421) (440) (442)

Item 530 Intersections, Driveways, and Turnouts (247) (260) (263) (275) (276) (292) (316) (330)

(334) (340) (360) (421) (440)

Item 531 Sidewalks (360) (420) (421) (440) (104) (530)

Item 533 Shoulder Texturing

Item 538 Right of Way Markers (420) (421) (440)

Item 540 Metal Beam Guard Fence (421) (529) (445) (542) (544)

Item 542 Removing Metal Beam Guard Fence

Item 544 Guardrail End Treatments

Item 545 Crash Cushion Attenuators (421)

Item 636 Aluminum Signs (643)

Item 644 Small Roadside Sign Supports and Assemblies (421) (440) (441) (442) (445) (634) (636)

(643) (656)

Item 647 Small Roadside Sign Supports and Assemblies (421) (440) (441) (442) (445) (634) (636)

(643) (656)

Item 658 Large Roadside Sign Supports and Assemblies (421) (440) (441) (442) (445) (634) (636)

(643) (656)

Item 662 Work Zone Pavement Markings (666) (668) (672) (677)

Item 666 Reflectorized Pavement Markings (316) (318) (662) (677) (678)

Item 672 Raised Pavement Markers (677) (678)

Item 677 Eliminating Existing Pavement Markings and Markers (300) (302) (316)

Item 678 Pavement Surface Preparation for Markings (677)

Special Provisions to Standard Specifications:

WAGE RATES

000---003 Notice to All Bidders

000---004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

(Executive Order 11246)

000---006 Standard federal Equal Employment Opportunity Construction Contract Specifications

(Executive Order 11246)

000---009 Certification of Nondiscrimination in Employment

000---011 Department Division Mailing and Physical Addresses

000---1483 Notice of Changes to U.S. Department of Labor Required Payroll Information

000---1676 On-the-Job Training Program


Page 3 of 4

000---1966 Disadvantaged Business Enterprise in Federal Aid Contracts

000---2329 Partnering

000---2332 Schedule of Liquidated Damages

000---2607 Nondiscrimination

000---2640 Important Notice to Contractors

001---015 Definition of Terms

002---017 Instructions to Bidders

004---017 Scope of Work

005---004 Control of the Work

006---030 Control of Materials

006---047 Control of Materials

008---119 Prosecution and Progress

009---009 Measurement and Payment

009---015 Measurement and Payment

100---002 Preparing Right of Way

161---006 Compost

164---002 Seeding for Erosion Control

166---001 Fertilizer

247---033 Flexible Base

260---003 Lime Treatment (Road-Mixed)

275---003 Cement Treatment (Road-Mixed)

300---039 Asphalt, Oils, and Emulsions

302---010 Aggregates for Surface Treatments

316---016 Surface Treatments

318---010 Hot Asphalt-Rubber Surface Treatments

330---001 Limestone Rock Asphalt Pavement

340---003 Dense-Graded Hot-Mix Asphalt (Method)

360---003 Concrete Pavement

420---002 Concrete Structures

421---035 Hydraulic Cement Concrete

424---002 Precast Concrete Structures (Fabrication)

425---001 Precast Prestressed Concrete Structural Members

428---001 Concrete Surface Treatment

431---001 Pneumatically Placed Concrete

434---003 Elastomeric Bridge Bearings

440---006 Reinforcing Steel

441---007 Steel Structures

442---016 Metal for Structures

447---002 Structural Bolting

448---002 Structural Field Welding

450---001 Railing

462---015 Concrete Box Culverts and Storm Drains

464---006 Reinforced Concrete Pipe

465---001 Manholes and Inlets


Page 4 of 4

500---011 Mobilization

502---033 Barricades, Signs, and Traffic Handling

506---010 Temp Erosion, Sedimentation, and Environmental Controls

512---002 Portable Concrete Traffic Barrier

530---006 Intersections, Driveways, and Turnouts

533---014 Shoulder Texturing

540---031 Metal Beam Guard Fence

636---014 Aluminum Signs

643---001 Sign Identification Decals

672---034 Raised Pavement Markers

Special Specifications

Item 5049 Biodegradable Erosion Control Logs

Item 5367 Cable Barrier System (TL-3)

Item 6834 Portable Changeable Message Sign

Special Provisions to Special Specifications:

6834---001 Portable Changeable Message Sign

USDOT Special Provisions

Required Contract Provisions Federal-Aid Construction Contracts (FHWA-1273)-May 1, 2012

Project Number: Sheet 16A County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet A

BASIS OF ESTIMATE

Item Description Rate Unit

168 Vegetative Watering 169,400 GAL / ACRE MG

260 Lime (Hydr, Comm, Quik)(Slry) 150 LB / CY TON

340 Hot Mix Asphalt 115 LB / SY / IN TON

COMPACTION REQUIREMENTS FOR BASE COURSES

Item Material Course Min Density*

247 Flex Base All 100%

* Percent of density as determined by Compaction Ratio Test TEX-113-E

Special Notes:

Calculating, Recording, and Reporting Test Data - Use appropriate TxDOT Excel templates to calculate and record all test data. These forms are available on the TxDOT website at www.txdot.gov. Submit test results within 24 hours of test completion by email or CD.

Existing storm sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work.

For dimensions of R.O.W. not shown on the plans, see R.O.W. map on file at the TxDOT District Office.

Provide all-weather surface for temporary ingress and egress to adjacent property as directed. Materials, labor, equipment, and incidentals necessary to provide temporary ingress and egress will not be paid for directly but will be subsidiary to the various bid items.

In those instances where necessary, the governing slopes indicated herein may be varied from the limits shown to the extent approved.

All driveway openings will be determined by the Engineer and shall conform with Texas Department of Transportation "Regulations for Access Driveways to State Highways" adopted September 1953, and revised June 2004.

Project Number: Sheet 16B County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet B

Locations and lengths of all private entrances are approximate only. The actual locations, lengths, lines, and grades are to be established in the field.

Take care that existing curb and curb and gutter is not discolored or damaged during construction operations. In the event of discoloration or damage, clean or repair as directed.

Remove the grass from the crown of shoulders or pavement edges by blading or other approved methods. Payment for this work will not be made directly but shall be considered subsidiary to the various items of the contract.

Plugging of pipes or culverts will not be paid for directly but shall be considered subsidiary to the various bid items unless otherwise shown on the plans.

Provide temporary drain openings at all low points or other drainage structures, as required, at the Contractor's expense.

Remove any obstructions to existing drainage due to the contractor's operations, as required, at the Contractor's expense.

After demolishing Old Brock Road Bridge, the contractor will deliver the steel bridge beams to Parker County Precinct 3 yard located at 1111 FM-1189, Weatherford, Texas 76087. Precinct 3 will unload the beams. At which point the beams become the property of Parker County Precinct 3. The contractor shall coordinate with Elton Glidewell 72 hours prior to delivery. Elton Glidewell can be contacted using this number (817-253-7171).

Item 5. Control of the Work

Locations shown for drainage structures refer to the control points of structures as follows:

1. Manholes, Inlets, and Junction Boxes -- Locations are at the centroid of the structure. When two structure types are specified, location is at the centroid of the top structure. Bottom structure may be positioned as required to align with top structure, storm drain pipes, and other adjacent structures.

2. Street Inlets -- Locations are at the face of curb at a distance of L/2 from the end of the inlet.

3. Headwalls -- Locations are to the outside face of the headwall at the centerline of the pipe or box structure. For pipe headwalls with Type "P" or "C" safety end treatment, locations are on the centerline of the pipe structure at the limit of payment for pipe.

Project Number: Sheet 16C County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet C

The locations of all pavement markings and signing are diagrammatic only and may be shifted to accommodate field conditions and/or as directed by Engineer.

When supplementary bridge plans, shop drawings, shop details, erection drawings, working drawings, forming plans, or other drawings are required, the drawings shall be prepared and submitted on sheets 8 1/2 by 11 inches, 17 by 22 inches, or full size drawings reduced to half scale if completely legible. If, in the opinion of the Engineer, the drawings are not completely legible, they shall be prepared and submitted on sheets 22 by 34 inches, with a one and one-half inch left margin, and a one-half inch top, right, and bottom margin.

All sheets submitted shall have a title in the lower right hand corner. The title shall include the sheet index data shown on the lower right corner of the project plans, name of the structure or element or stream, sheet numbering for the shop drawings, name of the fabricator, and the name of the Contractor.

Item 7. Legal Relations and Responsibilities

Do not initiate activities in a project specific location (PSL) associated with a U.S. Army Corps of Engineers (USACE) permit area that have not been previously evaluated by the USACE as part of the permit review of this project. Such activities include, but are not limited to, haul roads, equipment staging areas, borrow and disposal sites. “Associated” as defined here means materials are delivered to or from the PSL. The permit area includes all waters of the U.S. or associated wetlands affected by activities associated with this project. Special restrictions may be required for such work. The contractor shall be responsible for any and all consultations with the USACE regarding activities, including project specific locations (PSLs) that have not been previously evaluated by the USACE. Provide the Department with a copy of all consultation(s) or approval(s) from the USACE prior to initiating activities.

The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self determination has been made that the PSL is non-jurisdictional or proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the permit review of this project. The contractor is solely responsible for documenting any determination(s) that their activities do not affect a USACE permit area. Maintain copies of their determination(s) for review by the Department or any regulatory agency. Document and coordinate with the USACE, if required, prior to any excavation hauled from or embankment hauled into a USACE permit area by either (1) or (2) below.

(1) Restricted Use of Materials for Previously Evaluated Permit Areas. Document both the project specific location (PSL) and its authorization.

Project Number: Sheet 16D County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet D

Maintain copies for review by the Department or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material in the areas shown on the plans

and cross sections as specified in Item 110 is used for permanent or temporary fill (Item 132, Embankment) within a USACE permit area;

b. Suitable embankment (Item 132) from within the USACE permit area is used as fill within a USACE evaluated area; and,

c. Unsuitable excavation or excess excavation [“Waste”] (Item 110) that is disposed of at a location approved by the Engineer within a USACE evaluated area.

(2) Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of all USACE coordination or approval(s) prior to initiating any activities for an area within the project limits that has not been evaluated by the USACE or for any off right of way locations used for the following, but not limited to, haul roads, equipment staging areas, borrow and disposal sites: a. Item 132, Embankment, used for temporary or permanent fill within a

USACE permit area; and, b. Unsuitable excavation or excess excavation [“Waste”] (Item 110,

Excavation) that is disposed of outside a USACE evaluated area.

The total area disturbed for this project is 33.7 acres. The disturbed area in this project, all project locations in the Contract, and the Contractor project specific locations (PSLs), within 1 mile of the project limits, for the Contract will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the ROW. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres, provide a copy of the Contractor NOI for PSLs on the ROW to the Engineer and to the local government that operates a separate storm sewer system.

Item 8. Prosecution and Progress

Single lane closures on the mainlanes of IH 20 will be restricted to the hours of 9AM to 3PM and 8PM to 5AM except as otherwise shown in the plans.

Work that requires closure of multiple travel lanes in the same direction, except as otherwise shown in the plans, will be performed at night between the hours of 9PM and 4AM.

Project Number: Sheet 16E County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet E

Working days will be computed and charged in accordance with Article 8.3.A.1 Five-Day work week

Item 100. Preparing Right of Way

Measurement for this item shall be along the centerline of IH 20 within the limits of measurements as shown on the plans.

Item 105. Removing Stabilized Base and Asphalt Pavement

Cement, lime, and/or lime fly-ash stabilized base material to be removed on this project shall become the property of the Contractor.

Item 110. Excavation

Review proposed waste sites to determine if any site is located in a "Base Floodplain" or "Floodway" as defined by the Federal Emergency Management Agency (FEMA).

If waste material from this project is placed in a base floodplain as defined by FEMA, a permit will have to be obtained from the local community responsible for enforcing National Flood Insurance Program (NFIP) regulations. The Contractor is responsible for ensuring that the owner of the property receiving the waste has obtained the necessary permit.

Item 132. Embankment

Do not provide Type B embankment material with a Plasticity Index (PI) higher than 35.

When embankment is placed as a bridge header bank, test each lift for compliance with density requirements near the center of each travel lane at the following locations:

At the “beginning of bridge” or “end of bridge” station (if abutment is on retaining wall, location may be adjusted by not more than 5 feet.)

At 25-foot intervals for a distance of 150 feet in advance of the “beginning of bridge” station.

At 25-foot intervals for a distance of 150 feet after the “end of bridge” station.

Density tests shall be conducted by a department-certified independent testing laboratory. Results of tests shall be furnished to TxDOT within 24 hours after testing; a final copy of all test reports shall be signed and sealed by a

Project Number: Sheet 16F County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet F

Professional Engineer in the State of Texas and furnished within five (5) working days after testing. Areas which do not meet minimum density requirements shall be removed, re-compacted, and re-tested for compliance at the contractor’s entire expense. Testing and reporting of test results will not be paid for directly, but will be considered subsidiary to this item.

Construct embankments for bridge header banks to final subgrade elevation prior to excavation for abutment caps and placement of foundation course at approach slabs. Payment for structural excavation and/or excavation for placement of foundation course will not be paid for directly but will be considered subsidiary to the pertinent bid items.

Widen the embankment as necessary to accommodate the flare of the guardrail end treatments.

Off-Site Borrow Sources. In addition to meeting pertinent specification requirements, test off-site borrow sources for sulfate content. Test soils for soluble sulfates in accordance with Test Method TEX 145 and TEX-146-E and provide documentation that supports compliance with previously stated requirements. The Engineer will perform additional testing for sulfates of this material upon delivery to the project. Only material that is placed within one foot vertically or laterally of subgrade treatment will require testing for sulfates. Remove and replace failing material (sulfate concentrations >7,000 PPM by dry weight).

Item 161. Compost

Compost shall be blended in-place.

Item 164. Seeding for Erosion Control

Apply seeding required between December 1 and January 31 using seed types and mixtures as shown in Item 164.2.A, Table 3. If, in the opinion of the Engineer, this does not provide an effective vegetative cover, apply "straw or hay mulch" as specified in Item 164.3.E as soon as possible. After February 1 apply warm season seeding in order to establish a permanent protective vegetative cover.

Item 168. Vegetative Watering

Furnish and install an approved rain gauge at the project site, as directed. Furnishing and installation of the rain gauge will not be paid for directly but will be considered subsidiary to Item 168.

Project Number: Sheet 16G County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet G

Apply vegetative watering for an establishment period of thirteen weeks following application of seed or installation of sod at a rate of ½” of water depth per week (approximately 13,030 gallons per acre). During the first four weeks after seeding, apply watering twice per week, on non-consecutive days, each at half the weekly application rate. For the remainder of the establishment period, apply vegetative watering once per week during the months of January through June or September through December, at the weekly application rate; apply watering twice per week, on non-consecutive days during the months of July and August, each at one-half the weekly application rate.

Average weekly rainfall rates for the District are as follows:

January – 0.39” April – 0.86” July – 0.48” October – 0.68”

February – 0.46” May – 1.00” August – 0.47” November – 0.46”

March – 0.48” June – 0.63” September – 0.74” December – 0.37”

Item 247. Flexible Base

(TY A, GR 4 - Roadway) Furnish crushed stone, gravel, or crushed gravel aggregate conforming to the following requirements:

2” Gradation:

Retained on Sieve Size Percent (%) by Weight 1-3/4 in. 0 – 5 7/8 in. 5 – 35 No. 4 40 – 75 No. 40 65 – 85 Plasticity Index (PI) 12 max., 4 min. Liquid Limit 45 max. Wet Ball Mill 50 max. Wet Ball Mill, % 20 max. Increase Passing the No. 40

Place material in two or more equal lifts unless otherwise directed not to exceed 8 in.

Do not add field sand to modify the final material to meet the requirements.

Project Number: Sheet 16H County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet H

Item 260. Lime Treatment (Road-Mixed)

Apply lime by the “slurry placement” method. Allow the mixture to mellow for a minimum of 4 days after initial mixing. If moderate sulfates are present, or for other extenuating circumstances as determined by the Engineer, allow the mixture to mellow for 7 days after initial mixing.

Item 340. Dense-Graded Hot Mix Asphalt (Meth)

Target laboratory molded density is 97.0%.

Provide aggregate with a Surface Aggregate Classification (SAC) value of B for the surface course of the travel lanes.

