Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 41333
PROJECT MANUAL CITY SECRETARY CONTRACT NO.1- FOR LANCASTER AVENUE PEDESTRIAN BRIDGE IN THE CITY OF FORT WORTH 2010 District: Fort Worth County: Tarrant Project: STP 2008(560)MM CSJ: 0902-48-698 MIKE MONCRIEF MAYOR DALE A.FISSELER, P.E. CITY MANAGER WILLIAM VERKEST, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS ^" PREPARED BY: FREESE O c<'NICHOLS 4055 lntamational Plaza,Suite 200 Fort Worth,TX 76109-4895 Phone:(817)736-7300 Fax:(817)735-7491 .. JUNE 2010 PLEASE DO NOT DISASSEMBLE QF ' MAL RECORD CITY WARY FT. WORTH3 TX M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas RTH CITY COUNCIL AGENDA FflR. COUNCIL ACTION: Approved on 12/7/2010 -Ord. No. 19473-12-2010 & 19474-12-2010 DATE: 12/7/2010 REFERENCE NO.: C-24635 LOG NAME: 80TILLEYBRIDGE CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize the City Manager to Execute a Construction Contract with Rebcon, Inc., in the Amount of$2,403,179.90 for the Construction of the Phyllis J. Tilley Memorial Bridge, Authorize Acceptance of a Monetary Donation in the Amount of$200,000.00 from Streams and Valleys, Inc.,Adopt Ordinance Finding Conditions have Materially Changed so that$50,000.00 in Unspecified Park Development Capital Improvement Program Funds Designated for Use Within Council District 7 Should be Used Towards the Design and Construction of the Phyllis J. Tilley Memorial Bridge and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 7 and 9) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the City Manager to execute a construction contract with Rebcon, Inc., in the amount of $2,403,179.90 for the construction of the Phyllis J. Tilley Memorial Bridge; 2.Authorize acceptance of a monetary donation in the amount of$200,000.00 from Streams and Valleys, Inc.; 3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by the amount of$200,000.00 in the Parks Improvements Fund; and 4.Adopt the attached ordinance finding that conditions have materially changed so that the$50,000.00 in Unspecified Park Development funds from the 2004 Capital Improvement Program (CIP)designated for Council District 7 should be used for the Phyllis J. Tilley Memorial Bridge,which will benefit residents in District 7. DISCUSSION: The purpose of this M&C is to take steps necessary to move forward with the construction of the Phyllis J. Tilley Memorial Bridge. Reprogramming 2004 CIP Funds The "Summary of Proposed Projects" pamphlet distributed to the public in advance of the 2004 CIP election identified proposed projects to be funded under the parks, recreation, and community services ballot proposition. Included among the projects was"General Park Development Unspecified by Council District" which allocated 150,000.00 for parks projects in each Council District." Councilmember Burdette has indicated that he wishes to use the$50,000.00 allocated to District 7 for the proposed pedestrian bridge in Trinity Park,which is located outside Council District 7, but draws citizens from throughout the City. Because the proposed bridge is located within the boundaries of Trinity Park and will integrate into the existing citywide hike and bike trail system, it is the opinion of the Law Department that use of the unspecified park development funds for the pedestrian bridge project is within the voted purposes of the bonds. To summarize, in approving this M&C, Council would be(i)adopting an ordinance that makes a finding that conditions have materially changed so that bond funds designated for use within District 7 should be used for the pedestrian bridge project, which is located outside of the district boundaries but will benefit the residents of District 7; (ii)finding that the proposed project is within the voted purpose of the parks and recreation bonds, and (iii) reprogramming $50,000.00 in General Park Development Unspecified Funds http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14075&councildate=12/7/2010 12/27/2010 M&C Review Page 2 of 3 from the 2004 CIP for use toward the design and construction of the Phyllis J. Tilley Memorial Bridge. Accepting Donation and Authorizing Contract In November 2001, the City was notified that the South of Seventh Street project had been selected for funding under the Transportation -Land Use Joint Venture Grant Program established by the North Central Texas Council of Governments. On January 28, 2003, (M&C C-19453)the City Council approved an Economic Development Program Agreement with So7th, L.P., outlining the proposed expenditures of those funds.A portion of the Federal Grant funds was earmarked for the design and construction of a pedestrian bridge connecting Trinity Park to the Downtown Central Business District. The Texas Department of Transportation (TxDOT)was tasked to administer the Federal Grant funds for the project with a twenty percent local match requirement consisting of a combination of cash and/or land dedication valued at $269,561.00. The combined project funding amount of both Federal and local match totaled$1,347,804.00. In the Fall of 2005, statements of interest were solicited from various firms for the project design. Interviews were held in February 2006 with Freese and Nichols, Inc., (FNI)selected to provide design services for this project. On July 11, 2006, (M&C C-21566)City Council approved award of contract to FNI in the amount of $64,300.00 for the conceptual design. The conceptual design process progressed throughout the Fall of 2006 with the stressed ribbon design being selected as the preferred option by the stakeholders group, which was comprised of representatives from Streams &Valleys, Inc., Tarrant Regional Water District, the Rotary Club of Fort Worth, Pier I, Downtown Fort Worth Initiatives, Inc., Cultural District Development Initiative, Hughs Development/So7th Development and City