The Hamburg Wheel Test Requirements per Table 10 are reduced by 5,000 passes for each binder grade.

Furnish a CSS-1P with greater than 50% asphalt residue for the tack coat on this project. Dilution of the tack coat is not allowed.

Use the boil test, test method TEX-530-C, and provide only mixes that produce zero percent (0%) stripping for design verification and during production.

Include the approved mix design number on each delivery ticket.

If the warm mix is used, the following notes apply:

Use an Evotherm DAT Warm Mix Asphalt (WMA), a SASOBIT WMA, a Rediset WMX WMA, or an Advera WMA product additive for all mix applications. Add the selected WMA product additive using a meter, approved by the Engineer, that will provide the appropriate amount to the mix and will provide a hard or electronic copy of the added quantities. Delivery temperature shall be a maximum of 235° F. Delivery and roll out temperatures will be modified by the supplier and accepted by the Engineer. All work related to WMA product additives is subsidiary to this item.

To produce an Evotherm WMA use Evotherm DAT or Evotherm 3G. Evotherm 3G is metered into the asphalt between 0.5% and 0.7% by total asphalt weight. Evotherm DAT, a chemical solution, is metered into the asphalt between 5.0% and 7.0% by total asphalt weight.

To produce a SASOBIT WMA, the mix production facility will receive SASOBIT from the solution supplier. SASOBIT is metered into the asphalt line at a rate of 1.5% by weight of total binder content.

Project Number: Sheet 16I County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet I

To produce a Rediset WMX WMA, preblend with the asphalt or dose into the mixing drum via the RAP belt or port. Use 1.5% or 2.0% by weight of asphalt dependent upon the mix type.

To produce an Advera WMA, the mix production facility will receive Advera from the solution supplier. Advera is added into the mixing drum at a rate of 0.25% by weight of mix to create a foaming effect in the binder. Advera WMA is a synthetic zeolite (hydrated aluminosilicate, containing 18-21% water).

An authorized representative of the WMA product additive supplier shall be present onsite during the first day of asphalt placement.

Item 354. Planing and Texturing Pavement

The contractor will retain ownership of the removed material.

Item 400. Excavation and Backfill for Structures

Class “B” bedding will be permitted in lieu of Class “C” bedding.

Item 416: Drilled Shaft Foundations

Stake locations and have them approved by the inspector before installation of foundations.

Item 420. Concrete Structures

Provide weepholes at bridge ends in the wingwalls as directed.

Concrete for "Interior Bents" will be paid for as a plan quantity.

Item 427. Surface Finishes for Concrete

Unless otherwise noted, provide a surface area II with a rub finish on the bridge.

Project Number: Sheet 16J County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet J

Item 428. Concrete Surface Treatment

Provide a Class II surface treatment (Type I) to the roadway slab, inside face of rail and any other areas shown on the detail sheets.

Item 432. Riprap

Provide weepholes as directed.

Provide Class B Concrete for riprap.

The quantities for riprap at the location indicated may be varied to the extent necessary to ensure proper functioning for the purpose intended.

All concrete riprap shall be 5" (.42') in thickness, unless otherwise shown in the plans, and shall be reinforced.

An 8 inch (.67') by 18 inch (1.5') toewall will be required at the exposed edge of all concrete riprap, unless otherwise directed.

Locations and lengths of riprap flumes shown on the plans are approximate. Actual lengths and locations are to be determined in the field.

Item 440. Reinforcing Steel

Top and bottom layers of bridge slab reinforcing steel shall be epoxy coated.

Item 462. Concrete Box Culverts and Storm Drains

Do not use precast box culverts.

Item 464. Reinforced Concrete Pipe

All bends and connections in pipe shall be prefabricate

Item 465. Manhols and Inlets

Do not use precast manholes and inlets

Project Number: Sheet 16K County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet K

Item 466. Headwalls and Wingwalls

Do not use precast headwalls/wingwalls.

Item 467. Safety End Treatment

Do not use precast safety end treatments

Item 502. Barricades, Signs, and Traffic Handling

Permanent signs may be installed when construction in an area is complete and they will not be in conflict with the traffic control plan for the remainder of the job.

Existing signs are to remain as long as they do not interfere with construction and they do not conflict with the traffic control plan.

Any sign not detailed in the plans but called for in the layout shall be as shown in the current "Standard Highway Sign Designs for Texas”.

When traffic is obstructed, arrange warning devices in accordance with arrangements indicated in the latest edition of the "Texas Manual on Uniform Traffic Control Devices". When advanced warning flashing arrow panels and/or changeable message sign is specified, have one standby unit in good condition at the job site.

Cover or remove any work zone signs when work or condition referenced is not occurring.

Do not place barricades, signs, or any other traffic control devices where they interfere with sight distance at driveways or side streets. Provide access to all driveways during all phases of construction.

Permanent signs may be installed when construction in an area is complete and they will not be in conflict with the traffic control plan for the remainder of the job.

Item 506 Temporary Erosion, Sedimentation, and Environmental Controls

Remove accumulated sediment and/or replace SW3P controls when the capacity has been reduced by 50% or when the depth of sediment at the control structure exceeds one foot.

Project Number: Sheet 16L County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet L

Item 512. Portable Concrete Traffic Barrier

Traffic barrier for this item is in stockpile at the interchange of IH 20 and FM 1189 in Parker County.

Delineate all barrier in accordance with Barricade and Warning Sign (BC) Standards. Barrier delineation will not be paid for directly, but will be subsidiary to this Item.

Replace any traffic barrier which, in the opinion of the Engineer, is damaged by the traveling public to the extent it is no longer serviceable, using traffic barrier from the designated stockpile site. The Contractor will be paid to remove and replace the traffic barrier damaged by the traveling public. Damaged traffic barrier will become the property of the Contractor to dispose of off the project site.

Stockpile the CTB at the intersection of IH 20 and US 287 in Tarrant County.

Items 530 And 531. Intersections, Driveways and Turnouts, and Sidewalks

The furnishing and installation of the sand cushion in the proposed sidewalks, sidewalk ramps, and driveways will not be paid for directly but shall be considered subsidiary to this bid item.

Item 540. Metal Beam Guard Fence

The locations and lengths of guard fence shown on the plans are approximate. Actual lengths and locations are to be determined in the field.

The tops of timber posts shall be domed. Beveled tops will not be permitted for timber or steel posts.

When holes for timber posts are drilled below bottom of post elevation, backfill the excessive depth with an acceptable sand. The furnishing and installation of the sand backfill will not be paid for directly but shall be considered subsidiary to this Item.

When guardrail posts are placed in a finished surface, backfill the top 4 inches with an asphaltic material, domed to carry water away from the posts or as shown on the plans. The furnishing and installation of the asphaltic material backfill will not be paid for directly but shall be considered subsidiary to this Item.

Project Number: Sheet 16M County: Parker Control: 0314-07-040 Highway: IH 20

General Notes Sheet M

Item 5367 Cable Barrier System (TL-3)

The existing cable barrier system along the eastbound lanes shall be extended as shown in the plans. The existing barrier system uses the NUCOR proprietary technology. The same technology shall be used to extend the barrier.

Item 6834. Portable Changeable Message Signs

All portable changeable message signs and arrow panels are to be provided with a photoelectric device to allow for automatic dimming of operations to approximately 50% of their normal brightness when ambient light drops to approximately five footcandles, and then increase back again for daytime operations.

Two electronic portable changeable message sign units will be required. Individual or collective use of signs will be required by Engineer when deemed necessary to supplement the traffic control plan.

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2004 Specifications

SPECIAL PROVISION 000---003

Notice to All Bidders

To report bid rigging activities call:

1-800-424-9071

The U.S. Department of Transportation (DOT) operates the above toll-free “hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities.

The “hotline” is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

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2004 Specifications


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.

a. Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4.

b. The goals for minority and female participation expressed in percentage terms for the Contractor’s aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for minority Goals for female participation in participation in each trade (per- each trade (percent) cent)

See Table 1 6.9

c. These goals are applicable to all the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its 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 shall 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 shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

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d. 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 shall provide written notification to the Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation pending concurrence of the Department in the award. The notification shall list the names, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

4. Covered Area. As used in this special provision, and in the contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of Texas. The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1.

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.

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Table 1

Goals for Minority Goals for Minority County Participation County Participation

Anderson 22.5 Concho 20.0 Andrews 18.9 Cooke 17.2 Angelina 22.5 Coryell 16.4 Aransas 44.2 Cottle 11.0 Archer 11.0 Crane 18.9 Armstrong 11.0 Crockett 20.0 Atascosa 49.4 Crosby 19.5 Austin 27.4 Culberson 49.0 Bailey 19.5 Dallam 11.0 Bandera 49.4 Dallas 18.2 Bastrop 24.2 Dawson 19.5 Baylor 11.0 Deaf Smith 11.0 Bee 44.2 Delta 17.2 Bell 16.4 Denton 18.2 Bexar 47.8 DeWitt 27.4 Blanco 24.2 Dickens 19.5 Borden 19.5 Dimmit 49.4 Bosque 18.6 Donley 11.0 Bowie 19.7 Duval 44.2 Brazoria 27.3 Eastland 10.9 Brazos 23.7 Ector 15.1 Brewster 49.0 Edwards 49.4 Briscoe 11.0 Ellis 18.2 Brooks 44.2 El Paso 57.8 Brown 10.9 Erath 17.2 Burleson 27.4 Falls 18.6 Burnet 24.2 Fannin 17.2 Caldwell 24.2 Fayette 27.4 Calhoun 27.4 Fisher 10.9 Callahan 11.6 Floyd 19.5 Cameron 71.0 Foard 11.0 Camp 20.2 Fort Bend 27.3 Carson 11.0 Franklin 17.2 Cass 20.2 Freestone 18.6 Castro 11.0 Frio 49.4 Chambers 27.4 Gaines 19.5 Cherokee 22.5 Galveston 28.9 Childress 11.0 Garza 19.5 Clay 12.4 Gillespie 49.4 Cochran 19.5 Glasscock 18.9 Coke 20.0 Goliad 27.4 Coleman 10.9 Gonzales 49.4 Collin 18.2 Gray 11.0 Collingsworth 11.0 Grayson 9.4 Colorado 27.4 Gregg 22.8 Comal 47.8 Grimes 27.4 Comanche 10.9 Guadalupe 47.8

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Goals for Minority Goals for Minority

County Participation County Participation Hale 19.5 Lavaca 27.4 Hall 11.0 Lee 24.2 Hamilton 18.6 Leon 27.4 Hansford 11.0 Liberty 27.3 Hardeman 11.0 Limestone 18.6 Hardin 22.6 Lipscomb 11.0 Harris 27.3 Live Oak 44.2 Harrison 22.8 Llano 24.2 Hartley 11.0 Loving 18.9 Haskell 10.9 Lubbock 19.6 Hays 24.1 Lynn 19.5 Hemphill 11.0 Madison 27.4 Henderson 22.5 Marion 22.5 Hidalgo 72.8 Martin 18.9 Hill 18.6 Mason 20.0 Hockley 19.5 Matagorda 27.4 Hood 18.2 Maverick 49.4 Hopkins 17.2 McCulloch 20.0 Houston 22.5 McLennan 20.7 Howard 18.9 McMullen 49.4 Hudspeth 49.0 Medina 49.4 Hunt 17.2 Menard 20.0 Hutchinson 11.0 Midland 19.1 Irion 20.0 Milam 18.6 Jack 17.2 Mills 18.6 Jackson 27.4 Mitchell 10.9 Jasper 22.6 Montague 17.2 Jeff Davis 49.0 Montgomery 27.3 Jefferson 22.6 Moore 11.0 Jim Hogg 49.4 Morris 20.2 Jim Wells 44.2 Motley 19.5 Johnson 18.2 Nacogdoches 22.5 Jones 11.6 Navarro 17.2 Karnes 49.4 Newton 22.6 Kaufman 18.2 Nolan 10.9 Kendall 49.4 Nueces 41.7 Kenedy 44.2 Ochiltree 11.0 Kent 10.9 Oldham 11.0 Kerr 49.4 Orange 22.6 Kimble 20.0 Palo Pinto 17.2 King 19.5 Panola 22.5 Kinney 49.4 Parker 18.2 Kleberg 44.2 Parmer 11.0 Knox 10.9 Pecos 18.9 Lamar 20.2 Polk 27.4 Lamb 19.5 Potter 9.3 Lampasas 18.6 Presidio 49.0 LaSalle 49.4 Rains 17.2

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Goals for Minority Goals for Minority

County Participation County Participation

Randall 9.3 Webb 87.3 Reagan 20.0 Wharton 27.4 Real 49.4 Wheeler 11.0 Red River 20.2 Wichita 12.4 Reeves 18.9 Wilbarger 11.0 Refugio 44.2 Willacy 72.9 Roberts 11.0 Williamson 24.1 Robertson 27.4 Wilson 49.4 Rockwall 18.2 Winkler 18.9 Runnels 20.0 Wise 18.2 Rusk 22.5 Wood 22.5 Sabine 22.6 Yoakum 19.5 San Augustine 22.5 Young 11.0 San Jacinto 27.4 Zapata 49.4 San Patricio 41.7 Zavala 49.4 San Saba 20.0 Schleicher 20.0 Scurry 10.9 Shackelford 10.9 Shelby 22.5 Sherman 11.0 Smith 23.5 Somervell 17.2 Starr 72.9 Stephens 10.9 Sterling 20.0 Stonewall 10.9 Sutton 20.0 Swisher 11.0 Tarrant 18.2 Taylor 11.6 Terrell 20.0 Terry 19.5 Throckmorton 10.9 Titus 20.2 Tom Green 19.2 Travis 24.1 Trinity 27.4 Tyler 22.6 Upshur 22.5 Upton 18.9 Uvalde 49.4 Val Verde 49.4 Van Zandt 17.2 Victoria 27.4 Walker 27.4 Waller 27.3 Ward 18.9 Washington 27.4

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2004 Specifications


Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)

1. As used in these specifications:

a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. "Minority" includes:

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and 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

2-6 000---006 05-04

obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these 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 shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

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c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by 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.

g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of

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applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. 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.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce 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 shall not be a defense for the Contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both

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minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

10. Nondiscrimination programs require that Federal-aid recipients, subrecipients, and contractors prevent discrimination and ensure nondiscrimination in all of their programs and activities, whether those programs and activities are federally funded or not. The factors prohibited from serving as a basis for action or inaction which discriminates include race, color, national origin, sex, age, and handicap/disability. The efforts to prevent discrimination must address, but not be limited to a program's impacts, access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigations of complaints, allocations of funds, prioritization of projects, and the functions of right-of-way, research, planning, and design.

11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

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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, shall submit for every month of July during which work is per-formed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon.

1-1 000---009 04-04

2004 Specifications


Certification of Nondiscrimination in Employment

By signing this proposal, the bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and has not filed, he will file with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor.

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2004 Specifications

SPECIAL PROVISION

000---011

Department Division Mailing and Physical Addresses

For this project, Item 000, “Department Division Mailing and Physical Addresses,” 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.

Use the information in Table 1 to contact the Department Divisions referenced in the Standard Specifications or Special Provisions and Special Specifications in the Contract. This listing is for the purposes of providing addresses for transmission of information in accordance with the specifications. Unless otherwise stated in the specifications, address all correspondence and transmission of information to the Engineer responsible for the oversight of construction. Submit bidding documents to the location shown in the official advertisement. Address changes will be posted on the Department’s Internet site at http://www.dot.state.tx.us/.