staff.A public meeting was held in May 2007, for review and comment of the bridge concept design and after receipt of favorable public response, staff entered negotiations with FNI for the final design phase. On November 6, 2007, (M&C C-22510)City Council approved award of contract to FNI in the amount of$348,501.00 for final design. Final design of the pedestrian bridge commenced in early December 2007. On September 29, 2009, (M&C G-16717) the City Council adopted a resolution naming the proposed pedestrian bridge after Phyllis J.Tilley, a founding member of Streams and Valleys, Inc.,for her instrumental role in the planning of recreational opportunities along the Trinity River. On July 27, 2010, (M&C C-24366)City Council authorized the execution of Amendments Nos. 2 and 3 to the Local Project Advanced Funding Agreement with TxDOT which allowed Federal Grant funds in the amount of$1,350,000.00 to be transferred from the Transportation, Community and System Preservation (TCSP)Grant to the Phyllis J.Tilley Memorial Bridge project to reduce an anticipated project funding shortfall. Upon completion of the construction document review process by TxDOT in June 2010, the project was advertised for bid on July 1, 2010 and July 8, 2010 with the following bids received on August 5, 2010: Bidder Base Bid Rebcon, Inc. $2,403,179.90 AUI Contracting, LLC $2,520,511.70 Austin Bridge & Road, LP $2,778,771.00 Earth Builders, LP $3,174,460.30 It is recommended that the Base Bid in the amount of$2,403,179.90 as submitted by Rebcon, Inc., be approved for award of contract. Base Bid work will include the construction of a 12 foot wide by 370 foot long stress steel ribbon concrete deck pedestrian bridge, bridge approaches and lighting and electrical services. A breakout of project funding is as follows: PROJECT AMOUNT PROJECT AMOUNT FUNDING I L EXPENDITURES So7th Grant- !Fslo , 78 243.00 Pedestrian Bridge IF $10 095.00 TxDOT Feasibility Study ' TCSP Grant- TxDOT Grant TxDOT $1,350,000.00 Administration $103,686.00 Streams & Design Administration / http://apps.cfwnet.org/council_packet/mc review.asp?ID=14075&councildate=l2/7/2010 12/27/2010 M&C Review Page 3 of 3 Valleys, Inc. $200,000.00 Bid Advertisement $8,316.88 Donation 2004 CIP CD 7 Unspecified $50,000.00 Design $412,801.00 Funds 2002 CO $200,000.00 Construction $2,403,179.90 2004 CIP TRV $209,335.78 Construction $149.500.00 Contingencies 11 Total 1 $3,087,578.78 Total 11 $3,087,578.78 The annual budget impact associated with this project is estimated at$ 2,500.00. Construction is anticipated to begin in January 2011, and be completed by October 2011. Rebcon, Inc., is in compliance with the City's M/WBE Ordinance by committing to 36 percent participation. The City's goal on this project is 22 percent. The Phyllis J. Tilley Memorial Bridge is located in COUNCIL DISTRICT 9 and serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current capital budget, as appropriated in the Park Improvements Fund and that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 3)C280 488104 801580033580 $200.000.00 1)GR76 541200 080302898010 $607.721.00 3)C280 541600 801580033580 $200.000.00 1)GR76 541200 006302898030 $1.292.355.00 1)C182 541200 080182050010 $200.000.00 1)C280 541600 801580033580 $303.103.90 Submitted for City Manager's Office by: Susan Alanis(8180) Originating Department Head: Richard Zavala(5704) Additional Information Contact: Mike Ficke(5746) ATTACHMENTS 80TILLEYBRIDG AO.doc Finalized Tilley Bridge Finding -Ordinance.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=14075&councildate=12/7/2010 12/27/2010 INA ADDENDUM NO. 1 CITY OF FORT WORTH PARKS AND COMMUNITY SERVICES DEPARTMENT LANCASTER AVE./PHYLLIS J.TILLEY MEMORIAL BRIDGE PROJECT:STP 2008(560)MM CSJ:0902—48-698 MN Issue Date:July 27,2010 This addendum forms part of the Contract Documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this Addendum by signing in the space below and attaching it to the Contract Documents(inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. 1. NOTICE TO BIDDERS—CHANGE bid opening date from July 29,2010 to August 5, 2010. 2. SPECIAL INSTRUCTIONS TO BIDDERS •■ a_ Item No. I-PREOUALIFICATION REOUIREMENTS-DELETE and refer to Notice to Bidders—Item 3.Prime Bidder Qualification Requirements b. Item No.4—Wage Rates and General Notes—City of Fort Worth Highway (Heavy)Construction Prevailing Wage Rates for 2008 Bidders note that the General Notes—City of Fort Worth H ighway(Heavy) Construction Prevailing Wage Rates for 2008 are to be DELETED and use ONLY the Federal Wage Rates .,, c. Item No. 11.—MINORITY AND WOMEN'S BUSINESS ENTERPRISES CLARIFICATION-All documentation is to be submitted to the Department of Transportation and Public Works located on the southeast 2nd floor in City Hall. d. Item Na 12 FINAL PAYMENT ACCEPTANCE AND WARRANTY-ADD the following: h.The Contractor shall be responsible for defects in this projects due to faulty workmanship or materials or both,for a period of two(2)years beginning as of the date that the final punch list has been completed and the project accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the Contractor and the City.The Contractor will be required to replace,at own expense,any part,or all,of this project which becomes defective due to these causes. 3. PROPOSAL ■• a. Page B-1.