Table 1 Department Division Mailing and Physical Addresses

Division/Section Name U.S. Post Office Address Physical Address

Bridge Division Texas Department of

Transportation Bridge Division 125 E 11th Street Austin TX 78701-2483

Bridge Division Fabrication Branch 118 E. Riverside Dr. Austin, Texas 78704 (512) 416-2187

Construction Division Construction Section Texas Department of

Transportation Construction Division Construction Section 200 E. Riverside Drive Austin TX 78704

Construction Division 200 E. Riverside Dr. 1st floor, 1B.1 Austin, TX 78704 (512) 416-2490 1-800-687-3525

Materials & Pavements Section Texas Department of Transportation Construction Division Materials & Pavements (CP51) 125 E 11th Street Austin TX 78701-2483

Construction Division Materials & Pavements Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5800

http://www.dot.state.tx.us/

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Division/Section Name U.S. Post Office Address Physical Address

Maintenance Division

Maintenance Section Texas Department of Transportation Maintenance Division Maintenance Section 125 E 11th Street Austin, TX 78701

Maintenance Division Maintenance Section 150 East Riverside Drive Fourth Floor, North Tower Austin, TX 78704 (512) 416-3185

Vegetation Management Section Texas Department of

Transportation Maintenance Division Vegetation Management Section 125 E 11th Street Austin, TX 78701

Maintenance Division Vegetation Management Section 150 East Riverside Drive Fourth Floor, North Tower Austin, TX 78704 (512) 416-3093

Traffic Operations Division

Traffic Operations Division Texas Department of Transportation Traffic Operations Division 125 E 11th Street Austin TX 78701

Texas Department of Transportation Traffic Operations Division 200 E. Riverside Bldg. 118 Austin, Texas 78704 512-416-3200

Traffic Engineering Texas Department of

Transportation Traffic Operations Division Traffic Engineering Section 125 E 11th Street Austin TX 78701

Texas Department of Transportation Traffic Operations Division Traffic Engineering Section 200 E. Riverside Bldg. 118 Austin, Texas 78704 (512) 416-3118

Traffic Management-ITS Branch Texas Department of

Transportation Traffic Operations Division Traffic Management Section 125 E 11th Street Austin TX 78701

Texas Department of Transportation Traffic Operations Division Traffic Management Section Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100

Traffic Management-Signal/Radio Branch

Texas Department of Transportation Traffic Operations Division Traffic Management Section-Signal/Radio Branch 125 E 11th Street Austin TX 78701

Texas Department of Transportation Traffic Operations Division Traffic Management Section- Signal/Radio Branch Cedar Park Campus, Bldg. 51 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100

2004 Specifications Federal-Aid Projects Only

SPECIAL PROVISION

000--1483

Notice of Changes to U.S. Department of Labor Required Payroll Information

Do not include employee addresses and social security numbers on the payroll submissions to the department. In lieu of the social security number, include an individually identifying number for each employee (Example: last four digits of the individual’s social security number).

Maintain the full social security number and current address of each covered employee in files for 3 years after project completion and make the information available upon the Department’s request.

Form FHWA 1273 and optional form WH-347 will be revised in the future to reflect these changes.

1-1 000--1483 01-09

1-1 000--1676 07-09

2004 Specifications

SPECIAL PROVISION

000--1676

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 shall 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 determined based on the past contract

volume of federal-aid work performed 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 shall be paid at least 60% of the appropriate minimum journeyworker’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. Contractors may be reimbursed $0.80 per training hour at no additional cost to the Department.

4. 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 8.6., “Abandonment of Work or Default of Contract,” which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230.

2004 Specifications

SPECIAL PROVISION

000--1966

Disadvantaged Business Enterprise in 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. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, “Disadvantaged Business Enterprise in Federal Aid Contracts”, of this Special Provision shall apply to this contract. If there is no DBE goal, Article B, “Race-Neutral DBE Participation”, of this Special Provision shall apply to this contract. The percentage goal for DBE participation in the work to be performed under this contract will be shown on the proposal.

A. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts.

1. Policy. It is the policy of the DOT and the Texas Department of Transportation (henceforth the “Department”) that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department’s DBE Program, apply to this contract as follows:

a. 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.

b. The Contractor, subrecipient 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 recipient deems appropriate.

c. The requirements of this Special Provision shall be physically included in any subcontract.

d. 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. The Department will determine the adequacy of a Contractor's efforts to meet the contract goal, within 10 business days,

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excluding national holidays, from receipt of the information outlined in this Special Provision under Section 1.A.3, “Contractor's Responsibilities.” If the requirements of Section 1.A.3 are met, the conditional situation will be removed and the contract will be forwarded to the Contractor for execution.

2. Definitions.

a. “Broker” is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public.

b. “Disadvantaged Business Enterprise” or “DBE” is defined in the standard specifications, Article 1, Definition of Terms.

c. “DBE Joint Venture” means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.

d. “DOT” means 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).

e. “Federal Aid Contract” is any contract between the Texas Department of Transportation and a Contractor which is paid for in whole or in part with DOT financial assistance.

f. “Good Faith Effort” means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.

g. “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.”

h. “Race-conscious” means a measure or program that is focused specifically on assisting only DBEs, including women-owned businesses.

i. “Race-neutral DBE Participation” means any participation by a DBE through customary competitive procurement procedures.

j. “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. To be a regular dealer, the firm must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question.

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A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer.

k. “Texas Unified Certification Program” or “TUCP” provides one-stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions.

3. Contractor’s Responsibilities. These requirements must be satisfied by the Contractor.

a. After conditional award of the contract, the Contractor shall submit a completed Form SMS.4901 “DBE Commitment Agreement”, From SMS 4901-T “DBE Trucking Commitment Agreement”, or Form SMS.4901-MS “DBE Material & Supplier Commitment Agreement” for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached, so as to arrive in the Department's Office of Civil Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 10th business day, excluding national holidays, after the conditional award of the contract. When requested, additional time, not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor.

b. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non-DBE, that information must be reported on Form SMS.4902.

c. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. The following is a list of the types of action that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested.

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Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces.

Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work.

A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.

Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate cause for the rejection or non-solicitation of bids and the Contractors efforts to meet the project goal.

Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor.

Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

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If the Program Manager of the OCR determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Director of the OCR.

d. Should the bidder to whom the contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the state, not as a penalty, but as liquidated damages to the Department.

e. The preceding information shall be submitted directly to the Office of Civil Rights, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483.

f. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Prior to terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Department.

g. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. The Contractor shall submit a completed Form 4901 “DBE Commitment Agreement”, From SMS 4901-T “DBE Trucking Commitment Agreement”, or Form SMS.4901-MS “DBE Material & Supplier Commitment Agreement” for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the Department. Prior to approving the substitution, the Department will request a statement from the DBE concerning it being replaced.

h. The Contractor shall 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.

i. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible.

4. Eligibility of DBEs.

a. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted contracts.

b. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE’s on DOT financially assisted contracts. This Directory is available from the Department’s OCR. An update of the Directory can be found on the Internet at http://www.dot.state.tx.us/business/tucp/default.htm.

5-11 000--1966 06-10

http://www.dot.state.tx.us/business/tucpinfo.htm

c. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified.

d. Only DBE firms certified at the time of execution of a contract/subcontract/purchase order, are eligible for DBE goal participation.

5. Determination of DBE Participation. When a DBE participates in a contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime contractor toward DBE goals:

a. The total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.

b. A Contractor may count toward its DBE goal 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.

(1) A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract or purchase order. A DBE is considered to perform 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. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the contract by the DBE, nor may they determine quality and quantity, order the materials themselves, nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier. In all cases, prime or other non-DBE subcontractor assistance will not be credited toward the DBE goal.

6-11 000--1966 06-10

(2) A DBE does not perform a CUF if 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.

Consistent with industry practices and the DOT/Department’s DBE program, a DBE subcontractor may enter into second-tier subcontracts, amounting up to 70% of their contract. Work subcontracted to a non-DBE does not count towards DBE goals. 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 of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF

(3) A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the contract.

(a) The Contractor receives credit for the total value of the transportation services the DBE provides on a contract using trucks it owns, insures, and operates using drivers it employs.

(b) 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.

(c) The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE lessees not to exceed the value of transportation services provided by the DBE-owned trucks on the contract. Additional participation by non-DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement

(d) A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE.

(4) When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption.

(5) Project materials or supplies acquired from an affiliate of the prime contractor can not directly or indirectly (2nd or lower tier subcontractor) be used for DBE goal credit.

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c. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following:

(1) If the materials or supplies are obtained from a DBE manufacturer, count

100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at 1A.c.(1) of this provision.)

For purposes of this Section (1.A.c.(1)), a 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.

(2) If the materials or supplies are purchased from a DBE regular dealer,

count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.5.c.(2)), a 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) To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

(B) A person 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 as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.

(C) Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A.5.c.(2).

(3) With respect to materials or supplies purchased from DBE which is

neither a manufacturer nor a regular dealer, 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, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services.

8-11 000--1966 06-10

Do not count any portion of the cost of the materials and supplies themselves toward DBE goals.

(4) Count the entire amount of fees or commissions charged by a DBE firm

for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.

d. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE. The material supplier must invoice the DBE who will present the invoice to the Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier. The DBE firm may accept or reject this joint checking arrangement.

The Contractor must obtain approval from the Department prior to implementing the use of joint check arrangements with the DBE. Submit to the Department, Joint Check Approval Form 2178 for requesting approval. Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier.

e. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the contractor or its affiliates.

f. No DBE goal credit will be allowed for the period of time determined by the Department that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the department. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be required to provide a substitute DBE to meet the contract goal or provide an adequate good faith effort when applicable.

6. Records and Reports.

a. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race-neutral participation. Report payments made to non-DBE HUBs. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, “DBE Progress Report,” is to be used for monthly reporting. Form. SMS.4904, “DBE Final Report,” is to be used as a final summary of DBE payments submitted upon completion of the project.

9-11 000--1966 06-10

The original final report must be submitted to the OCR and a copy must be submitted to the Area Engineer. These forms may be obtained from the Department or may be reproduced by the Contractor. The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Department’s project number.

b. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period.

c. All such records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request.

d. Prior to receiving final payment, the Contractor shall submit Form SMS.4904, “DBE Final Report”. If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the “DBE Final Report.”

e. Provide a certification of prompt payment in accordance with the Department’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.

7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted contract are complied with, the Department will monitor the Contractor’s efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department.

The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to receiving final payment for the contract.

Contractors’ requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the Department.

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The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime contractor or its affiliates is not allowed.

When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the contract for any reason, the prime contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal.

A Contractor’s failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate.

Forward Form 2371, “DBE Trucking Credit Worksheet,” completed by the DBE trucker every month DBE credit is used.

B. Article B. Race-Neutral Disadvantaged Business Enterprise Participation. It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race-neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontractors financed in whole or in part with Federal funds. Race-Neutral DBE and non-DBE HUB participation on projects with no DBE goal shall be reported on Form SMS.4903, “DBE or HUB Progress Report” and submitted to the Area Engineer each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.A.5, “Determination of DBE Participation.” The Contractor, subrecipient 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 recipient deems appropriate.

2004 Specifications

SPECIAL PROVISION

000--2329

Partnering

1. General. It is the intent of this provision to promote an environment of trust, mutual respect, integrity, and fair-dealing between the Department and the Contractor. 2. Definitions.

A. Informal Partnering. Partnering that does not make use of a facilitator.

B. Formal Partnering. Partnering where the services of a facilitator (internal or external) are

utilized. 3. Procedures for Partnering Meetings and Format. Informal Partnering is required for this project, unless Formal Partnering is mutually agreed to in lieu of the Informal Partnering. 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.

(1) Internal Facilitators. A Department or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party.

(2) External Facilitators. A private firm or individual that is independent of the Contractor and the Department may be selected as the facilitator. Submit the facilitator’s name and estimated fees for approval prior to contracting with the facilitator.

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/visual equipment. Make all meeting arrangements for Formal Partnering. Use Department facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval prior to finalizing arrangements. Coordinate facilitator discussions prior to 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 Department will invite and provide a list of attendees that includes but is not limited to Department, City, County, law enforcement, railroad, and utility representatives.

Participate in additional partnering meetings as mutually agreed.

1-2 000--2329 08-11

2-2 000--2329 08-11

4. Payment. Expenses for employee time, contractor equipment, or overhead will not be allowed. Markups 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. Department facilitators may be used at no additional cost.

For Formal Partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Department 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 Department will reimburse the Contractor for half of the eligible expenses as approved.

1-1 000--2332 08-11

2004 Specifications

SPECIAL PROVISION

000--2332

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

0 100,000 100,000 500,000 500,000 1,000,000

1,000,000 1,500,000 1,500,000 3,000,000 3,000,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 Over 20,000,000

570 590 610 685 785 970 1125 1285 2590

1-2 000---2607

01-13

2004 Specifications

SPECIAL PROVISION

000---2607

Nondiscrimination

Description. All recipients of federal financial assistance are required to comply with various

nondiscrimination laws including Title VI of the Civil Rights Act of 1964, as amended, (Title

VI). Title VI forbids discrimination against anyone in the United States on the grounds of race,

color, or national origin by any agency receiving federal funds.

Texas Department of Transportation, as a recipient of Federal financial assistance, and under

Title VI and related statutes, ensures that no person shall on the grounds of race, religion (where

the primary objective of the financial assistance is to provide employment per 42 U.S.S. §

2000d-3), color, national origin, sex, age or disability be excluded from participation in, be

denied the benefits of, or otherwise be subjected to discrimination under any Department

programs or activities.

Definition of Terms. Where the term “contractor” appears in the following six

nondiscrimination clauses, the term “contractor” is understood to include all parties to contracts

or agreements with the Texas Department of Transportation.

Nondiscrimination Provisions. During the performance of this contract, the contractor agrees

as follows:

(1) Compliance with Regulations: The Contractor shall comply with the Regulations

relative to nondiscrimination in Federally-assisted programs of the Department of

Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they

may be amended from time to time, (hereinafter referred to as the Regulations), which are

herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the

contract, shall not discriminate on the grounds of race, color, or national origin in the

selection and retention of subcontractors, including procurements of materials and leases of

equipment. The contractor shall not participate either directly or indirectly in the

discrimination prohibited by section 21.5 of the Regulations, including employment practices

when the contract covers a program set forth in Appendix B of the Regulations.

(3) 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.

2-2 000---2607

01-13

(4) Information and Reports: The contractor shall provide all information and reports

required by the Regulations or directives issued pursuant thereto, and shall permit access to

its books, records, accounts, other sources of information, and its facilities as may be

determined by the Recipient or the Texas Department of Transportation to be pertinent to

ascertain compliance with such Regulations, orders and instructions. Where any information

required of a contractor is in the exclusive possession of another who fails or refuses to

furnish this information the contractor shall so certify to the Recipient, or the Texas

Department of Transportation as appropriate, and shall set forth what efforts it has made to

obtain the information.

(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the

nondiscrimination provisions of this contract, the Recipient shall impose such contract

sanctions as it or the Texas Department of Transportation may determine to be appropriate,

including, but not limited to:

(a) withholding of payments to the contractor under the contract until the contractor

complies, and/or

(b) cancellation, termination or suspension of the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs

(1) through (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

Recipient or the Texas Department of Transportation 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 Recipient to enter into

such litigation to protect the interests of the Recipient, and, in addition, the contractor may

request the United States to enter into such litigation to protect the interests of the United

States.

1-2 000--2640

02-13

2004 Specifications CSJ 0314-07-040

SPECIAL PROVISION

000--2640

IMPORTANT NOTICE TO CONTRACTORS

As of January 28, 2013, ROW and utilities within the project limits have not been cleared. The

Department anticipates clearance by the dates listed below. Unless otherwise stated, clearance of

these obstructions will be performed by their owners. Estimated clearance dates are not anticipated to

interfere with the Contractor’s operations. In the event the clearance dates are not met, requests for

additional compensation or time will be made in accordance with the standard specifications.

The Contractor is invited to review the mapped information of obstructions on file with the Engineer.

UTILITY STATUS

IH-20

0314-07-040

PARKER

February 2013 Letting

Owner Description Status Est. Clear

Date

Effect on Construction

Oncor Aerial relocation required

to meet new ROW, grading.

etc

Not Clear February 2013 Effects eastbound frontage

road construction

AT&T Underground

improvements to existing

facilities

Clear March 2013 Effects eastbound frontage

road construction

Enbridge Gas Perpendicular Crossing at

Western limits of project

Clear N/A No effect

Empire Gas Perpendicular Crossing at


Clear N/A No effect

Level 3 Underground cable running

east/west on the south side

of interstate ROW

Not Clear Unknown Effects eastbound frontage

road construction

Crosstex Gas Perpendicular Crossing at


Clear N/A No effect

2-2 000--2640

02-13

ROW STATUS

IH-20

0314-07-040

PARKER

February 2013 Letting

Parcel Owner Description Status Est. Clear

Date

Effect on

Construction

2 Doherty &

Susan Jarreau

5.673 Acres Clear None

3 Ross bell 0.228 Acres Not Clear Mid-March Utility Relocation

delayed.