—ASI ODIFY and ADD the following: FOR: LANCASTER AVE./PHYLLIS J.TILLEY MEMORIAL BRIDGE CONSTRUCTION CSJ 0902–48-698 GR 76 1541600/080302 8980 10(C292/541600/801580003580) I DOE NO. 6510 b. Page B-2 *it N i. Item 161-2014 COMPOST MANUF TOPSOIL(BOS OR PB)(4")– g MODIFY pay quantity to 7308 SY. .. ii. Item 164-2025 CELL FBR MULCH SEED(PERM)(URBAN) (SANDY)–MODIFY pay quantity to 7308 SY. iii. Item 168-2001 VEGETATIVE WATERING–MODIFY pay quantity to 123.0 MG. c. Page BA i. Item 5049-2003 BIODGRD EROSION CONTROL LOGS(12"DIA)– MODIFY pay quantity to 900 LF. 4. PERFORMANCE BOND– REMOVE existing and REPLACE with attached Performance Bond 5. PAYMENT BOND–REMOVE existing and REPLACE with attached Payment Bond. 6. MAINTENANCE BOND–REMOVE existing and REPLACE with attached Maintenance Bond 7. CONSTRUCTION CONTRACT–REMOVE existing and REPLACE with attached Construction Contract 8. TXDOT SPECIAL PROVISIONS a. Special Provision 000-004 Notice of Requirement for Affirmative Action.pg. 5-5 –CLARIFICATION: The City of Fort Worth has established a DBE participation goal of 22%for this project,which supersedes the 18.2%goal listed here for Tarrant County. b. Special Provision 000-1493 Schedule of Liquidated Damages, pg. 1-1: CIIANGE the Amount of Daily Contract Administration Liquidated Damages per Working Day to Calendar Day c. Special Provision 002-017 Instructions to Bidders i. 2.2 Eligibility of Bidders,pg. 1-8-DELETE 7 ii. 2.6 Preparing the Bid,pg.2-8: oil 1� DELETE-"Prepare the bid on the form furnished by the Department. Bid forms may be printed or electrgnic. Informational forms will not be accepted? ADD—"Prepare the bid on the Proposal provided and submit to the Purchasing Department as noted on the Proposal form." iii. 2.6.B.—Electronic Bid Forms,pg.3-8-DELETE iv. 2.8—Bid Guaranty,pg.4-8-Electronic bid bonds will not be accepted v. 2.9.13—Electronically Submitted Bids,pg.5-8-DELETE vi. 2.10.13—Electronically Submitted Bids,pg.5-8—DELETE vii. 2.11.13—Electronically Submitted Bids,pg.5-8—DELETE viii. 2.12—Opening and Reading of Bids,pg.5-8—DELETE"read electronically submitted bids." .� 9. TXDOT SPECIAL SPECIFICATIONS a. Syecial Specification 4488 Stress Ribbon—2.13 Materials,Stress Ribbon Steel— CRANGE"ASTM A 580"to read"ASTM A 852". 10. SHEETS "' a. Sheet 3 i. General Note#5—REPLACE with the following: 5. DIMENSIONS AND QUANTITIES OF REINFORCING STEEL SHOWN ON THE DRAWINGS DO NOT INCLUDE SPLICE LENGTHS OR ADJUSTMENTS FOR BLOCKOUTS. FRI CONTRACTOR SHALL BE RESPONSIBLE FOR DETAILING ALL REINFORCING ON FABRICATOR'S SHOP DRAWINGS,WHICH SHALL BE SUBMITTED FOR REVIEW. ii. Concrete—ADD the following note: 9.REINFORCE ALL PRECAST CONCRETE DECK PANELS WITH i TWO MATS OF#4 AT 12"EACH WAY,2 INCH CLEAR COVER TOP AND BOTTOM.AROUND EACH GUARDRAIL ATTACHMENT PROVIDE 11306"BENT"V"BAR ON TOP OF THE TOP AND BOTTOM MATS. iii. Foundation Note#4—REPLACE with the following: 4. BORING B-2 INDICATES THE PRESENCE OF FAT CLAY (CH, ORANGE BROWN AND LIGHT GRAY). REMOVE FAT CLAY BELOW FOUNDATION ABUTMENTS, BENTS,AND TIE BEAMS AS REQUIRED TO A MAXIMUM DEPTH OF FOUR FEET. EXCAVATED FAT CLAY LOCATED DIRECTLY BELOW FOUNDATION ELEMENTS SHALL BE REPLACED WITH COMPACTED ONSITE LEAN CLAYS(CL,DARK BROWN AND BROWN).REFER TO THE GEOTECHNICAL REPORT AS REQUIRED,EXCAVATED FAT CLAYS SHALL BE USED TO CAP LEAN CLAYS.COMPACT TO 95%MAXIMUM DRY DENSITY PER ASTM D 698(STANDARD PROCTOR),AT—0%TO+3%OF OPTIMUM MOISTURE CONTENT. iv. Structural Steel I. Note 99—ADD the following sentence at the beginning: PROVIDE ALL REQUIRED ACCESS AND 48 HOUR NOTIFICATION TO THE OWNER IN ORDER THAT THE OWNER MAY PERFORM THE FOLLOWING WELD "* INSPECTIONS. 2. CLARIFICATION—All welds of stress ribbon to be full penetration welds as the ribbons are fully stressed in tension. Welds of the stress ribbon are to be ground smooth. v. Construction and Ribbon Stressing Sequence I. CLARIFICATION—Drill holes in stress ribbons in the un- stressed state. The overall elongation of the ribbons is 2—3 ®.+ inches on each side of the arch. This leads to elongation of the stress ribbon between holes of a single panel as shown below: West of Arch Centerline +0.023in between holes of single panel East of Arch Centerline +0.022in between holes of single panel 2. REPLACE entire notes section with the following: I.CONSTRUCT FOUNDATIONS. 2.SURVEY BRIDGE ABUTMENTS AND BENTS. EACH POINT INITIALLY SURVEYED SHALL BE RESURVEYED THROUGHOUT THE ENTIRE PROJECT AS NOTED BELOW.AT AM INIMUM PROVIDE 10 POINTS: ONE AT EACH BACK CORNER OF EACH ABUTMENT,TWO AT EACH UPPER EDGE OF EACH BENT,AND ONE AT THE PEAK OF EACH ARCH. PROVIDE ADDITIONAL POINTS ., AS REQUIRED TO VERIFY THAT PROJECT REQUIREMENTS/TOLERANCES ARE BEING MET. 3.LIFT ARCH INTO PLACE AND FASTEN TO BENT#2 +� AND BENT#3. STRESS ANCHOR RODS TO THE LOAD SPECIFIED. RESURVEY ALL POINTS. PLACE STRESS RIBBONS OVER ARCHES AND ABUTMENTS. TENSION BOTH RIBBONS SIMULTANEOUSLY ACCORDING TO THE TABLE BELOW. SURVEY THE GEOMETRY FOR THE VALUES SHOWN BELOW AND IN THE DRAWINGS. REPORT DISCREPANCIES TO THE ENGINEER. STRESS BOTH RIBBONS SIMULTANTEOUSLY. West Side East Side Before Deck Placement Tension(kip) 390-430 510-560 1 Delta Z(in) +20.Oin at 7011 from +10.9in at 53ft axis t from axis 5 After Deck Placement Tension(kip) 925- 1020 880-970 Geometry According to Drawings 5.INSTALL PRECAST CONCRETE DECK PANELS. START THE INSTALLATION OF THE PANELS AT THE CENTER OF EACH SPAN,EACH SIDE OF THE ARCH. PLACE PANELS ON EACH SPAN SIMULTANEOULSY. PLACEMENT SHALL PROCEED EQUALLY OUT FROM EACH SIDE OF EACH SPAN CENTERLINE. RESURVEY ALL POINTS. ADDITIONALLY,SURVEY THE TOP OF DECK AS REQUIRED TO VERIFY THE 5%MAXIMUM w SLOPE AS SHOWN ON SHEET 19. 6.INSTALL HANDRAIL AND CABLING. RESURVEY ALL POINTS. ADDITIONALLY,SURVEY THE TOP OF DECK AS REQUIRED TO VERIFY THE 5%MAXIMUM SLOPE AS SHOWN ON SHEET 19. 7.VERIFY THAT DECK CURVATURE 1S EQUAL TO OR LESS THAN THE 5%MAXIMUM SLOPE SPECIFIED. PROVIDE ADDITIONAL STRESSING AS REQUIRED TO MELT 5%MAXIMUM SLOPE REQUIREMENT. ANY ADDITIONAL STRESSING REQUIRED SHALL NOT EXCEED 15%. 8.1F ALTERNATE SEQUENCING PROCEDURE IS DESIRED,THEN SUBMIT FOR APPROVAL PRIOR TO FABRICATION OR CONSTRUCTION. 