4 Dale Pahlke 0.736 Acres Clear None

103 Dale Pahlke 1.707 Acres Clear None

109 Robert &

Norma Cook

0.137 Acres Clear None

2004 Specifications

SPECIAL PROVISION

001---015

Definition of Terms

For this project, Item 001, “Definition of Terms,” 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.

The following Articles are voided and replaced by the following: 1.50. Disadvantaged Business Enterprise (DBE). 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. 1.128. Subcontractor. A Subcontractor is defined as 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. The following Articles are voided and not replaced. 1.97. Proposal. 1.98. Proposal Form. 1.99. Proposal Guaranty.

This Item is supplemented by the following:

1.148. Additive Alternate. A bid item contained in a proposal that is not a regular item or a designated alternate bid item. The additive alternate item(s) include work that may be added to the base bid work.

1.149. Base Bid. The total bid (includes regular bid items or corresponding alternate bid items if lower) amount without additive alternates.

1.150. Affiliates. Two or more firms are affiliated if:

they share common officers, directors, or stockholders;

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2-2 001---015 06-10

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. 1.151. Bid. The offer of the bidder for performing the work described in the plans and specifications including any changes made by addenda. 1.152. Bid Guaranty. The security furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded. 1.153. Electronic Bid Form. The bid form contained in the Department’s Electronic Bidding System. 1.154. Electronic Bidding System (EBS). The Department's automated system that allows bidders to enter and submit their bid information electronically. 1.155. Electronic Vault. The secure location where electronic bids are stored prior to bid opening. 1.156. 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, aunt’s spouse, first cousin, or first cousin’s spouse.

1.157. Printed Bid Form. The bidding form printed and sent to the bidder by the department or printed by the bidder from the department’s Electronic Bidding System.

1.158. Bid Form. The form provided by the Department used by the bidder to submit a bid. The bid form is a Department mailed bidder’s form (traditional proposal submitted manually), a Department EBS printed bid form (submitted manually), or the bid form submitted electronically through the Department’s EBS.

2004 Specifications

SPECIAL PROVISION

002---017

Instructions to Bidders

For this project, Item 002, “Instruction to Bidders,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Except for Article 2.1 the remainder of Item 2 is voided and replaced by the following:

2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Form and an audited financial statement or a Bidder’s Questionnaire Form at least 10 days before the date that bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders prequalified with a Bidder’s Questionnaire Form are not eligible to bid on a project that requires the Confidential Questionnaire Form and audited financial statements. Comply with all technical prequalification requirements in the bid form. Obtain prequalification forms from the Construction Division.

2.3. Issuing Bid Forms. The Department will issue a bid form to a prequalified Bidder meeting the requirements of the bid form on request if the estimated cost of the proposed Contract is within that Bidder’s available bidding capacity. Request bid forms orally, in writing, or electronically.

In the case of a joint venture, all joint venture participants must be prequalified. An equally divided portion of the Engineer’s estimate must be within each participant’s available bidding capacity.

The Department will not issue a bid form for a proposed Contract if one or more of the following apply:

the Bidder is disqualified by an agency of the federal government.

the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding a specific proposal because of bid error or failure to enter into a Contract of the first awarded bid.

the Bidder has not fulfilled the requirements for prequalification.

the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Department to participate in the preparation of the plans or specifications on which the bid or Contract is based.

the Bidder did not attend an advertised mandatory pre-bid conference.

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2.4. Interpreting Estimated Quantities. The quantities listed in the bid form are approximate and will be used for the comparison of bids. Payments will be made for the work performed in accordance with the Contract.

2.5. Examining Documents and Work Locations. Examine the bid form, plans, specifications, and specified work locations before submitting a bid for the work contemplated. 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 use of the Department in the preparation of plans. This information is provided for the Bidder’s information only and the Department 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 Items of work, specifications, plans or bid forms given during the bidding process are not binding. Only requirements included in the bid form, associated specifications, plans and Department-issued addenda are binding. Request explanations of documents in adequate time to allow the Department to reply before the bid opening date..

Immediately notify the Department of any error, omission, or ambiguity discovered in any part of the bid form, specifications or plans. The Department will issue an addendum when appropriate.

2.6. Preparing the Bid. Prepare the bid on the form furnished by the Department. Bid forms may be printed or electronic. Informational forms will not be accepted.

Specify a unit price in dollars and cents for each Item for which an estimated quantity is given. When “Working Days” is an Item, submit the number of working days to be used to complete the Contract, or phases of the Contract shown on the plans.

An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article 2.14, “Tabulating Bids.” Include unit bid prices for each Item in the Item group or alternate Item group, except for instances when alternate Items pertain to foreign steel or iron materials.

If a bid form contains both regular bid Items for domestic and alternate bid Items pertaining to foreign steel or iron materials the bidder must either:

submit unit bid prices for domestic bid items only, or

submit unit bid prices for both the alternate foreign bid items and domestic bid items.

Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda.

A. Printed Bid Forms. Make all entries and execute the bid form in ink. 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. The bid form must be signed by person(s) authorized to bind the Bidder(s).

2-8 002---017 02-09

As an alternative to hand writing the unit prices in the bid form, submit a computer printout signed by the person authorized to bind the Bidder or for a joint venture the persons authorized to bind the Bidders. As a minimum, computer printouts must contain the information in the format shown on the “Example of Bid Prices Submitted by Computer Printout” form in the bid form.

As an additional alternative, the bidder may prepare the bid using EBS and print out the bid form. Execute the bid form. 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. The bid form must be signed by persons authorized to bind the Bidders.

B. Electronic Bid Forms. Use the electronic bid form in EBS. Acknowledge an addendum by initialing each addendum listed under the addenda tab in EBS. Digitally sign the bid form using a digital certificate issued by the department. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants.

2.7. Nonresponsive Bids. A bid that has one or more of the deficiencies listed below is nonresponsive and will not be considered.

A. The person or, in the case of a manually submitted joint venture bid, persons did not sign the bid form.

B. The proposal guaranty did not comply with the requirements contained in Article 2.8, “Bid Guaranty.”

C. The bid was in a form other than the official bid form issued to the Bidder or Bidders.

D. The bid was not in the hands of the letting official at the time and location specified in the advertisement. For electronic bids, “in the hands of the letting official” means EBS vault acknowledgement.

E. The bid form submitted had the incorrect number of Items.

F. A computer printout, when used, was not signed in the name of the Bidder (or joint Bidders, in the case of a joint venture), or omitted required Items or included an Item or Items not shown in the bid form.

G. The Bidder was not authorized to receive a bid form under Article 2.3, “Issuing Bid Forms.”

H. The Bidder failed to acknowledge receipt of all addenda issued.

I. The Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an Item.

J. The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid form.

K. The Bidder did not attend a specified mandatory pre-bid conference.

The department will not accept or read any of the bids submitted on the same project by:

a joint venture and one or more of its partners, or

3-8 002---017 02-09

affiliated bidders.

2.8. Bid Guaranty. The bid guaranty amount is fixed at the amount indicated on the bid form on the date the bid form is released to the public. Provide a bid guaranty in the amount indicated on the bid form as follows:

For printed bids, use either a guaranty check or a bid bond. An electronic bid bond may be used as the guaranty for a bid form printed from EBS. (The bid bond number is printed on the form printed from EBS and the Department verifies the bond through EBS at the letting.)

For electronic bids, use an electronic bid bond. Do not use guaranty checks or printed bid bonds on electronic bids.

A. Guaranty Check. The guaranty check must be payable to the Texas Transportation Commission and must be a cashier’s check, money order, or teller’s check drawn by or on a state or national bank, a savings and loan association, 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. Post dated checks will not be accepted. The type of check or money order must be indicated on the face of the instrument 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 Department will not accept personal checks, certified checks, or other types of money orders as a bid guaranty.

B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of attorney attached, and in the amount specified on the bid bond form. The bond form 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, in the case of a joint venture, 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 Subarticle. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with state law.

C. Electronic Bid Bond. Use the most current version of the electronic bond issued by the department. For a joint venture, the bond must be in the name of all joint venture participants. Enter the bond authorization code into EBS. Use bond authorization codes issued by the companies listed in most recent version of EBS.

2.9. Submittal of Bid. Bids may be submitted either manually or electronically.

A. Manually Submitted Bids.

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. It is the bidder’s responsibility to ensure that the sealed bid arrives at the location described in the official advertisement of the project on or before the time and date set for the opening. The bid must be in the hands of the Letting Official by that time, regardless of the method chosen for delivery, in order to be accepted.

4-8 002---017 02-09

In addition to the requirements above, all pages of a bid form printed from EBS must be submitted.

B. Electronically Submitted Bids. Submit the electronic bid to the electronic vault using EBS. It is the bidder’s responsibility to ensure that the bid is received by the electronic vault on or before the time and date set for the opening.

2.10. Revising Bid Forms. Revisions to bids will be handled as follows:

A. Manually Submitted Bids.

1. Before Submission. Make desired changes to the printed bid form in ink and initial the changes.

2. After Submission. Withdraw the bid in accordance with Article 2.11, “Withdrawing Bids.” Make desired changes to the printed bid form in ink and initial the changes. Resubmit to the Letting Official in accordance with Article 2.9, “Delivery of Bid.” The Department will not make revisions to a bid on behalf of a Bidder.

B. Electronically Submitted Bids. Make desired changes up until the time and date set for the opening of bids using EBS. The electronically submitted bid with the latest time stamp by the electronic vault will be used for tabulation purposes.

C. After Bid Opening. Revisions to bids are not allowed after the time and date set for the opening.

2.11. Withdrawing Bids.

A. Manually Submitted Bids. Submit a signed written request to the Letting Official. The Department will not accept telephone or electronic requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the Bidder, and must be in the hands of the Letting Official before the time and date set for the opening. In the case of joint venture, the department will accept a request from any person authorized to bind a party to the joint venture to withdrawal a bid.

B. Electronically Submitted Bids. Submit an electronic or written request to withdraw the bid. The electronic request must be made using EBS. For a written request, submit a signed request to the Letting Official. A request to withdraw an electronic bid must be made by a person authorized to bind the Bidder and must be made prior to the time and date set for the opening. For written request for withdrawals of electronic bids and in the case of joint venture, the department will accept a request from any person authorized to bind a party to the joint venture to withdrawal a bid.

2.12. Opening and Reading of Bids. At the time, date and location specified in the official advertisement, the Letting Official will publicly:

open and read manually submitted bids; and

read electronically submitted bids.

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2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the termination of the Contract and sanctions under the Texas Administrative Code. Termination of the Contract will be in accordance with Article 8.7, “Termination of Contract.”

2.14. Tabulating Bids.

A. Official Total Bid Amount. The Department 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 2.14.G, “Special Item Considerations,” 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.

B. Consideration of Bid Format. When a Bidder submits both an electronic bid and a properly completed manual bid, the unit bid prices in the manual bid will be used to determine the total bid amount. If a bidder submits an electronic bid and an incomplete manual bid, the electronic bid will be used in the tabulation of the total bid amount.

If a bidder submits two or more manual bids, all responsive bids will be tabulated. The bid with the lowest tabulation will be used to determine the total bid amount.

C. Rounding of Unit Prices. The Department 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.

D. Interpretation of Unit Prices. The Department will make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. The Department’s determination will be final.

E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as one-tenth of a cent ($0.001).

The Department will consider proposals where unit bid prices have been left blank incomplete and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of Items, the bid will be considered complete if:

the regular Item or group of regular Items has unit prices entered, or

the alternate Item or group of alternate Items has unit prices entered.

The bid will be considered incomplete and nonresponsive if:

a regular Item or group of regular Items is left blank, and

a corresponding alternate Item or group of alternate Items is left blank.

6-8 002---017 02-09

F. Consideration of Alternate Items. The Department will make two calculations using one-tenth of a cent ($0.001) for each Item if:

a regular Item or a group of Items have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, and

a corresponding alternate Item or group of Items, have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00.

The Department will select the regular Item or Items or the alternate Item or Items at the Department’s discretion if both the regular and alternate bid results in the same cost to the State.

The Department will use the unit price that is greater than zero for bid tabulation if:

a unit price greater than zero has been entered for either a regular bid or a corresponding alternate Item or group of Items, and

an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of $0.00 has been entered for the other corresponding Item or group of Items.

If a unit price has been entered for both the regular Item and a corresponding alternate Item, the Department will select the option (regular or alternate) that results in the lowest cost to the State. The Department will select the regular Item or Items or the alternate Item or Items at the Department’s discretion if both the regular and alternate bid results in the same cost to the State.

G. Special Item Considerations.

1. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for “Hot Asphalt-Rubber Surface Treatments” or “Hot Mix Asphalt Concrete Pavement” which contains ground tire rubber is shown in the bid form and the Bidder bids that alternate Item, the amounts bid for “Hot Asphalt-Rubber” and “Aggregate” or “Hot Mix Asphalt Concrete” will be reduced to 85% of the amounts actually bid. This reduction will only be used for the purposes of determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from scrap tire ground in a facility in Texas. Payment for “Hot Asphalt-Rubber” and “Aggregate” or “Hot Mix Asphalt Concrete” will be at the actual unit prices bid.

2. “Buy America.” For proposed Contracts where unit bid prices are submitted for both domestic and foreign steel or iron materials, the total bid amount will be calculated using both the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be the bid using foreign steel or iron materials. If the difference between the low bid using foreign steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%, the apparent low Bidder will be the bid using domestic steel or iron materials.

3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on proposed Contracts without federal funds, the total bid amount will be based upon the reverse application of the non-resident Bidder’s home state bidding preference, if any.

2.15. Consideration of Bid Errors. The Department will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met:

7-8 002---017 02-09

8-8 002---017 02-09

Submit written notification to the Department within 5 business days after the date the bid is opened.

Identify the Items of work involved and include bidding documentation. The Department may request clarification of submitted documentation.

The Department will evaluate the claim of an error by the apparent low Bidder by considering the following:

The bid error relates to a material Item of work.

The bid error amount is a significant portion of the total bid.

The bid error occurred despite the exercise of ordinary care.

The delay of the proposed work will not impact cost and safety to the public.

Acceptance of the bid error claim by the Department will result in the rejection of all bids. The erring Contractor will not be allowed to bid the project when it is relet. Rejection of bids due to the Contractor’s bid error may result in the application of sanctions by the Department.

2.17. Electronic Bidding. Take responsibility for correctly installing the EBS software. Secure the digital certificate issued by the department at all times. Promptly report compromised digital certificates to the Department. Select an Internet Service Provider. The Department will not be responsible for Internet unavailability. The Department will not provide a computer for preparing, submitting, revising or withdrawing an electronic bid.

2.18. Bid Form Content. The electronic and the EBS printed bid form do not contain such things as the special provisions, special specifications, and general notes. These documents are included by reference. Manual bid forms (traditional proposals) will include such provisions.

2004 Specifications

SPECIAL PROVISION

004---017

Scope of Work

For this project, Item 4, “Scope of Work,” 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 4.2. Changes in the Work. The first paragraph is supplemented by the following:

The Contractor is responsible for notifying the sureties of any changes to the contract.

Article 4.2. Changes in the Work. The sixth paragraph is voided and replaced by the following:

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. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1.

Table 1 Quantity-Based Price Adjustment Factors

% of Original Quantity Factor ≥ 50 and < 75 1.05 ≥ 25 and < 50 1.15

< 25 1.25

Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is voided and replaced by the following:

A. Damages. Damages occur when impacts that are the responsibility of the Department 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 Department, 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 Contract Letting and Contractor Prequalification Branch of the Construction Division.

1-3 004---017 04-10

1. Delay Damages. 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:

a. Standby Equipment Costs.

Standby costs will not be allowed during periods when the equipment would have otherwise been idle.

No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month.

For Contractor-owned equipment, standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. For leased equipment on standby, 100% of the invoice cost of the leased equipment will be paid. Operating costs will not be allowed.

b. 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 prime 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 as-let number of working days) or actual documented costs for the impacted period. Project overhead for delays impacting sub-contractors will be determined from actual documented costs submitted by the Contractor. The granting of time extensions and suspensions alone will not be justification for reimbursement for project overhead.

c. Home Office Overhead. The Department will not compensate the Contractor for home office overhead.

Article 4.4. Requests and Claims for Additional Compensation, Section B., Dispute or Claims Procedure is voided and replaced by the following:

B. Dispute or Claims Procedure. Work with the Engineer to resolve or escalate all issues in accordance with the procedures outlined at the pre-construction conference. Establish with the Engineer an issue escalation ladder and adhere to the following:

1. Project Pledge. At a minimum, Contractor representatives at the level of foreman and above will certify in writing they will approach the construction of this project in a manner consistent with delivering a high quality project in a safe, cost-effective, and timely manner, and they will be committed to not allowing personality conflicts or personal interests to interfere with providing the public with a quality project. Failure to uphold this commitment may result in grounds for removal from the project by the District Engineer.

2-3 004---017 04-10

3-3 004---017 04-10

2. Issue Resolution Process. An issue is any aspect of the contract where representatives of the participants in the contract do not agree. The individuals identified at the lowest level of the issue escalation ladder will initiate the issue resolution process by escalating any issue that remains unresolved within the time frame outlined in the issue escalation ladder.

Use the Department’s automated issue tracking system to submit and track issues escalated to the area engineer or above. Do not use the automated issue tracking system for routine issues resolved on the project.

Once the issue is recorded in the automated issue tracking system, the issue will be escalated to the district engineer within 15 calendar days.

The district engineer will issue written direction within 7 calendar days.

Work with the district to resolve all issues during the course of the contract. In the event the district and the Contractor cannot resolve an issue, the Contractor may file a contract claim after the completion of the contract to be handled in accordance with the Department’s contract claim procedure. Contract claims will not be presented to the Contract Claims Committee for consideration prior to the final payment to the Contractor. It is the Contractor’s responsibility to prove or justify all claims and requests in a timely manner.

The deadline for filing a claim in accordance with 43 TAC Section 9.2, is the earlier of 1 year after the date of final acceptance, date of default, or date of termination except that claims for warranty enforcement can be made up to 1 year after expiration of the warranty period.

2004 Specifications

SPECIAL PROVISION

005---004

Control of the Work

For this project, Item 005, “Control of the Work,” 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 5.2 Plans and Working Drawings, is supplemented with the following: Submit shop drawings electronically for the fabrication of structural items as documented in the “Guide to Electronic Shop Drawing Submittal” available on the internet at ftp://ftp.dot.state.tx.us/pub/txdot-info/library/pubs/bus/bridge/e_submit_guide.pdf and as directed by the Engineer for other items required by the standard specifications. References to 11 x 17 sheets in individual specifications for structural items imply electronic CAD sheets.

1-1 005---004 10-06

2004 Specifications

SPECIAL PROVISION

006---030

Control of Materials

For this project, Item, Item 006, “Control of Materials,” of the Standard Specifications is amended hereby with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 6.9. Recycled Materials is voided and replaced by the following:

The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling. 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-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines,” and furnish all documentation required by that Specification.

Article 6.10. Hazardous Materials is voided and replaced by the following:

Use materials that are free of hazardous materials as defined in Item 1, “Definition of Terms.”

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 Department may contain hazardous materials. Except in the case of Section 6.10.A.1.a, “Cleaning and Painting Steel” below, the Department is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Department 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 Department, except in the case of Section 6.10.A.1.a.

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.

A. Painted Steel Requirements. As shown on the plans, existing paint on steel may contain hazardous materials. Perform work in accordance with the following:

1. Removing Paint from Steel.

1-2 006---030 01-07

a. Cleaning and Painting Steel. For contracts that are primarily for painting existing steel, perform the work in accordance with Item 446, “Cleaning and Painting Steel.”

b. Other Contracts. For all other projects when an existing paint must be removed to perform other work, perform paint removal work in accordance with Item 446, “Cleaning and Painting Steel” unless the paint is shown or determined to contain hazardous materials. If the paint is shown or determined to contain hazardous materials, the Department will provide for a separate contractor to remove paint prior to or during the Contract to allow dismantling of the steel for the Contractor’s salvaging, reuse, or recycling or where paint must be removed to perform other work. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw-cutting methods to remove steel elements coated with paint containing hazardous materials, the plans will show stripping locations. Coordinate with the separate contractor for stripping work to be performed during the Contract.

2. Removal and Disposal of Painted Steel. For Contracts where painted steel is to be removed and disposed of by the Contractor, painted steel may be reused or disposed of at a steel recycling or smelting facility. If the paint is shown or determined to contain hazardous materials, maintain and make available to the Engineer invoices and other records showing the reuse owner or for recycling, records obtained from the recycling or smelting facility showing the received weight of the steel and the facility name. Painted steel to be retained by the Department will be shown on the plans.

B. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) have been found. At these locations or at locations where previously unknown ACM has been found, the Department will arrange for abatement by a separate contractor during the Contract. 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 Department sufficient time to abate the asbestos.

When the work by a separate contractor for removal of paint or asbestos abatement is to be performed during the Contract, provide traffic control as shown on the plans and coordinate and cooperate with the separate contractor. Continue other work detailed in the plans not directly involved in the paint removal or asbestos abatement work. Coordinate with the Department the timing of the separate contractor’s work in advance in order to allow the Department to schedule work with the separate contractor. Work for the traffic control and other work will not be paid for directly but will be subsidiary to pertinent Items.

2-2 006---030 01-07

2004 Specifications

1-3 006---047

12-12

SPECIAL PROVISION

006---047

Control of Materials

For this project, Item 006, “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 6.4. 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 Department-selected 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.

2004 Specifications

2-3 006---047

12-12

Table 1 Select Guide Schedule Sampling and Testing (Note 1)

TxDOT Test Test Description

Turn-

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 w/

Tex-117-E

Moisture-Density Relationship of Base Materials with Triaxial Compression Tests For

Disturbed Soils and Base Materials (Part II) 10

Tex-140-E Measuring Thickness of Pavement Layer 2

Tex-145-E Determining Sulfate Content in Soils - Colorimetric Method 4

HOT MIX ASPHALT

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 w/

Tex-207-F, Part

I, w/

Tex-227-F

(Lab-Molded Density of Production Mixture – Texas Gyratory)

Method of Compacting Test Specimens of Bituminous Mixtures with Density of

Compacted Bituminous Mixtures, Part I - Bulk Specific Gravity of Compacted

Bituminous Mixtures, with Theoretical Maximum Specific Gravity of Bituminous

Mixtures

1

(Note 2)

Tex-207-F, Part I

&/or Part VI

(In-Place Air Voids of Roadway Cores)

Density of Compacted Bituminous Mixtures, Part I- Bulk Specific Gravity of

Compacted Bituminous Mixtures &/or Part VI - Bulk Specific Gravity of Compacted

Bituminous Mixtures Using the Vacuum Method

1

(Note 2)

Tex-207-F, Part

V

Density of Compacted Bituminous Mixtures, Part V- Determining Mat Segregation

using a Density-Testing Gauge 3

Tex-207-F, Part

VII

Density of Compacted Bituminous Mixtures, Part VII - Determining Longitudinal

Joint Density using a Density-Testing Gauge 4

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 w/

Tex-207-F, Part

I, w/ Tex-227-F

(Lab-Molded Density of Production Mixture – Superpave Gyratory)

Superpave Gyratory Compacting of Specimens of Bituminous Mixtures (production

mixture) with Density of Compacted Bituminous Mixtures, Part I- Part I - Bulk

Specific Gravity of Compacted Bituminous Mixtures, with Theoretical Maximum

Specific Gravity of Bituminous Mixtures

1

(Note 2)

2004 Specifications

3-3 006---047

12-12

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

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

CHEMICAL

Tex-612-J Acid Insoluble Residue for Fine Aggregate 4

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 travel/sampling 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.

2004 Specifications

SPECIAL PROVISION

008---119

Prosecution and Progress

For this project, Item 8, “Prosecution and Progress,” 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 8.8. Subcontracting, is supplemented with the following:

For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the executed subcontract agreement.

1-1 008---119 06-10

2004 Specifications

SPECIAL PROVISION

009---009

Measurement and Payment

For this project, Item 009, “Measurement and Payment,” 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 9.6. Progress Payments, Section A, Retainage is voided and replaced by the following:

A. Retainage. Retainage will not be withheld on this project.

Article 9.6. Progress Payments, Section B, Payment Provisions for Subcontractors is voided and replaced by the following:

B. 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 department. Pay the 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 of all of the subcontractor’s work. Completed subcontractor 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 Department and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Department; and

• the work done by the subcontractor has been inspected, approved, and paid by the Department.

The inspection and approval of a subcontractor’s work does not eliminate the Contractor’s responsibilities for all the work as defined in Article 7.14, “Contractor’s Responsibility for Work.”

The Department 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 as described in this Article.

These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract or material purchase agreements.

1-1 009---009 04-06

1-1 009---015 12-07

2004 Specifications

SPECIAL PROVISION

009---015

Measurement and Payment

For this project, Item 9, “Measurement and Payment,” 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 9.5. Force Account, B. Insurance and Taxes is replaced by the following:

B. Labor Burden. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9.5.A, “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.

1-1 100---002 10-07

2004 Specifications

SPECIAL PROVISION

100---002

Preparing Right of Way

For this project, Item 100, “Preparing Right of Way,” 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 100.4. Payment. The second paragraph is voided and replaced by the following: Total payment of this Item will not exceed 10% of the original contract amount until final acceptance. The remainder will be paid on the estimate after the final acceptance under Article 5.8, “Final Acceptance.”

1-1 161---006 11-10

2004 Specifications

SPECIAL PROVISION

161---006

Compost

For this project, Item 161, “Compost,” 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 161.2. Materials. Table 1 and following two paragraphs are voided and replaced by the following:

Table 1 Physical Requirements for Compost

Property Test Method Requirement

Particle Size TMECC1 02.02-B, “Sample Sieving for Aggregate Size Classification”

95% passing 5/8 in. 70% passing 3/8 in.

Heavy Metals Content

TMECC 04.06, “Heavy Metals and Hazardous Elements”: 04.06-As, Arsenic 04.06-Cd, Cadmium 04.06-Cu, Copper 04.06-Pb, Lead 04.06-Hg, Mercury 04.06-Mo, Molybdenum 04.06-Ni, Nickel 04.06-Se, Selenium 04.06-Zn, Zinc

Pass

Salinity TMECC 04.10-A, “1:5 Slurry Method, Mass Basis” 5.0 dS/m Max2

pH TMECC 04.11-A, “1:5 Slurry pH” 5.5-8.5

Maturity TMECC 05.05-A, “% Emergence and Relative Seedling Vigor”

> 80%

Organic Matter Content TMECC 05.07-A, “Loss-On-Ignition Organic Matter Method”

25-65% (dry mass)

Stability TMECC 05.08-B, “Carbon Dioxide Evolution Rate” ≤ 8

Fecal Coliform TMECC 07.01-B, “Fecal Coliforms” 1,000 MPN/g Max

1. “Test Methods for the Examination of Composting and Compost,” published by the United States Department of Agriculture and the USCC. 2. A soluble salt content up to 10.0 dS/m for compost used in compost-manufactured topsoil will be acceptable.

Maintain compost in designated stockpiles at the producer’s site. The Department reserves the right to sample compost at the jobsite. Material may be tested to verify compliance with this Specification by an STA-certified lab. Make payment to the STA-certified lab approved by the Department. Submit lab invoices for passing tests to the Department for reimbursement. Maintain a complete record of all test reports for the previous and current calendar year.

2004 Specifications

SPECIAL PROVISION

164---002

Seeding For Erosion Control

Item 164, “Seeding For Erosion Control,” 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 164.3. Construction. The following is added after the first sentence:

Use approved equipment to vertically track the seedbed as shown on the plans or as directed by the Engineer.

1-1 164---002 08-07

2004 Specifications

SPECIAL PROVISION

247---033

Flexible Base

For this project, 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.

Article 247.2. Materials, Section A. Aggregate, Table 1. Material Requirements is replaced by the following:

Table 1 Material Requirements

Property Test

Method Grade 1 Grade 2 Grade 3 Grade 4 Grade 5

Master gradation sieve size

(cumulative % retained)

2-1/2 in. – 0 0 0 1-3/4 in. 0 0–10 0–10 0-5 7/8 in. 10–35 – – 10–35 3/8 in. 30–50 – – 35–65 No. 4 45–65 45–75 45–75 45–75

No. 40

Tex-110-E

70–85 60–85 50–85

As shown on the plans

70–90 Liquid Limit,

% max.1 Tex-104-E 35 40 40


35

Plasticity Index, max.1

10 12 12 As shown on

the plans 10

Plasticity index, min.1 Tex-106-E

As shown on the plans Wet ball mill,

% max.2 40 45 – As shown on

the plans 40

Wet ball mill, % max. increase passing the

No. 40 sieve

Tex-116-E 20 20 – As shown on

the plans 20

Classification, max. 3 Tex-117-E When

shown on the plans

When shown on the plans

– As shown on

the plans -

Min. compressive strength, psi

lateral pressure 0 psi 45 35 – – lateral pressure 3 psi – – – 90

lateral pressure 15 psi

Tex-117-E

175 175 –


175 1. Determine the plastic index in accordance with Tex-107-E (linear shrinkage) when liquid limit is unattainable as defined in Tex-104-E. 2. When a soundness value is required by the plans, test material in accordance with Tex-411-A. 3. When Classification is required by the plans, a triaxial Classification of 1.0 or less for Grades 1 and 2.3 or less for Grade 2 is required. The Classification requirement for Grade 4 will be as shown on the plans.

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2-2 247-033 03-09

Article 247.2. Materials, Section A. Aggregate, Section 3. Recycled Material, Section b. Recycled Material (Including Crushed Concrete) Requirements, Section (1), Contractor Furnished Recycled Materials is supplemented by the following:

Provide recycled materials that have a maximum sulfate content of 3000 ppm when tested in accordance with Tex-145-E.

Article 247.4. Construction, Section C. Compaction is supplemented by the following:

Before final acceptance, the Engineer will select the locations of tests and measure the flexible base depth in accordance with Tex-140-E when Complete in Place measurement is specified. Correct areas deficient by more than 1/2 in. in thickness by scarifying, adding material as required, reshaping, recompacting, and refinishing at the Contractor’s expense.

Article 247.4. Construction, Section C. Compaction, Section 2. Density Control first paragraph is replaced by the following:

Compact to at least 100% of the maximum dry density determined by Tex-113-E, unless otherwise shown on the plans. Maintain moisture during compaction at not less than 1 percentage point below the optimum moisture content determined by Tex-113-E. Determine the moisture content of the material in accordance with Tex-115-E or Tex-103-E during compaction daily and report the results the same day to the Engineer, unless otherwise shown on the plans or directed.

1-1 275---003 10-11

2004 Specifications

SPECIAL PROVISION

275---003

Cement Treatment (Road-Mixed)

For this project, Item 275, “Cement Treatment (Road-Mixed),” 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 275.4. Construction, Section D. Mixing. The second paragraph is voided and replaced with the following:

After mixing, the Engineer may sample the mixture at roadway moisture and test in accordance with Tex-101-E, Part III, to determine compliance with the gradation requirements in Table 1.

Article 275.4. Construction, Section E. Compaction. The first paragraph is voided and replaced by the following:

Compact the mixture in one lift using density control unless otherwise shown on the plans. Complete compaction within 2 hours after the application of water to the mixture of material and cement.

Article 275.6 Payment. The first paragraph is voided and replaced by the following:

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid in accordance with Section 275.5.A, “Cement,” and Section 275.5.B, “Cement Treatment.”

Article 275.6 Payment, Section B. Cement Treatment is voided and replaced by the following:

B. Cement Treatment. Cement treatment will be paid for at the unit price bid for “Cement Treatment (Existing Material),” “Cement Treatment (New Base),” or “Cement Treatment (Mixing Existing Material and New Base),” for the depth specified. No payment will be made for thickness or width exceeding that shown on the plans. This price is full compensation for shaping existing material, loosening, mixing, pulverizing, spreading, applying cement, compacting, finishing, curing, curing materials, blading, shaping and maintaining shape, replacing mixture, disposing of loosened materials, processing, hauling, preparing secondary subgrade, water, equipment, labor, tools, and incidentals.