9.ONE YEAR AFTER OPENING THE BRIDGE FOR PUBLIC USE,RESURVEY ALL POINTS AND SURVEY THE DECK PROFILE AS REQUIRED TO VERIFY THE DECK SLOPE. SUBMIT FOR REVIEW. RESTRESSING OF THE RIBBONS MAY BE REQUIRED. IF RESTRESSING IS REQUIRED,THEN REMOVAL AND REPLACMENT OF BRIDGE APPROACH SLABS WILL BE REQUIRED. ori. Structural Coating 1. Note#3—REPLACE with the following: tl� 3.THE COATING CORROSION WARRANTY SHALL BE TO A MAXIMUM ALLOWABLE BREAKDOWN OF R12 AS DEFINED IN THE APPROPRIATE ISO STANDARD AND BE IN PLACE FOR 10 YEARS. THE COATING WARRANTY IS ONLY REQUIRED FOR THE MATERIAL. 2. Note#10—REPLACE with the following: 10. ALL BOLTS TRANSPORTED TO THE SITE MUST INCLUDE CORROSION PROTECTION. PER AISC, GALVANIZING OF A490 BOLTS IS NOT PERMITTED. CORROSION PROTECTION OF A490 BOLTS PERMITTED BY: 1. TWO-LAYER EPDXY COATING(PENDING PROCESS APPROVAL),OR BY 2. DACROMET COATING PER ASTM Fl 136 3. Note#12c—ADD the following: FINAL COATING SHALL BE APPLIED ON-SITE IN ORDER TO ADEQUATELY COVER FIELD WELDS. 4. ADD the following notes: 13. ALL SURFACE FINISHES FOR CONCRETE SHALL BE IN ACCORDANCE WITH TXDOT SPECIFICATION ITEM 427 EXCEPT AS MODIFIED BY THESE NOTES. ,. 14. WALKING SURFACE OF APPROACH SLABS AND PRE-FABRICATED DECK UNITS SHALL HAVE A LIGHT BROOM FINISH AND NO OTHER COATING. 15. CONCRETE RIPRAP SHALL HAVE A LIGHT BROOM FINISH AND A CONCRETE PAINT%HEAVY STAIN. COLOR SHALL BE FEDERAL STANDARD COLOR 37778. 16. ALL OTHER CONCRETE SURFACE AREAS EXPOSED TO VIEW(INCLUDING SIDES OF ABUTMENTS AND ■rr .r STEEL ARCH CONCRETE FOUNDATIONS TO 12"BELOW .. FINISHED GRADE,EXPOSED ENDS OF PRE- FABRICATED DECK UNITS,AND ENTIRE UNDERSIDE OF PRE-FABRICATED DECK UNITS)SHALL HAVE AN OFF-THE-FORM SURFACE FINISH AND BE COATED WITH A CONCRETE PAINT/HEAVY STAIN. COLOR SHALL BE FEDERAL STANDARD COLOR 27875. 17. CONCRETE PAINT/HEAVY STAIN SHALL BE SHERWIN-WILLIAMS"BRIDGE AND HIGHWAY WB CONCRETE PAINTIHEAVY STAIN B97-300 SERIES"OR EQUIVALENT AS APPROVED IN WRITING BY ENGINEER. 18. APPLY CONCRETE PAINT/HEAVY STAIN COATING ON A DRY SURFACE IN TWO(2)FULL COATS EACH AND AT A RATE AND MANNER AS SPECIFIED BY MANUFACTURER. DO NOT THIN MATERIAL UNLESS RECOMMENDED BY MANUFACTURER AND APPROVED IN WRITING BY ENGINEER. APPLY WHEN AMBIENT TEMPERATURE IS IN RANGE SPECIFIED BY MANUFACTURER. 19. FINAL PAINT COLOR OF STEEL ARCHES AND STRESS RIBBONS SHALL BE FEDERAL STANDARD COLOR 27925. FINAL COATING SHALL BE APPLIED ON- SITE IN ORDER TO ADQUATELY COVER FIELD WELDS. +. b. Sheet 4 i. Item 161-2014 COMPOST MANUF TOPSOIL(BOS OR PB)(4")— .. MODIFY pay quantity to 7308 SY. ii. Item 164-2025 CELL FBR MULCH SEED(PERM)(URBAN) (SANDY)—MODIFY pay quantity to 7308 SY. iii. Item 168-2001 VEGETATIVE WATERING—MODIFY pay quantity to 123.0 MG. iv. Item 5049-2003 BIODGRD EROSION CONTROL LOGS(12"DIA)— MODIFY pay quantity to 900 LF. c. Sheet 5 i. Extend allowable temporary construction area on the east bank of the river to include additional 917 SY south of the parking lot,west of Forest Park Blvd. ii. ADD Note#5 as follows: 5. PROTECT EXISTING TREES FROM DAMAGE. d. Sheet 11,Section 2 Notes,Note 92—REPLACE with the following: 2.AFTER COMPLETION OF STRESSING RIBBONS,PROTECT RIBBON TAIL WITH TYPICAL COATING SYSTEM. PROVIDE CEMENT BOARD SEALED TO OUTSIDE FACE OF ABUTMENT TO PREVENT BACKFILL MATERIAL FROM ENTERING STRESS RIBBON ANCHORAGE. BACKFILL AROUND RIBBON TAIL AS REQUIRED WITH SAND FOR ii EASE OF FUTURE ACCESS. e. Sheet } Section i —MODIFY Rebar coupler note at top of 30"diameter post- tensioned pier as follows: f MECHANICAL SPLICE PER ACI 318(AS REQ'D) f: Sheet 15<Section 2 Notes,Note 92—REPLACE with the following: 2.AFTER COMPLETION OF STRESSING RIBBONS,PROTECT RIBBON TAIL WITH TYPICAL COATING SYSTEM. PROVIDE CEMENT BOARD SEALED TO OUTSIDE FACE OF ABUTMENT TO PREVENT BACKFILL MATERIAL FROM ENTERING STRESS RIBBON ANCHORAGE. BACKFILL AROUND RIBBON TAIL AS REQUIRED WITH SAND FOR EASE OF FUTURE ACCESS. g. Sheet 16,Section I —MODIFY Rebar coupler note at top of 30"diameter post- tensioned pier as follows: MECHANICAL SPLICE PER ACI 318(AS REQ'D) h. Sheet 19,Plan View—REPLACE"anti-slip coating"with"light broom finish" i. Sheets 32—34—CLARIFICATION—Cast joint between precast panels is to be created using Sika Level 340 or equivalent. Prepare surfaces per manufacturers recommendation. Joint is to bind to one panel only. Insert foil against surface of opposite panel to prevent cracking. j. Sheet 33,Prefabricated Deck Detail-REPLACE"anti-slip coating"with"light broom finish" k. Sheet 40—CLARIFICATION—The existing City electric metering point is located approximately 30 feet from the nearest railroad track. The City will w provide train traffic information upon request. I. Sheet 41 —CLARIFICATION—The 1"lighting conduit running down the center of the bridge may be accessed by drilling through the arch. A second conduit will not be added. 11. CLARIFICATIONS a. All documentation for this project is to be submitted to the Department of Transportation and Public Works located on the southeast 2"d floor in City Hall. b. City building permits kiill be required. Fees will be waived. c. Construction inspection will be performed by City staff. ■w d. Inspection of welds and coatings will be provided by the Owner. e. The pre-construction conference will be held approximately three(3)months rifler hid opening. f. Electronic CADD files will be provided to the Contractor by the Engineer after �.. bid award for use in designing forms. g. Surveyor must be licensed in the State of Texas. �. h. Welders must be certified. w All other provisions of the contract documents,plans and specifications shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: William A.Verkest, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS �.. By: DEPARTMENT lZoLof CG�7i�c�A By: Company: 1 �. Mike Ficke, RLA ® Parks and Community Services Dept. o rFq JOHN F. DEWAR 80059 .. .......... N � PROJECT MANUAL FOR LANCASTER AVENUE PEDESTRIAN BRIDGE IN THE CITY OF FORT WORTH 2010 District: Fort Worth County: Tarrant Project: STP 2008(560)MM CSJ: 0902-48-698 MIKE MONCRIEF MAYOR i C'J�Q,®m®meooeo®o�m 00 DALE A. FISSELER, P.E. CITYMANAGER