2004 Specifications

SPECIAL PROVISION

340---003

Dense-Graded Hot-Mix Asphalt (Method)

For this project, Item 340, “Dense-Graded Hot-Mix Asphalt (Method),” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 340.2. Materials, Section A. Aggregate, Section 2. RAP is voided and replaced by the following:

2. RAP. RAP is salvaged, milled, pulverized, broken, or crushed asphalt pavement. Crush or break RAP so that 100% of the particles pass the 2-in. sieve.

Use of Contractor-owned RAP including HMA plant waste is permitted, unless otherwise noted in the plans. Department-owned RAP stockpiles are available for the Contractor’s use when the stockpile locations are shown on the plans. Department-owned RAP generated through required work on the Contract is available for the Contractor’s use when shown on the plans. Perform any necessary tests to ensure Contractor or Department-owned RAP is appropriate for use. Unless otherwise shown on the plans, the Department will not perform any tests or assume any liability for the quality of the Department-owned RAP.

Fractionated RAP is defined as having 2 or more RAP stockpiles whereas the RAP is divided into coarse and fine fractions. The coarse RAP stockpile will contain only material retained by processing over a 3/8 in. screen or 1/2 in. screen unless otherwise approved. The fine RAP stockpile will contain only material passing the 3/8 in. screen or 1/2 in. screen unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8 in. screen or 1/2 in. screen to fractionate the RAP. The maximum percentages of fractionated RAP may be comprised of coarse or fine fractionated RAP or the combination of both coarse and fine fractionated RAP. Utilize a separate cold feed bin for each stockpile of fractionated RAP used.

Determine asphalt content and gradation of RAP stockpiles for mixture design purposes. Perform other tests on RAP when shown on the plans. Unless otherwise shown on the plans, use no more than 10% unfractionated RAP in surface mixtures and no more than 20% unfractionated RAP in non-surface mixtures that are placed within 8 in. of the final riding surface. Use no more than 30% unfractionated RAP in non-surface mixtures that are placed 8 in. or more from the final riding surface. Unless otherwise shown on the plans, use no more than 20% fractionated RAP in surface mixtures and no more than 30% fractionated RAP in non-surface mixtures that are placed within 8 in. of the final riding surface. Use no more than 40% fractionated RAP in non-surface mixtures that are placed 8 in. or more from the final riding surface. “Surface” mixtures are defined as mixtures that will be the final lift or riding surface of the pavement structure.“Non-Surface” mixtures are defined as mixtures that will be an intermediate or base layer in the pavement structure. Do not use Department or Contractor owned RAP contaminated with dirt or other objectionable materials. Do not use Department or Contractor owned RAP if

1-2 340---003 01-09

2-2 340---003 01-09

the decantation value exceeds 5% and the plasticity index is greater than 8. Test the stockpiled RAP for decantation in accordance with the laboratory method given in Tex-406-A, Part I. Determine the plasticity index using Tex-106-E if the decantation value exceeds 5%. The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction.

Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles. Remove unused Contractor-owned RAP material from the project site upon completion of the project. Return unused Department-owned RAP to the designated stockpile location.

Article 340.2. Materials, Section A. Aggregate. is supplemented by the following: 4. Recycled Asphalt Shingles (RAS). The contractor may use post-manufactured RAS or post-

consumer RAS; however, the use of post-consumer RAS may be restricted when shown on the plans. RAS are defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re-roofing residential structures. “Post-manufactured RAS” are processed manufacturer’s shingle scrap by-product. “Post-consumer RAS,” or “tear-offs,” are processed shingle scrap removed from residential structures.

Process the RAS by ambient grinding or granulating such that 100% of the particles pass the 1/2 in. sieve when tested in accordance with Tex-200-F, Part I. Add sand meeting the requirements of Table 1 and Table 2 to RAS stockpiles, if needed, to keep the processed material workable. Use a maximum of 4% sand by weight of RAS. Perform a sieve analysis on processed RAS material prior to extraction of the asphalt.

Determine asphalt content and gradation of the RAS material for mixture design purposes in accordance with Tex-236-F. Unless otherwise shown on the plans, use no more than 5% processed RAS of the total mixture weight. When RAS is used, whether in conjunction with RAP or not, calculate and ensure the ratio of the virgin binder to total binder is greater than 65% in surface mixtures and 60% in non-surface mixtures. “Surface” mixtures are defined as mixtures that will be final lifts or riding surfaces of a pavement structure. “Non-Surface” mixtures are defined as mixtures that will be intermediate or base layers in a pavement structure. When RAS is used in conjunction with fractionated RAP, use no more than 20% combined RAS and RAP for surface mixtures, and no more than 30% combined RAS and RAP in non-surface mixtures, unless otherwise shown on the plans. When RAS is used in conjunction with un-fractionated RAP, use no more than 10% combined RAS and RAP for surface mixtures, and no more than 20% combined RAS and RAP in non-surface mixtures, unless otherwise shown on the plans.

Certify compliance of the RAS with specification DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials Guidelines”. If the RAS has not come into contact with any hazardous materials, treat it as an established NRM. Do not use RAS if deleterious materials as measured by Tex-217-F, Part I, are more than 1.5% of the stockpiled RAS.

1-1 360---003 01-06

2004 Specifications

SPECIAL PROVISION

360---003

Concrete Pavement

For this project, Item 360, “Concrete Pavement,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 360.3. Equipment, Section E. Curing Equipment. The third sentence is voided and replaced by the following:

Provide curing equipment that is independent of all other equipment when required to meet the requirements of Article 360.4.I, “Curing.”

Article 360.4. Construction, Section H. Spreading and Finishing, Section 2. Maintenance of Surface Moisture. The first and second sentences are voided and replaced by the following:

Prevent surface drying of the pavement before application of the curing system by means that may include water fogging, the use of wind screens and the use of evaporation retardants.

Article 360. 4. Construction, Section I. Curing. The first sentence is voided and replaced by the following:

Keep the concrete pavement surface from drying as described in Section 360.4.H.2, “Maintenance of Surface Moisture,” until the curing material has been applied.

Article 360. 4. Construction, Section I. Curing, Section 1. Membrane Curing. The first paragraph is voided and replaced by the following:

Spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more than 180 sq. ft. per gallon. Do not allow the concrete surface to dry before applying the curing compound. Use a towel or absorptive fabric to remove any standing pools of bleed water that may be present on the surface before applying the curing compound. Apply the first coat within 10 min. after completing texturing operations. Apply the second coat within 30 min. after completing texturing operations.

1-2 420---002 09-05

2004 Specifications

SPECIAL PROVISION

420---002

Concrete Structures

For this project, Item 420, “Concrete Structures,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The tenth paragraph is supplemented with the following:

For bridge approach slabs the carpet drag, burlap drag, or broom finish may be applied either longitudinally or transversely.

Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The first sentence of the fourteenth paragraph is voided and replaced by the following:

Unless noted otherwise, saw-cut grooves in the hardened concrete of bridge slabs, bridge approach slabs, and direct-traffic culverts to produce the final texturing after completion of the required curing period.

Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The fourteenth paragraph is amended by the following:

When saw-cut grooves are not required in the plans, provide either a carpet drag or broom finish for micro-texture. In this case insure that an adequate and consistent micro-texture is achieved by applying sufficient weight to the carpet and keeping the carpet or broom from getting plugged with grout. For surfaces that do not have adequate texture, the Engineer may require corrective action including diamond grinding or shot blasting.

Article 420.4. Construction, Section J. Curing Concrete. The first sentence of the fourth paragraph is voided and replaced by the following:

For upper surfaces of bridge slabs, bridge approach slabs, median and sidewalk slabs, and culvert top slabs constructed using Class S concrete, apply interim curing using a Type 1-D curing compound before the water sheen disappears but no more than 45 minutes after application of the evaporation retardant. Do not allow the concrete surface to dry before applying the interim cure, and do not place the interim cure over standing water.

2-2 420---002 09-05

Article 420.6 Payment. The pay adjustment formula given in the sixth bullet of the fourth paragraph is voided and replaced by the following:

A = Bp[-5.37(Sa/Ss)2 + 11.69(Sa/Ss) – 5.32]

Where: A = Amount to be paid Sa = Actual strength from cylinders or cores Ss = Specified design strength Bp = Unit bid price

2004 Specifications

SPECIAL PROVISION

425---001

Precast Prestressed Concrete Structural Members

For this project, Item 425, “Precast Prestressed Concrete Structural Members,” 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 425.2. Materials is supplemented by the following:

For bridges with Type Tx28, Tx34, Tx40, Tx46, Tx54, Tx62 and/or Tx70 prestressed concrete girders, the contractor can submit an alternate design for approval using other TxDOT prestressed concrete girder shapes . Alternate designs must be signed, sealed, and dated by a Licensed Professional Engineer and submitted to the Engineer for review and approval. Use the same live load as the original design and adhere to the current versions of the AASHTO LRFD Bridge Design Specifications and the TxDOT LRFD Bridge Design Manual. Alternate bridge designs can differ from the original design only by type of girder used. Do not raise the roadway grade or lower the structure bottom chord elevation to accommodate the alternate girders. No other changes to the original geometry, including bent locations, are allowed. Substructure re-design may be necessary to accommodate the alternate girders.

Article 425.5. Payment is supplemented by the following:

No additional compensation will be made for alternate designs or for any increase in quantities required to accommodate alternate designs, including quantities paid for under other Items.

1-1 425---001 10-08

2004 Specifications

SPECIAL PROVISION

428---001

Concrete Surface Treatment

For this project, Item 428, “Concrete Surface Treatment,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 428.3. Construction, Section B. Surface Treatment Class II. The second paragraph is voided and replaced by the following:

• Clean the concrete surfaces using shot or abrasive blasting, unless otherwise restricted, followed by vacuuming and air-blasting as needed, to remove all visible curing compound, oils, and any other contaminants that retard or prevent penetration of the mixture before treatment application. Completely remove all spent abrasive media. Demonstrate the method of cleaning to the Engineer.

Do not damage the concrete surface to the point that the coarse aggregate is exposed. Acceptance of the entire cleaned surface by the Engineer is required before the application of the treatment material.

1-1 428---001 09-08

2004 Specifications

SPECIAL PROVISION

442 ---016

Metal for Structures

For this project, Item 442, “Metal for Structures,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 442.2, “Materials,” Section A, “Structural Steel,” Section 1, “Bridge Structures.” The third sentence is voided and not replaced. Article 442.5, “Payment,” is voided and replaced by the following: 442.5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Structural Steel” of the type (Rolled Beam, Plate Girder, Tub Girder, Box Girder, Railroad Through-Girder, Railroad Deck-Girder, Miscellaneous Bridge, Miscellaneous Non-Bridge) specified. This price is full compensation for materials, fabrication, transportation, erection, paint, painting, galvanizing, equipment, tools, labor, and incidentals.

1-1 442 ---016 02-10

2004 Specifications

SPECIAL PROVISION

450---001

Railing

For this project, Item 450, “Railing,” 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 450.2. Materials is supplemented with the following:

Where epoxy anchors are allowed or required, provide an approved Type III, Class C epoxy in accordance with DMS-6100, “Epoxies and Adhesives,” for installing drilled and epoxied rail anchorage reinforcement or rail anchor bolts. Use other materials if shown in the plans. Provide only dual cartridge epoxy systems mixed with a static mixing nozzle supplied by the epoxy adhesive manufacturer and dispensed with a tool supplied by the epoxy adhesive manufacturer. Do not use bulk epoxies. Drill and install anchorage reinforcement or anchor bolts to the embedment depth shown in the plans or the depth recommended by the manufacturer, whichever is deeper. No additional payment will be made for providing embedment deeper than shown in the plans. If no resistance or embedment depth is specified in the plans, select an embedment depth capable of developing the yield strength of the steel anchor.

Article 450.3. Construction, Section B. Concrete Railing. The last paragraph is voided and replaced by the following: Obtain approval to slipform railing. Slipforming equipment must be approved. Do not slipform railing with cast-in-place anchor bolts unless noted otherwise. Provide additional reinforcing, at Contractor’s expense, as needed to prevent movement of the reinforcement cage. Clear cover and epoxy coating requirements for additional reinforcement are the same as shown for the rail reinforcement. The rail reinforcing cage may be tack welded to the rail anchorage reinforcement provided the rail and anchorage reinforcement are not epoxy coated and weld locations measured along the rail are no closer than 3 ft. If epoxy coated reinforcement is required for the railing proposed to be slipformed, tie all bar intersections. Provide a wire line to maintain vertical and horizontal alignment of the slipform machine. Attach a grade line gauge or pointer to the machine so a continuous comparison can be made between the rail being placed and the established grade line. Rails or supports at the required grade are allowed instead of sensor controls. Prior to placing concrete, make one or more passes with the slipform over the rail segment to ensure proper operation and maintenance of grades and clearances. Provide slipformed rail within a vertical and horizontal alignment tolerance of +/- ¼ in. in 10 ft. Construct rail with a smooth and uniform appearance. Consolidate concrete so it is free of honeycomb. Provide concrete with a consistency that will maintain the shape of the rail without support. Minimize starting and stopping of the slipform operation by ensuring a continuous supply of concrete.

1-2 450---001 07-09

2-2 450---001 07-09

Do not exceed the manufacturer’s recommended speed for the slipform machine. If slipforming causes movement of the reinforcement such that plan clearances are not achieved, stop slipforming and take remedial action. Remove and replace unsatisfactory slipformed rail at the Contractor’s expense. Install epoxy adhesive anchorages in accordance with the manufacturer’s instructions including hole size, drilling equipment and method, hole cleaning equipment and method, mixing and dispensing epoxy, and anchor insertion. Do not alter the manufacturer’s mixing nozzle or dispenser. Anchorage bars or bolts must be clean and free of grease, oil, or any other foreign material. Do not weld to an anchor bar or anchor bolt that is anchored with epoxy adhesive. Do not expose rail to traffic until epoxy adhesive has cured.

Article 450.3. Construction, Section C. Tests is supplemented with the following: The Engineer will select three anchor bars or bolts of the first day’s production to be tested after the epoxy has cured. Test the bars or bolts in the presence of the Engineer in accordance with ASTM E 1512, using a restrained test, to evaluate the epoxy adhesive’s bond strength. Verify that the anchor bars or bolts develop the required pullout resistance in the plans or 75 percent of the yield strength of the bars or bolts, whichever is less, without a bond failure of the epoxy. The Engineer may require additional tests during production. If any of the tests do not meet the required test load, perform corrective measures to provide adequate capacity. Repair damage from testing. Article 450.5. Payment is voided and replaced with 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 “Railing” of the type specified. This price will be full compensation for furnishing, preparing, and placing concrete, expansion joint material, reinforcing steel, structural steel, aluminum, cast steel, pipe, anchor bolts or bars, testing of epoxy anchors, and all other materials required in the finished railing; removal and disposal of salvageable materials; and hardware, paint and painting of metal railing, galvanizing, equipment, labor, tools, and incidentals.

1-3 462---015

04-12

2004 Specifications

SPECIAL PROVISION

462---015

Concrete Box Culverts and Storm Dains

For this project, Item, 462, “Concrete Box Culverts and Storm 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.

Article 462.2. Materials, Section A. General. The last two paragraphs are voided and replaced

by the following:

Furnish material for machine-made precast boxes in accordance with DMS-7310, “Reinforced

Concrete Pipe and Machine-Made Precast Box Culvert Fabrication and Plant Qualification.”

Article 462.2. Materials, Section B. Fabrication, 3. Machine-Made Precast is voided and

replaced by the following:

Machine-made precast box culvert fabrication plants must be approved in accordance with

DMS-7310, “Reinforced Concrete Pipe and Machine-Made Precast Box Culvert Fabrication and

Plant Qualification.” The Construction Division maintains a list of approved machine-made

precast box culvert plants.

Fabricate machine-made precast boxes in accordance with DMS-7310.

Article 462.2. Materials, Section C. Testing, 2. Formed Precast is voided and replaced by the

following:

Make, cure, and test compressive test specimens in accordance with Tex-704-I.

Article 462.2 Materials, Section C. Testing, 3. Machine-Made Precast is voided and replaced

by the following:

Make, cure, and test compressive test specimens in accordance with DMS-7310.