i*�®mmmommmmmma®®mmmme ®*i / JOHN F. DEWAR / / mmmsoemomom00000000000o a/ WILLIAM VERKEST,P.E. �om�80059 DIRECTOR, ���,ss ce s T TRANSPORTATION AND PUBLIC WORKS 1`ONA PREPARED BY: —Z S-/v FREESE A D NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 mae. FREESE l '<PJ ICH0LS 4055 International Plaza,Suite 200 Fort Worth,TX 76109-4895 Phone: (817)735-7300 Fax: (817)735-7491 JUNE 2010 PLEASE DO NOT DISASSEMBLE TABLE OF CONTENTS PART A NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS PART B DISADVANTAGED BUSINESS ENTERPRISE SPECIFICATIONS PROPOSAL PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW m EXPERIENCE RECORD EQUIPMENT SCHEDULE F PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND STATEMENT OF RESIDENCY CHILD SUPPORT STATEMENT PART G CONTRACT PART H SPECIFICATION LIST TXDOT GENERAL NOTES TXDOT SPECIAL PROVISIONS TXDOT SPECIAL SPECIFICATIONS USDOT SPECIAL PROVISIONS APPENDIX A LOCAL GOVERNMENT PROJECT PROJECT PRODEDURES (CONTRACT COMPONENTS) PART A NOTICE TO BIDDERS NOTICE TO BIDDERS _ Sealed Proposals for the following: (Project) Lancaster Ave. / Phyllis J. Tilley Memorial Bridge Construction PROJECT NO. GR76/080302898010 (C292 /541600/801580003580) TPW NO. 6510 Addressed to the City of Fort Worth, Purchasing Division, 1000 Throckmorton Street, Fort Worth, Texas 76102-6311 and received at the Purchasing Office until 1:30 p.m., Thurs., Ju� , 2010 and then publicly opened and read aloud at 2:00 p.m. in Council Chambers 2" floor— N.E. corner of City Hall. Contract documents, including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing/and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed and printed by interested contractor and /or suppliers. Hard copies of plans and contract documents are available at the office of the design engineer, Freese & Nichols, Inc., at 4055 International Plaza, Suite 200 at a cost of $80.00 per plan set (non refundable). Please contact Mark McCoy,P,E. at 817-735-7479 for assistance. 1. Wage Rates: All Bidders will be required to comply with Provision 5159a of"Vernon's _ Annotated Civil Statutes" of the State of Texas with respect to the payment of the prevailing wage rates, and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code, Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 2. Disadvantaged Business Enterprise Participation Goals: In accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. A copy of the Ordinance can be obtained from the M/WBE Office or from the Office of the City Secretary. The bidder shall submit the DBE UTILIZATION FORM, SUBCONTRACTOR / SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM and /or the JOINT VENTURE FORM ("Documentation) as appropriate and must be received no later than 5:00 P.M., five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder (a) shall submit documentation at the reception area of the managing department, Department of Engineering, 2nd floor, City Hall, and shall obtain a receipt in person. Such receipt shall be evidence that the documentation was received by the City. (b) Electronic submittal of DBE documentation will not be accepted. Failure to comply with (a) and (b) shall render the bid non=responsive. The following list is provided to assist bidders in obtaining the services of DBE vendors qualified to provide such services/materials for this project. A listing of qualified DBE vendors may be obtained at the City of Fort Worth M/WBE office, 3rd floor City Hall. Services/materials for this project are as follows: demolition/site prep clearing/grubbing grading/earthwork bridge construction concrete seeding steel rebar earthwork asphalt electrical The City's minimum DBE goal on this project is 22 % of the total dollar value of this contract. 3. Prime Bidder Qualification Requirements: The City will evaluate all submitted bids based on criteria and qualifications to determine award of contract as noted in Item 14. - Bidder's Statement Of Qualifications—Special Instructions To Bidders, and upon receipt of Bidder's Statement Of Qualifications form included in this construction document. In general: • The Prime Bidder, as general contractor or sub-contractor, must demonstrate similar project scope experience on three (3) projects within the last three (3) years. All subcontractors intended for use on this project shall also demonstrate similar project scope experience necessary to successfully perform on their respective portion of work on this project. • The Prime Bidder must provide a list the surety company(s) which issued bonds for projects listed above. Additionally, the Prime bidder shall list the surety - company intended for use on this project. • The Prime Bidder must submit a current certified financial statement prepared by -s an independent Certified Public Accountant. • The Prime Bidder shall perform work its own organization and with the assistance of work crews under its superintendence work of a value not less than fifty percent (50%) of the project scope of work as per Section 8.1 of the standard specifications for Street and Storm Drain Construction for the City of Fort worth. Bidder's Qualifications are to be submitted and received by the Parks and Community Service Department Project Manager no later than 5:00 P.M., five (5) City business „ days after the bid opening date, exclusive of the bid opening date. 4. Bid Addendum: Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. All addenda will be made available on-line with the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line (on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the bidding contractor's sole responsibility to verify they have received and considered addenda prior to submitting a bid. 5. Pre— Bid Conference: An optional pre-bid conference will be held with prospective bidders at the Parks and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499, Conference