Article 462.2. Materials, Section D. Lifting Holes. The first paragraph is voided and replaced

by the following:

For precast boxes, provide no more than 4 lifting holes in each section. Lifting holes may be cast,

cut into fresh concrete after form removal, or drilled. Provide lifting holes of sufficient size for

adequate lifting devices based on the size and weight of the box section. Do not use lifting holes

larger than 3 in. in diameter. Do not cut more than 5 in. in any direction of reinforcement per

layer for lifting holes.

2-3 462---015

04-12

Article 462.2. Materials, Section E. Marking. The first paragraph is voided and replaced by the

following:

Mark precast boxes with the following:

name or trademark of fabricator and plant location;

ASTM designation;

date of manufacture;

box size;

minimum and maximum fill heights;

designated fabricator’s approval stamp;

boxes to be used for jacking and boring (when applicable);

designation “SR” for boxes meeting sulfate-resistant concrete plan requirements (when

applicable); and

match marks for proper installation, when required under Section 462.2.F, “Tolerances.”

Article 462.2. Materials, Section F. Tolerances. is voided and replaced by the following:

Ensure that precast sections meet the permissible variations listed in ASTM C 1577 and the

following requirement:

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.

Ensure that 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.

Deviations from the above tolerances will be acceptable if the sections can be fitted at the plant

or job site 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. Boxes for Jacking Operations. For boxes to be used for jacking operations (as defined

in Item 476, “Jacking, Boring, or Tunneling Pipe or Box,”) meet the following additional

requirements:

The box ends must be square such that no point deviates more than 3/8 in. from a

plane placed on the end of the box that is perpendicular to the box sides, and

The slab and wall thicknesses must not be less than specified on the plans and must

not exceed the specified thickness by more than 1/2 in.

Article 462.2. Materials, Section G. Defects and Repair. The following paragraph is added:

Repair machine-made precast boxes in accordance with DMS-7310, “Reinforced Concrete Pipe

and Machine-Made Precast Box Culvert Fabrication and Plant Qualification.”

3-3 462---015

04-12

Article 462.2. Materials, Section H. Storage and Shipment. The following paragraph is added:

Store and ship machine-made precast boxes in accordance with DMS-7310, “Reinforced

Concrete Pipe and Machine-Made Precast Box Culvert Fabrication and Plant Qualification.”

Article 462.3 Construction, Section C. Jointing. The first paragraph is voided and replaced

by the following:

Unless otherwise shown on the plans, use any of the jointing materials in accordance with the

joint requirements specified in Item 464, “Reinforced Concrete Pipe.” Rubber gasketed joints

may be substituted for tongue and groove joints, provided they meet the requirements of

ASTM C 1677 for design of the joints and permissible variations in dimensions.

1-2 464---006

04-12

2004 Specifications

SPECIAL PROVISION

464---006

Reinforced Concrete Pipe

For this project, Item 464, “Reinforced Concrete Pipe,” of the Standard Specifications, is hereby

amended with respect to the clauses cited below, and no other clauses or requirements of this

Item are waived or changed hereby.

Article 464.2. Materials, Section A. Fabrication is voided and replaced by the following:

Fabrication plants must be approved by the Construction Division in accordance with

DMS-7310, “Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert

Fabrication and Plant Qualification,” before furnishing precast reinforced concrete pipe for

Department projects. The Construction Division maintains a list of approved reinforced concrete

pipe plants.

Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7310,

“Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and

Plant Qualification.”

Article 464.2. Materials, Section B. Design, 1. General. Table 2 is voided and replaced by the

following:

Table 2

Arch Pipe

Design Size Equivalent

Diameter (in.)

Rise (in.) Span (in.)

1 18 13-1/2 22

2 21 15-1/2 26

3 24 18 28-1/2

4 30 22-1/2 36-1/4

5 36 26-5/8 43-3/4

6 42 31-5/16 51-1/8

7 48 36 58-1/2

8 54 40 65

9 60 45 73

10 72 54 88

Article 464.2 Materials, Section C. Physical Test Requirements is voided and not replaced.

2-2 464---006

04-12

Article 464.2. Materials, Section D. Markings. The first paragraph is voided and replaced by

the following:

Furnish each section of reinforced concrete pipe marked with the following information specified

in DMS-7310, “Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert

Fabrication and Plant Qualification”:

class or D-Load of pipe,

ASTM designation,

date of manufacture,

pipe size,

name or trademark of fabricator and plant location,

designated fabricator’s approval stamp,

pipe to be used for jacking and boring (when applicable), and

designation “SR” for pipe meeting sulfate-resistant concrete plan requirements (when

applicable).

Article 464.2. Materials, Section E. Inspection is voided and replaced by the following:

Provide access for inspection of the finished pipe at the project site before and during

installation.

Article 464.2. Materials, Section F. Causes for Rejection is voided and replaced by the

following:

Individual section of pipe may be rejected for any of the conditions stated in the Annex of

DMS-7310, “Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert

Fabrication and Plant Qualification.”

Article 464.2. Materials, Section G. Repairs is voided and replaced by the following:

Make repairs if necessary as stated in the Annex of DMS-7310, “Reinforced Concrete Pipe and

Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification.”

Article 464.2. Materials, Section H. Rejections is voided and not replaced.

2004 Specifications

SPECIAL PROVISION

465---001

Manholes and Inlets

For this project, Item 465, “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.

Article 465.2, Materials. The second paragraph is voided and replaced by the following:

Precast manholes, inlets, risers, and appurtenances are acceptable unless otherwise shown. Alternate designs for precast items must be acceptable to the Engineer and must conform to functional dimensions and dimensions for plan wall, slab and edge beam thicknesses, and reinforcing steel areas. Alternate designs must be designed and sealed by a licensed professional engineer.

1-1 465---001 04-06

1-1 500-005 03-08

2004 Specifications

SPECIAL PROVISION

500---005

Mobilization

For this project, Item 500, “Mobilization,” 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 500.1. Description is supplemented by the following:

Work for this Item includes submissions required by the Contract.

Article 500.3. Payment, Section A is voided and replaced by the following:

A. Payment will be made upon presentation of a paid invoice for the payment, performance, or retainage bonds, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less.

Article 500.3. Payment, Section F is voided and replaced by the following: F. Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount.


G. Payment for the remainder of the lump sum bid for “Mobilization” will be made after all submittals are received, final quantities have been determined and when any separate vegetative establishment and maintenance, test and performance periods provided for in the Contract have been successfully completed.

1-1 502---033 10-07

2004 Specifications

SPECIAL PROVISION

502---033

Barricades, Signs, and Traffic Handling

For this project, Item 502, “Barricades, Signs, and Traffic Handling,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 502.4. Payment, Section C. Maximum Total Payment Prior to Acceptance is voided and replaced by the following:

C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8, “Final Acceptance.” The remaining balance will be paid in accordance with Section 502.4.E, “Balance Due.”

1-1 506---010 05-07

2004 Specifications

SPECIAL PROVISION

506---010

Temporary Erosion, Sedimentation, and Environmental Controls

For this project, Item 506, “Temporary Erosion, Sedimentation, and Environmental Controls,” 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 506.2. Materials. Section I. Sandbags. Table 1 is replaced with the following:

Table 1 Sand Gradation

Sieve # Retained (% by Weight) 4 MAXIMUM 3%

100 MINIMUM 80% 200 MINIMUM 95%

2004 Specifications

SPECIAL PROVISION

512---002

Portable Concrete Traffic Barrier

For this project, Item 512, “Portable Concrete Traffic Barrier,” 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 512.2. Materials. The first paragraph is supplemented by the following:

For precast concrete traffic barrier, Furnish the class of concrete shown on the plans. Air-entrained concrete will not be

required, unless otherwise shown on the plans. Use a minimum of 25% Class F fly ash with mix design Option 1 from Section 421.4.A.6,

“Mix Design Options.” Do not use mix design Options 6, 7, or 8 from Section 421.4.A.6., “Mix Design Options.”

Article 512.3. Construction. The second sentence of the first paragraph is voided and replaced by the following:

Multi-project fabrication plants as defined in Item 424, “Precast Concrete Structures (Fabrication)” that produce concrete traffic barrier, except temporary barrier furnished and retained by the Contractor, must be approved in accordance with DMS-7350, “Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Traffic Barrier.”

1-1 512---002 06-09

2004 Specifications

SPECIAL PROVISION

540---023

Metal Beam Guard Fence

For this project, Item 540, “Metal Beam Guard Fence,” 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 540.2. Materials, Section A. Metal Beam Rail Elements. The third paragraph is replaced by the following:

Furnish metal beam rail elements from a manufacturer on the Department’s approved Material Producer List, entitled “Metal Beam Guard Fence Rail Element Manufacturers.”

Article 540.2. Materials, Section B. Posts, Section 2. Steel Posts is voided and replaced by the following:

2. Steel Posts. Provide rolled sections conforming to the material requirements of ASTM A 36. Drill or punch posts for standard rail attachment as shown on the plans. Galvanize in accordance with Item 445, “Galvanizing.” Low fill culvert posts may be fabricated as galvanized “blanks” with the hole to accept the rail and the final height field fabricated. Treat all exposed post surfaces caused by the field fabrication in accordance with Section 445.3.D. “Repairs.”

Article 540.2. Materials, Section B. Posts, Table 1, Rail Element Requirements. The section entitled “Markings” is voided and replaced by the following:

Markings Permanently mark each metal beam rail element with the information required in AASHTO M 180. Permanently mark all curved sections of metal beam rail element, in addition, with the radius of the curved section in the format “R=xx ft.” These additional markings (die-imprinted) must be on the back of the metal beam rail section away from traffic and visible after erection.

1-3 540---023 06-10

Article 540.2. Materials, Section B. Posts is supplemented by the following:

3. Composite Posts. Meet the requirements of DMS-7210, “Composite Material Posts and Blocks for Metal Beam Guard Fence.”

Article 540.2. Materials is supplemented by the following:

H. Terminal Anchor Posts. Furnish new terminal anchor posts from steel conforming to the material requirements of ASTM A 36. Fabricate posts in accordance with Item 441, “Steel Structures.” Galvanize terminal anchor posts after fabrication in accordance with Item 445, “Galvanizing.”

I. Driveway Terminal Anchor Posts. Furnish new terminal anchor posts from steel conforming to the material requirements of ASTM A 36. Fabricate posts in accordance with Item 441, “Steel Structures.” Galvanize terminal anchor posts after fabrication in accordance with Item 445, “Galvanizing.”

Article 540.3. Construction, Section B. Rail Elements is supplemented by the following:

Short Radius. Special rail fabrication will be required at installations having a curvature of less than 150 ft. radius. The required radius shall be as shown on the plans. Short radius metal beam guard fence requires the placement of controlled release terminal (CRT) posts of the quantity shown on the plans.

Article 540.3. Construction is supplemented by the following:

G. Driveway Terminal Anchor Posts. Embed terminal anchor posts in concrete unless otherwise shown on the plans.

Article 540.4. Measurement is supplement by the following:

D. Short Radius. Measurement will be by the foot to the nearest whole foot along the face of the rail in place, from beginning of radius (and first CRT post) to the end of radius.

E. Driveway Terminal Anchor Section. Measurement will be by each section, complete in place, consisting of a driveway terminal anchor post and one 6 ft. section of rail element.

Article 540.5. Payment. The first paragraph is voided and replaced by the following:

540.5. Payment. The work performed and material furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Metal W-Beam Guard Fence” of the post type specified, “Metal Thrie-Beam Guard Fence” of the post type specified, “Terminal Anchor Section,” “Metal Beam Guard Fence Transition” of the type specified, “Metal W-Beam Guard Fence Adjustment,” “Metal Thrie-Beam Guard Fence Adjustment,” “Terminal Anchor Section Adjustment,” “Transition Adjustment,” “Short Radius,” or “Driveway Terminal Anchor Section.” When weathering steel is required, Type IV will be specified.

Article 540.5. Payment, Section C. Transition is voided and replaced by the following:

2-3 540---023 06-10

3-3 540---023 06-10

C. Transition. The price bid for “Metal Beam Guard Fence Transition” is full compensation for furnishing nested sections of thrie-beam; nested sections of W-beam; thrie-beam-to-W-beam transitional rail piece, posts, concrete, curb, and connections to W-beam guard fence and bridge rails; thrie-beam terminal connectors and terminal connectors; excavation and backfilling; and equipment, labor, tools, and incidentals.


E. Short Radius. The price bid for “Short Radius” is full compensation for furnishing special rail fabricated metal beam guard fence, controlled release terminal (CRT) posts, materials, hauling, erection, blocks, driving posts, excavating, backfilling, equipment, labor, tools, and incidentals.

F. Driveway Terminal Anchor Section. The price bid for “Driveway Terminal Anchor Section ” is full compensation for furnishing the rail element, driveway anchor assembly, driveway terminal anchor post, and foundations; installing the rail element anchor assembly and the driveway terminal anchor post and foundations; excavation and backfilling; and equipment, labor, tools, and incidentals.

2004 Specifications

SPECIAL PROVISION

636---014

Aluminum Signs

For this project, Item 636, “Aluminum 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.

Article 636.1. Description is voided and replaced by the following: Installation. Furnish, fabricate, and erect signs. Sign supports are provided for under other

Items. Replacement. Replace existing signs on existing sign supports. Refurbishing. Refurbish existing signs on existing sign supports.

Article 636.2. Materials, Section A. Sign Blanks is voided and replaced by the following:

A. Sign Blanks. Furnish sign blank substrates in accordance with DMS-7110, “Aluminum Sign Blanks” or DMS-8305, “Fiberglass Sign Substrate,” and in accordance with the types shown on the plans. Use single-piece sheet-aluminum substrates for Type A (small) signs. Use either extruded aluminum or fiberglass substrates for Type G (ground-mounted) or Type O (overhead-mounted) signs as shown on the plans.

Article 636.2. Materials, Section B. Sign Face Reflectorization is supplemented by the following:

Ensure that sign legend, symbols, borders, and background exhibit uniform color, appearance, and retroreflectivity when viewed both day and night.

Article 636.2. Materials, Section C. Sign Messages. The last two bullets are voided and replaced by the following:

Fabricate non-reflective black film legend from materials meeting DMS-8300. Furnish direct-applied route markers and other attachments within the parent sign face,

unless otherwise specified in the plans.

Article 636.2. Materials, Section D. Hardware is supplemented by the following:

Furnish sign hardware for fiberglass signs in accordance with the fiberglass substrate manufacturer’s recommendations.

Article 636.3. Construction, Section A. Fabrication, Part 1. Sign Blanks. The first paragraph is voided and replaced by the following:

1-3 636---014 10-08

Furnish sign blanks to the sizes and shapes shown on the plans and that are free of buckles, warps, burrs, dents, cockles, or other defects. Do not splice individual extruded aluminum or fiberglass panels.

Article 636.3. Construction, Section A. Fabrication, Part 2. Sheeting Application is voided and replaced by the following:

2. Sheeting Application. Apply sheeting to sign blanks in conformance with the sheeting manufacturer’s recommended procedures. Meet the fabrication requirements of DMS-8300, Section 8300.7.F, “Sign Fabrication” for white, orientation non-compliant sheeting listed on the Department’s Material Producer List entitled “Sign Face Materials.” Clean and prepare the outside surface of extruded aluminum or fiberglass flanges in the same manner as the sign panel face.

Minimize the number of splices in the sheeting. Overlap the lap-splices by at least 1/4 in. Use butt splices for Type C microprismatic, Type D, and Type E reflective sheeting. Provide a 1-ft. minimum dimension for any piece of sheeting. Do not splice sheeting for signs fabricated with transparent screen inks or colored transparent films.

Article 636.3. Construction, Section A. Fabrication, Part 3. Sign Assembly. The first paragraph is voided and replaced by the following:

3. Sign Assembly. Assemble extruded aluminum signs in accordance with the details shown on the plans. Assemble fiberglass signs in accordance with the fiberglass manufacturer’s recommendations located on the Department’s Material Producer List entitled “Fiberglass Sign Substrates.” Sign face surface variation must not exceed 1/8 in. per foot. Surface misalignment between panels in multi-panel signs must not exceed 1/16 in. at any point.

Article 636.3. Construction, Section B. Storage and Handling. The last paragraph is voided and replaced by the following:

Store all finished signs off the ground and in a vertical position until erected. Store finished sheet-aluminum substrate signs in a weatherproof building. Extruded aluminum and fiberglass substrate signs may be stored outside.

Article 636.3. Construction, Section E. Replacement is supplemented by the following:

Mounting hardware for fiberglass signs will be per the fiberglass substrate manufacturer’s recommendations.

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3-3 636---014 10-08

Article 636.3. Construction, Section H. Documentation is added.

H. Documentation. Provide a notarized original of the Signing Material Statement (Form 2273) with the proper attachments for verification of compliance.

Article 636.5. Payment. The first paragraph is voided and replaced by the following:

The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Aluminum Signs,” “Fiberglass Signs,” “Signs,” “Replacing Existing Aluminum Signs,” “Replacing Existing Fiberglass Signs,” “Refurbishing Aluminum Signs,” or “Refurbishing Fiberglass Signs,” of the type specified.

Article 636.5. Payment, Section B. Replacement is voided and replaced by the following:

B. Replacement. This price is full compensation for: furnishing and installing new aluminum or fiberglass signs and hardware; removal of existing signs; fabrication of sign panels; treatment of sign panels required before application of the background materials; application of the background materials and messages to the sign panels; furnishing and fabricating frames, wind beams, stiffeners, or required joint backing strips; furnishing bolts, rivets, screws, fasteners, clamps, brackets, and sign support connections; assembling and erecting the signs; preparing and cleaning the signs; salvaging and disposing of unsalvageable material; and equipment, materials, labor, tools, and incidentals.

2004 Specifications

SPECIAL PROVISION

672---034

Raised Pavement Markers

For this project, Item 672, “Raised Pavement Markers,” of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby.

Article 672.2. Materials, Section B. Adhesives is supplemented by the following:

• The Contractor may propose alternate adhesive materials for consideration and approval by the Engineer.

Article 672.3. Construction. The sixth paragraph is voided and replaced by the following:

Use the following adhesive materials for placement jiggle bar tile, reflectorized pavement markers, and traffic buttons unless otherwise shown on the plans:

• standard or flexible bituminous adhesive for applications on bituminous pavements.

• epoxy adhesive or flexible bituminous adhesive for applications on hydraulic cement concrete pavements.

Use epoxy adhesive for plowable reflectorized pavement markers.

Article 672.3. Construction is supplemented by the following:

Provide a 30-day performance period that begins the day following written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. This written acceptance does not constitute final acceptance.

Replace all missing, broken or non-reflective RPMs. Visual evaluations will be used for these determinations. Upon request, the Engineer will allow a Contractor representative to accompany the Engineer on these evaluations.

The Engineer may exclude RPMs from the replacement provisions of the performance, provided the Engineer determines that the failure is a result of causes other than defective material or inadequate installation procedures. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and pavement failure.

Replace all missing or non-reflective RPMs identified during the performance period within 30 days after notification. The end of the performance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the performance period.

1-3 672---034 08-08


No additional payment will be made for replacement of RPMs failing to meet the performance requirements.

2-3 672---034 08-08

RPMs INSTALLATION RECORD The 30 day performance period begins the day after written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations.

COUNTY HIGHWAY

CONTROL PROJECT

LIMITS FROM LIMITS TO

MONTH/YR OF INSTALLATION

Contractor signature

Date Department signature

Date

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2004 Specifications

SPECIAL SPECIFICATION 5049

Biodegradable Erosion Control Logs

1. Description. Furnish, install, maintain, and remove biodegradable erosion control logs as shown on the plans or as directed.

2. Materials.

A. Core Material. Furnish core material that is biodegradable or recyclable. Except where specifically called out in plans, material may be compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material. No more than 5% of the material is permitted to escape from the containment mesh. Furnish compost, meeting the requirements of Item 161, “Compost.”

B. 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.

i. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system.

ii. Furnish recyclable containment mesh for temporary installations.

C. 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. 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 control measures used to control sediment in areas of higher flow. Install, align, and locate the biodegradable erosion control logs as specified below, as shown on the plans, or as directed.

A. Anchoring. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events and to the satisfaction of the Engineer and such that flow is not allowed under the logs.

B. Maintenance. Inspect and maintain the biodegradable erosion control logs in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the biodegradable erosion control logs free of accumulated silt, debris, etc., until permanent erosion control features are in place, or the disturbed area has been adequately stabilized. Perform in accordance with Section 506.4.C, “Installation, Maintenance and Removal Work.” Stabilize the areas damaged by the removal process using appropriate methods as approved.

1-2 5049 1-05

2-2 5049 1-05

Repair or replace damaged biodegradable erosion control logs as required and as directed. Temporarily remove and replace biodegradable erosion control logs as required to facilitate work. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. Dispose of sediment and debris at an approved site in a manner that will not contribute to additional siltation.

C. Removal. Remove biodegradable erosion control logs when directed.

4. Measurement. This Item will be measured by the linear foot along the centerline of the top of the control logs.

5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Biodegradable Erosion Control Logs,” of the size specified. This price is full compensation for furnishing, placing, maintaining, temporarily removing and replacing as required to facilitate construction operations, and removing of the biodegradable erosion control logs and for all other materials, labor, tools, equipment, and incidentals.

Removing accumulated sediment deposits, as described under “Maintenance,” will be measured and paid for under Item 506, “Temporary Erosion, Sedimentation, and Environmental Controls.”

Stabilization (as described under “Maintenance”) will be measured and paid for under the various pertinent bid items.

2004 Specifications

SPECIAL SPECIFICATION

5367

Cable Barrier System

1. Description. Furnish and install a cable barrier system and cable barrier terminal sections at the locations shown on the plans.

2. Materials. Furnish a new cable barrier system and cable barrier terminal sections in accordance with the details shown on the plans and on the manufacturer’s shop drawings, or equal as approved. Cable barrier systems approved for use have passed NCHRP 350 of the test level specified (TL-3, TL-4, etc.) with a maximum deflection of 8 ft.

Furnish pre-stretched cable. Furnish Class A concrete in accordance with Item 421, “Hydraulic Cement Concrete.”

Furnish delineators as shown on the plans. and in accordance with Item 658, “Delineator and Object Marker Assemblies.”

3. Construction. Install cable barrier system in accordance with the details, dimensions, and requirements shown on the plans and manufacturer’s recommendations.. Install cable barrier terminal sections in accordance with the details shown on the plans and manufacturer’s recommendations.

Place posts into steel sleeves in a concrete foundation, unless otherwise shown on the plans. Locate terminal sections at locations as shown on the plans. Repair or replace damaged parts immediately. Provide the Engineer with an installation and repair manual specific to the cable barrier system and cable barrier terminal sections.

Locate barrier delineators at a maximum spacing of 100 ft. and according to TxMUTCD or as shown on the plans. Install barrier delineators in accordance with manufacturer’s recommendations.

4. Measurement. This Item will be measured by the foot of cable barrier system and by each cable barrier terminal section installed.

5. Payment. The work performed and the materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Cable Barrier System” of the test level specified (TL-3, TL-4, etc.), “Cable Barrier System” of the test level specified (TL-3, TL-4, etc.) and post spacing specified, and “Cable Barrier Terminal Section” of the test level specified (TL-3, TL-4, etc.). This price is full compensation for furnishing cable barrier system, cable barrier terminal section, concrete, delineators, equipment, labor, tools, and incidentals.

Delineators will not be measured or paid for directly, but will be considered subsidiary to this Item.

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1-2 6834 06-07

2004 Specifications


6834

Portable Changeable Message Sign

1. Description. Furnish, operate, and maintain portable trailer mounted changeable message sign (PCMS) units.

2. Materials. Furnish new or used material in accordance with the requirements of this Item and the details shown on the plans. Provide a self-contained PCMS unit with the following:

Sign controller

Changeable Message Sign

Trailer

Power source

Paint the exterior surfaces of the power supply housing, supports, trailer, and sign with Federal Orange No. 22246 or Federal Yellow No. 13538 of Federal Standard 595b, except paint the sign face assembly flat black.

A. Minimum Luminance Requirements. All PCMS units shall meet the following luminance requirements measured at the character level in candela as is published in Report 4940-2, “Photometric Requirements for Portable Changeable Message Signs,” conducted by the Texas Transportation Institute. Luminance will be tested in accordance with Tex-880.

Minimum Daytime Character Luminance of 4000cd/m2 with a contrast ratio of 5.

Minimum Nighttime Character Luminance of 30/cd/m2.

B. Sign Controller. Provide a controller with permanent storage of a minimum of 75 pre-programmed messages. Provide an external input device for random programming and storage of a minimum of 75 additional messages. Provide a controller capable of displaying up to 3 messages sequentially. Provide a controller with adjustable display rates. Enclose sign controller equipment in a lockable enclosure.

C. Changeable Message Sign. Provide a sign capable of being elevated to at least 7 ft. above the roadway surface from the bottom of the sign. Provide a sign capable of being rotated 360° and secured against movement in any position.

Provide a sign with 3 separate lines of text and 8 characters per line minimum. Provide a minimum 78 in. high x 126 in. wide sign housing. Provide a minimum 18 in. character height. Provide a 5 x 7 character pixel matrix. Provide a message visibility distance of 750 ft. Provide for manual and automatic dimming light sources.

The following are descriptions for 3 screen types of PCMS:

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Character Modular Matrix. This screen type comprises of character blocks.

Continuous Line Matrix. This screen type uses proportionally spaced fonts for each line of text.

Full Matrix. This screen type uses proportionally spaced fonts, varies the height of characters, and displays simple graphics on the entire sign.

D. Trailer. Provide a 2 wheel trailer with square top fenders, 4 leveling jacks, and trailer lights. Do not exceed an overall trailer width of 96 in. Shock mount the electronics and sign assembly.

E. Power Source. Provide a diesel generator, solar powered power source, or both. Provide a backup power source as necessary.

F. Cellular Telephone. When shown on the plans, provide a cellular telephone connection to communicate with the PCMS unit remotely.

3. Construction. Place or relocate PCMS units as shown on the plans or as directed. The plans will show the number of PCMS units needed, for how many days, and for which construction phases.

Maintain the PCMS units in good working condition. Repair damaged or malfunctioning PCMS units as soon as possible. PCMS units will remain the property of the Contractor.

4. Measurement. This Item will be measured by each PCMS or by the day used. All PCMS units shall be set up on a work area and operational before a calendar day can be considered measurable. When measurement by the day is specified, a day shall be measured for each PCMS set up and operational on the worksite.

5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price bid for “Portable Changeable Message Sign.” This price is full compensation for PCMS units; set up; relocating; removing; replacement parts; batteries (when required); fuel, oil, and oil filters (when required); cellular telephone charges (when required); software; and equipment, materials, tools, labor, and incidentals.

1-1 6834--001

09-12

2004 Specifications

SPECIAL PROVISION

TO


6834--001

Portable Changeable Message Sign

For this project, Special Specification Item 6834, “Portable Changeable Message Sign,” is

hereby amended with respect to the clauses cited below, and no other clauses or requirements of

this Item are waived or changed hereby.

Article 2. Materials, Section A. Minimum Luminance Requirements, is voided and not

replaced.

Article 2. Materials, Section C. Changeable Message Sign. The second paragraph is voided

and replaced by the following:

Provide a sign with 3 separate lines of text and 8 characters per line minimum. Provide spacing

between message lines that are between 50 and 75 percent of the letter height. Provide a

minimum 18 in. character height. Provide a 5 x 7 character pixel matrix. Provide a message

legibility distance of 600 ft. for nighttime conditions and 800 ft. for normal daylight conditions.

Provide for manual and automatic dimming light sources.

1

FHWA-1273 -- Revised May 1, 2012

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-1273 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.

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 $10,000, 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

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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

3

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

http://www.fhwa.dot.gov/eforms/

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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 1.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–1321) 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 period 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

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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 http://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.

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(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 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 be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

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.

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d. 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-1273 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 STANDARDS 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.) of 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 subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

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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).

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 T h i s p r o v i s i o n 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 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n 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-1022 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:

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"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. By 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 (https://www.epls.gov/), which is compiled by the General Services Administration.

https://www.epls.gov/

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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

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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). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure 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. 3. 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.

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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS 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 (1c) 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 (1c) 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.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS - 1

DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS

PROJECT: CONTRUCTION OF INTERCHANGE AT RIC WILLIAMSON MEMORIAL

HIGHWAY (RWMH) AND IH-20 CONSISTING OF: GRADING, PAVING, BRIDGE, DRAINAGE, PAVEMENT MARKING AND SIGNING.

HIGHWAY: IH-20 COUNTY: PARKER TXDOT CSJ: 0314 07 040

The following goal for disadvantaged business enterprises is established:

DBE 5%

Certification of DBE Goal Attainment 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 substitute 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 of the proposal. As a result, the bid proposal guarantee of the Bidder will be property of the City and the Bidder will be excluded for rebidding on the project when it is re-advertised.

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046

(See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract a. bid/offer/application a. initial filing

b. grant b. initial award b. material change

c. cooperative agreement c. post-award For Material Change Only:

d. loan year _________ quarter _________

e. loan guarantee date of last report ______________

f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name

and Address of Prime:

Tier ______, if known :

Congressional District, if known : Congressional District, if known :

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable : _____________

8. Federal Action Number, if known : 9. Award Amount, if known :

$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if

( if individual, last name, first name, MI): different from No. 10a )

(last name, first name, MI ):

11. Signature:

Print Name:

Title:

Telephone No.: _______________________

Authorized for Local Reproduction

Standard Form LLL (Rev. 7-97)

Information requested through this form is authorized by title 31 U.S.C. section

1352. This disclosure of lobbying activities is a material representation of fact

upon which reliance was placed by the tier above when this transaction was made

or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This

information will be available for public inspection.

required disclosure shall be subject to a

not more than $100,000 for each such failure.

Prime Subawardee

Federal Use Only:

Date:

who fails to file the Any person

$10,000 and thancivil penalty of not less

4c

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal

action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make

payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof

Congress, or an employeeof a Member of Congress in connectionwith a coveredFederalaction. Completeall items that apply for both the initial filing and material

change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter

the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal

action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification

of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee

of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal

recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For

example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance

(CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;

Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number

assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan

commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting

entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and

Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control

Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is

estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of

information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,

DC 20503.

CHILD SUPPORT STATEMENT FOR THE

TEXAS DEPARTMENT OF TRANSPORTATION

FOR NEGOTIATED CONTRACTS AND GRANTS

Page 1 of 1 Revised 1/08

� Please send this form to Texas Department of Transportation, General Services Division (GSD). � Contract Services Section, 125 E. 11th Street, Austin, Texas 78701-2483.

Under Family Code, Section 231.006, (name of individual)certifies that (name of business) , (vendor #) ,as of (enter date) is eligible to receive a grant, loan, or payment and acknowledges that any 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. This form must be updated whenever any party obtains a 25% ownership interest in the business entity.

Name (please print legibly, if handwritten) Social Security Number

000-00-0000

000-00-0000

000-00-0000

000-00-0000

000-00-0000

000-00-0000

Family Code, Section 231.006, specifies that a child support obligor who is more than thirty (30) days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services; or receive a state-funded grant or loan.

Except as provided by Family Code, Section 231.302(d), 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 provisions of Subchapters A and D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601 et seq. and 651 et seq.)

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.

The Texas Department of Transportation maintains the information collected through this article. With few exceptions, you are entitled on request to be informed about the information that we collect 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 us correct information about you that is incorrect.

Non-Collusion Affidavit and Debarment Certification - 1

Non-Collusion Affidavit and Debarment Certification PROJECT: FOR THE CONTRUCTION OF MISCELLANEOUS WORK CONSISTING OF

PAVEMENT, DRAINAGE, SIGNS, AND PAVEMENT MARKINGS HIGHWAY: IH-20 COUNTY: PARKER TXDOT CSJ: 0314 07 040

INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME OR FOR A CORPERATION The bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, and that the bidder intends to do the work with his own bonafide employees or subcontractors and will not bid for the benefit of another contractor. By submitting this non-collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable.

SIGNATURE OF BIDDER Name of Bidder : _______________________________ Print or type individual name Trading and doing business as ______________________ Print or type firm name Address ________________________________ _____________________________________________ Witness Signature of Bidder, Individually ________________________________ _____________________________________________ Print or type witness’ name Print or type signer’s name If a Corporation affix Corporate Seal

AFFIDAVIT MUST BE NOTARIZED NOTARY SEAL

Subscribed and sworn to before me this the ________day of 20____. _________________________________ Signature of Notary Public