Room #2 on July 15, 2010 at 9:00 a.m. 6. Award of Contract The City reserves the right to reject any or all bids and waive any or all formalities. The City will award one contract with a combination of base bids and/or alternates which is most advantageous to the City. No bid may be withdrawn until the expiration of 70 calendar days from the day bids are opened. The award of contract, if made, will be within 70 calendar days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom the contract will be awarded. RICHARD ZAVALA, DIRECTOR DALE A.FISSELER, P.E. PARKS AND COMMUNITY SERVICES DEPARTMENT CITY MANAGER MARTY HENDRIX CITY SECRETARY By: Mike Ficke Project Manager (817) 871-5746 mike.ficke@fortworthgov.org Advertisement Dates: Thursday July 1, 2010 Thursday July 8, 2010 SPECIAL INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFIC ION REQUIREMENTS: All contractors submitting bids are required to be prequa/lifiedthe Fart Worth Water Department prior to submitting bids. This prequaprocess will establish a bid limit based on a technical evaluation and financiis of.Ae contractor. It is the bidder's responsibility to submit the following docum 9,"current finAncial statement, an acceptable experience record, ari acceptable equipment schedule and any` other docu�ents the Department may deem necessary, to fie Director of`the Water Department at reast seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City SPECIAL INSTRUCTIONS TO BIDDERS upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Gover-Bidders note that the General Not=—City of Fort Worth Highway(Heavy) .rmined by the City C Construction Prevailing,Waze Rates for 2008 are to be DELETED and use ami dance with Chap, ONLY the Federal Wage Rates re included in these (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a TxDOT prequalified Contractor in the State of Texas. 7, NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. SPECIAL INSTRUCTIONS TO BIDDERS The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply - with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11, MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. SPECIAL INSTRUCTIONS TO BIDDERS Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 12. FINAL PAYMENT, ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay m period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 13. h.The Contraetor shall be responsible for defects in this projts due to faulty workmanship or materials or both,for a period of hyo(_ 2_ ) ecyett inning as of project. Federal the date that the final punch list has been completed and the project accepted by the City as of the date the final punch list has bstances, different een completed,as evidenced written statement signed by the Contractor and the City. The Contractor will be es federal or required to replace,at own expense,any part,or all,of this project which federal and state becomes defective due to these causes, tate requirements will prevai t between federal and state requirements, federal requirements will prevail for those contracts involving federal funds. Contracts for projects on the state highway system funded entirely with local funds not deposited in the state treasury and where work is performed by the LG are subject to TxDOT design requirements and local contracting requirements (i.e. Texas Local Government Code, county and municipal requirements, etc.) Please be aware that some of these federal or state requirements may affect the development of technical requirements or additional requirements associated with an individual project. ?�\�»© <ƒdR«.�>�m . §�\ � : » \� � . \ � � � . \ ��\� "\\� � � � . � � � ° � � y\ , � w\\ �^ � � ` . 2 »�� « </§ 2: z «/ � ^^~ � ~ ©\ \ . - . : « . ��:\< �� � � \\ � � \�� \\ � � , /\ . , � , � � > \ ? © ? . § » � � . � \ . . � ^ � . / � � ° \7/©©/2 � . . � � . ��\« \»/\\/\ «: «2.y . �\\\ � � ©%° �w: „ /. \\ d ®^ � . y} »« : � � � � � � 2 ^�\ y « . .�_ ©\%»%a§ . \ . \�y/; . . \ ^�\ ��» �� � ��� \\ . \ ° 2/\�© � � . � � ' � « � � : c . � \» . < � \d' \\ � � � \ � ° � � » d/ � < �\ � . » ° . ��/ ��«»z\ � � . 2� � � � . \«� � � \. . � � `r' \ ©� � � ° � � 2 . . » . 2� ~ . . 2 . . . . � :� � ��\ \\ % � . � � � � � . \,�y} � . � ` . :�� \\, » ���� � �\�� ° » � : � � � � \ ~ � ; w �/, § � . /» . \�/« ° . MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS UA LJ FORT WORTH l City of Fort Worth WDisadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS WAPPLICATION OF POLICY If ane fotaF dol�at Vaiue o the cotfact� $25,OQO cr mora;ifh RUN ap�ticable I that tote(dollar,vaiu of ,. ,,., rc,.,_ ,,: ..>..�EN ? o n•.,... c�e;°g,x, ..... . _...;n. !,,....x, ,.._ .. s z. .,a.e ... .., k 1rai5.NakT, the':contracf is Iess;tltin.$2 ,gb0,}ha'bEy oaj`t.;nso 'appfica6,(e :.... . .. .' W. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business LJ Enterprises(DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage LiBusiness Enterprise Program apply to this bid. _ DBE PROJECT GOALS The City's DBE goal on this project is 22 %of the base bid value of the contract. WCOMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more,bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal,or; 2. Good Faith Effort documentation,or: ' I 3. Waiver documentation,or; L1 4. Joint Venture. LJ SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department within the following Mmes allocated in order for the entire bid to be considered responsive to the specifications. )3eraar ally live h A B c�cctnenFatrcar,tt� Liperson to#tre appcoprat eye pf the g�n { art cl 0btaln a siat�rr=cespt � cerpt.sha31 F" evrienu that tl C ty recer�dlttrlvcxsrnentatrcr; e tis allocafe .fr= gwsp dill^a# ceted; 1. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid goal is met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p:m., five (5) City business days after the bid Utilization Form,if participation is opening date,exclusive of the bid opening date. less than statedgoal: 3. Good Faith Effort Form, if no received by 5:00 p.m., five (5) City business days after the bid — participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid o enin9 date,exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date,exclusive of the bid opening date. WL FAILURE TO,COMPLY WITH TIE CiTY'S,DBE PROGRA1Nr WILf;,RESULT;fN THE BiD BEING EON$IDERt(7,N -NS Em0l- PE:CIF,(ATIONS...,. r Any questions,please contact the M/WBE Office at(8171392-6104. Rev. 11/11/05 r Q M > C O ta. L L , i 3 r, m �' y a' c o F.. O mOR �•� P Ta W d x U•r•C,, UD ,C R �a �•y 7 R.: O W m tl.m C mc O ++ ca m y VCO CL O L R C m C �, U ttc w N O E U = a Cmu c a Q O C me «. E m �- Vic . d — 3 n°s c o m N y m ami m � Ldoct Sol- � t- a;a) '�w. ; , to m . NEO U CL u): mew r OY m w �+ V a . y m !L 0c% U y m y d:: i !O W e 'O m y ar a :am L ca N Cm w e m S a a1 m _ � .w ,4 O L R ' af0'w ON C Nt a U C. L L W NEL= m m ` m ea M C V L E E mm c m�a ° H0) EQ O 'D m O L�4-0 uj ~ r w U3 OE a Oaaay Cp pp V� ' V ❑ m H y m 'y - .Q• L. L_ o _'>m �a cram n� o �m'3 I y' NSU c N m �_�; LLQ! a s = c asp `L°t' a E.0 d �•ar.� aao � c�; +' o � � a0 .0 mmm d mEo EY O mO.mcaR .0O a i W I m N L C O 0. 4a7 U H ! O.'Gf O :Gyf y . cCE Nm ym a) d �:.. r .0s`Od CLL' C C� O aC C. d rw . Hy 0xocm � ccoa70 `OL3 C °' L L C - y :7 C O .V L' m ,U m'a E O v 7�U i C m: C C .>,r: 3' U: v.•<a•.o 0 i1 7 - u� m C m 3 i O �. '.- a"m c m i C L O fl ❑`a a R o o r _ .Ta o c ao y Vww. � -� W 0 _ N y c m m m Q i '- 1-- m m Q x a L o m 4? m p . w CC O:. O c 3 y 'a W fDD m -� y C c �' y 7 LCy a- eo O 4) 4) d w0 cd m' W U'�<>_ O O � (� a ap 'C N cp O L m— p •d ++ aL+Co L'a1 v y +' E=.m 7r� O £ .0 to a .E y;d R O 3 Q y 'a _ L Q 3 m E c0 R,� w V e m b w co y i w C t CO y :C. W a 'o "a ayi' 0--cu o c.Im 0 �"a Yp 3 d:ami R w 'a' r :E c U N G1 N m r. L Q U m Y m y 'U C C L N't i �. _ > C yyOL LC.� Ck LO m +' C +' : .. = a) 0 y;U,C. d R t ea U 'O G C rC- R Ca C m fid. __ ++ :. O a L «` O 3 O O y c O 7 aY ca �' 3 y �+ N S y U 1 R O O m n �' T•a :O Z7 .m r• L fl m C.L... m: w.a ��L'.L Q 7.' aT :. ca U .0 'L •,fj�: m •L y fif � CO) 0 7 (? w y >. W m O 0. O C):C C U y ... O: �, m R C m Qp Hl a o c tsm Uw rn to L E ¢pM 43 c d y e ++ o +�f- p 4)LU m R " 0 m m U' a c C+` O Oa. >Q O. �a � o Um L C �( Q C C >'� y'C,,, tei a`:C y l6. y o m .y .RC �•❑ : > S M �V C` N m C) >. m V N y O m m O wL Cf p O 7 L m — d -A Q'3 °: mmptu.3C -' .. toaw + c"' F- cn R �' ''' +-' U a L 't •a C .ca `- ca C �,, a m L .N o m R N N +�+ �: p d m C y- m m Q U p N o arc a `= ay 'O ?'o y > > � m 3 c�a H mr 'o c w w n R O.o L w In C R a` c C �: r O G ..tA = C m. O z'R m m W •3 moa." n � mL cc am a� ym m,m 3 Y 0 0 C L alt y y p C 'y O OL'N i. 1.. 1, o w_(a n V U 0, ea.C O ,N w. w' N .� rl H O CL m N;3 y a1 C fwA m G. y^. N W W W N 3 a y = C C CO 3. Q�0 fl•_C N y Q.m fA a d a I . QL m a l a Lyo d a y E. " i ns a'm y o > -�a Z +�+ � � ymco ° �-d Amo 7° c�oyc�i ccc me (n W d �:.='p: L d a)C w.C. C S::= a .0 = y O V R gip. Z W m W O'+' .a7 of� m a.'.-, V O tl W Q, w, N L C a+. R y R_:Q7 C a m: Q m d df Q U m L O L C _ m L m C t 2 z z cin ` 0. 4)um y� c a ��a. a'L � :3.� � om > `r �G1 , C 'a co w 'S -� O .. .y,. a m a) y c0 .N 'C W ' r fA L._ CO C -oa .�y �U�' m O. a> :a ar.d C O •a 0 `m:. Lu U) � ayi.. ML 0 Q. O }-• p y O J 4. C s. _a> U �+ y O ;i r+ O'`0 rQ a a a r.. M a co C ... 4-- i M IZ N U c v� Q N .... U a w t t� N W) t{') N 1n b N W) �? N 41).r V 4-0 4.). 41). 64). � 4 49 � C 49 64). C F = J � ° y y s O � Z 04 N OE ° IR 'n N a a � mv c E E E w o I a o A LU I ( �Z ! ZZ m e Z� II -oaS a W W Im co LU � � Occ SwO ` EwO - !L- W- W O U } UzF-O UzF- Og >- Uz�O � v W � - iCL r a CL cn d 7 LU Im 0 -�- 0. w Z ,Q 0- O o d p al to m d q LL ' e` LL 0 �- 10 Vo °t b M a- H LL to 3 oo c- W o. LU L J ° a o� F ° F ° F ° F- 3 ? 3 ? � o 0 0 0 0 0 LLI U) d Z m d 2 d 2 4) a W F- tH F- tH F- tH �- �► U) .2 a ° Cl) o s � +. LLw LU IL O _ U w � � r o 3 y n g X 114 � d � "to:3 v � � 1M�•� 'd 00 X 7 /� 9 z N M to V\do�" c r' = s °a to-- v c .N 5- ti-%or- U) u O x w O ..=M O g�g �-.a► t� o e q ° .°n a m x Nom'_ 3 �. s , s 4 C^'� ti 3 � a o. a ti �N ten' Z V IL F r N d d s d �` R d d d d d d �� ' d i .� L ' _ L = L V ZsmEom V Eo c�a �a.,psccEo ��� E ° �Q Z a n. wwUZ a� n. U. w0Z a a � wUZ a au. wU n _ ¢ c') cc o o 0 3 c z M m h L11 � � U) p 43 tS9 in cts O > a rs; 4a z C7 641, 0ID C 441, CC 0 C9. L ¢ p?h t Y r s Y r o U 11 r (� Z w H C 2 H C '� C� - �-..-CL � dQ w d7 EH Ln 44 E d7 fR fR C n I I I I I I II0 0 = s LL ~ w I Ho I � o zs0 O o g Z m I lao z m { 1ar t7 U 4- w � I aQ `° aQ 103AiL) `o waH = Q N � �_ NEX os m >a Q w d dUxr � d (1) X -- O UzF-O R UzF- O : C� L ur LL W T c' z ri v d � � 'd a..J rC~ a Q - V L :r a m N Z � ) i li O+►6 L o ° w cT E O O Q'Ix E ,,,�t Qf Z T O v V O 0QwX. w Q v! � � Z� � L .. � ' ~O = co F-• F— N- •� a t E �v r, � Z win o a Uc. w OO w a CL a LL 0 1 a D Y 3 o a >- o •� r � � 3 a ron V O O 0Y0 p W w m a °' LL a � � i- � J } O O b'ar. N U. O 0 O W c a T a o' a o V > w U51 0 Z f- - a m 3 .L� c ❑ � rU) � = o 0W Nod ~ �. J UJ d L uj (p 0 W 0 LOL `N C� O 0 L'0 O ,V- t� •� V� za `� y a Q (nz = _ C= m m obi E c°v LU p O O C==am,a C, tnI--'10 N a � � N L 3 0 -1 .a v z N L, fn N ++ N a+ = v C' •�. "`tii IC b) U) N ai 'M N ai , O i O C m ++ t `N 'C L W E O cc m t W E O �_''0 0 z Q aLLwUz Q aLLwU i Q ch m .°+ H 06 y Q 561z+ Cl) Z r O ,y.�d. ,Q C7 G/ �, CD N:`O a ggp :c z Six ACH CL 1" \= OU ° N � C � Q ME a Q W Q y a 41 R 3 � co e, � '� w !E4 C y m ❑ �' 471 y O .ti V to Vl '.O ° 40 c y,',°. ::� c Luy p o Oo .+ Oeaccc ° m .y psry O to r3 yam.. U ,;0, c O Q� Wto .CT 4:: ear C pl c ar. r .a+ D r t E � CO A . +• w Seib CD cu O "O w G y W r+ Cay ~ '_ ;~ r. 0 FLcc s w "w�" Qtr w ecd Ui. t6upp C C lu i C N � d Q E L' '� ca csc4-gym � ', a ° LL =EMT 10MI4 LL 0 4'L�7,,W ,- X47 j O F H w ,o y3 a, c� c. . c � 0 a s U D fA 'C.[a p m stm1y. Qk; r+ C1 O:C) � w 6fN w C .ra, y �rkO� _ Q LU 41 C y C U wA. O, Vi °; .i SIAa=. Z LU 0 .Z W m W �-.Nf a�, 3 }- y,a'- U C i e 7 O v +°+a Q : p F+ v ti C O O T Q] a+ Z Z U U V W Wcu y V [] } y K O O G 'ca' C sy Om-3 G: i �'C:m' i dY 0 a a a a ar ss F— y. y•«.x3.;3' .r Q Cl) O r r- O O F2 N w N oj N y. V ia Laoa- w N N2to o L9) o L Q ci w wW WH Hw7H H H w H Jc w $ A c w $ A c $ $ eca c w $ cc .' Q O N W Z W H o c H c c y o c o 2 c d a w m w w E J! w w E m w w E w w E Q w -' V 0 ZI m I lam 'Z, m �I 1 a z°I m I l a a z°� m I I a C W u u u u V u'{L I NUI_' Im I Gi U�-- 1,9 m I Gi C IfL I 2() -' m i 1C F- t W0 LD . �0 Lo E:IXO Lo it Lc L a.+ It d d U x w m y d U X w w y d U x w w y m U x w " U) O U UZI-'O UZI-' O w UZI-'O w UZI-' O ci W FA �,L a CL�- a N v� c coN F.. Z m � a h w c 0 a' Z CL 00 w m LL, m c 0 s O I--,- V �- O 'S d V D Cl) IOL S 2 W = w o a U) �- o a o o 0 p ~ o 0 o 0 o 0 c O W U) N N @ N _ T a C a ; a a a U �. (n m i CL O. 7 U) O U-to v OW .`. W J ti C rn a to S 3 w o a-j r x w0 ^� 0 0 0 0 z� �0-� N^. d . . m H a a a J/ U N ` a+ N r+ N 4+ N ++ }it Y V C r w C •y. � C .� *Cc- I- C +y+ d —mmEo m t � EO tcxvEo � °a= � Eo cLi Z a awwUZ Q ILLLw0Z Q awLLI0z Q au. Lu0 i co o SO 0 ucr) 41 lO o m _ to Qp v o c v p J U a t Lf) w U)Cp NCD 40,% w K R Z cc 0 cc cc 0Z or rt. Yo rL. C ` 3 LU Z W c C c o a a CQw d w w E d w w E mom ` . V O4 m O O w C 2 � a _`o o O 0 z m ,+, ++ ~ 0 I T ' I a G T I I ae v L r w� ZI m l y ZI m t mo t- to (n (0) 0 oz 0zHO: L 0 �O LL L " dO z �4 co - � w - Ate,] H xrx m s y o 2 NZ V Q00 LL d C C O �.. � Z a mL O a v a w o o. LLQ m .mL a LL IM O w ... CJI R HLL 3 U. O 34 12mLo 0 W 'L .:o. LL J rc,. 3 0 0 G O o O R R. chl ■ C: t- a w _ v) w as m =�:o` LU N U) N �� rno ai w — �. m z �c,a c~n v H Z cl z 'a a w m ,,,. s o ar.0 O d E U V7 Z L Q m m y L x_E5 zm CL a. ..1 V .. V = R O R d m R � d7 L _ z a a LOL 1 v z ¢ a LL w v L Y UJ 4-4 M E m 3 E U .0 O � � m caui ca c []. LU m O c O m v m m co 00 a o m Z O v mP m o. 3 m cc m a a` U a 0 a PROPOSAL PART B-PROPOSAL TO: Mr. Dale A. Fisseler City Manager Fort Worth, Texas FOR: LANCASTER AVE./PHYLLIS J.TILLEY MEMORIAL BRIDGE '^ CONSTRUCTION CSJ 0902—48-698 GR 76/541600/080302898010(0292/541600/801580003 580) DOE NO. 6510 w Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond, and Payment Bond approved by the City of Fort Worth for performing and completing the construction work within the time stated and for the following sum, to-wit: B-1 "` Updated 11/20/08 BASE BID: ITEM-CODE DEPT ITEM DESC S.P. DESCRIPTION OF ITEMS WITH APPROX USE ALT NO CODE NO. PRICES WRITTEN IN WORDS UNIT QTY ONLY 104 2015 REMOVINGCrONC (SIDEWALKS) SY 3.3 _ Ef F f rl Dollars and IV 0 Cents per SY 161 2014 001 COMPOST MANUF TOPSOIL SY -6,391. .. (BOS OR PB) 7,303-0 Dollars farfy and_Cents per SY 164 2025 002 CELL FBR MLCH SEED SY '' (PERM)(URBAN)(SANDY) No Dollars and F Cents per SY 168 2001 VEGETATIVE WATERING MG -G Twd Dollars Z3.0 and Ivo Cents per MG 340 2011 003 D-GR HMA(METH) TY-B,PG64-22 TON 52.8 One HuM� Tevi Dollars and Oho Cents per TON 400 2004 STRUCT EXCAV(BRIDGE) CY 827.9 7yew�v Dollars and tl)o Cents per CY 403 2001 TEMPORARY SPL SHORING SF 3,768.0 4112 Dollars and Ivo Cents per SF 416 2003 DRILL SHAFT(30 IN) LF 126.0 7Wd tk Tu,"KDollars and er LF B-2 Updated 11/20/08 ITEM-CODE j DEPT ITEM DESC S.P. DESCRIPTION OF ITEMS WITH j APPROX USE ALT NO CODE NO. PRICES WRITTEN IN WORDS I UNIT QTY ONLY 416 2008 DRILL SHAFT(60 IN) LF 204.0 fru f AnJ Q dr y Dollars and Olio Cents per LF 420 2027 002 CL F CONC (BENT) CY 308.0 lite, OKc Dollars and IJ Cents per CY 420 2033 002 CL S CONC (APPR SLAB) CY 14.1 Dollars and fi• Cents per CY 420 2087 002 CL F CONC (ABUT) CY 266.0 Six Hwa+` Dollars and Ivo Cents per CY 426 2001 POST-TENSIONING(GROUTED) MKF 238.0 Dollars and fJo Cents per MKF 432 2002 RIPRAP (C ONC)(5 IN) CY 27.4 &r h64 r 4 Dollars and Ivo Cents per CY _ 442 2005 016 STR STL MSCELLANEOUS) LB 137,100.0 (ARCH) r Dollar and Ila Cents per LB 442 2036 016 STRL STL(RAIL) LB 4,910.0 I i AgA vI Dollars and NO Cents per LB B-3 Updated 11/20/08 - ITEM-CODE DEPT ITEM DESC S.P. DESCRIPTION OF ITEMS WITH APPROX USE ALT NO CODE NO. PRICES WRITTEN IN WORDS UNIT QTY ONLY 500 2001 005 MOBILIZATION LS 1.0 Iwo NvK)#.-�`A tt•ly%ov--o vK ollars and leo Cents per LS 502 2001 033 BARRICADES, SIGNS AND MO 12.0 TRAFFIC HANDLING �k%jagO Dollars and IJa Cents per MO 4488 2001 STRESS RIBBON STEEL LB 78,600.0 St tK to Dollars and AO Cents per LB 4490 2001 PREFABRICATED DECK UNIT SF 4,194.8 St x!y Dollars and tJo Cents per SF 4522 2001 DRILLED SHAFT(POST- LF 170.0 TENSIONED) (30 IN) �' A�c "f-46f r Dollars and Na Cents per LF 5049 2003 BIODGRD EROSION CONTROL LF 899.0 LOGS (12"DIA) loo.0 1Gur Dollars and Ivo Cents per LF 8405 2001 LIGHTING AND ELECTRICAL LS 1.0 SYSTEM ost2 Hut t 1 ° "s ollars and Ne Cents per LS TOTAL AMOUNT BASE BID: $ Z S 7q • 9d 0 B-4 Updated 11/20/08 PART B -PROPOSAL(Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications,both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978,which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 265 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-5 Updated 11/20/08 I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) k&.. Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, By. Title Address O t'vD (,-o r k!�✓y .. Telephone: ( 71 1 3 0 (Seal) .. 1D Date: B-6 Updated 11/20/08 PART F CERTIFICATE OF INSURANCE TE CERTIFICATE OF INSURANCE- Certificate# 81050 416 ISSUE DA12/20/10NY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ■ DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ' POLICIES BELOW. BONDS AND INSURANCE COMPANIES AFFORDING COVERAGE 5057 Keller 72Springs Road ■ Suite 400 ■ Addison,Texas 75001 COMPANY J__ A Valley Forge Insurance Company(C N A) 9 .201.0100 www.mnhins.com ■ Fax 972.201.0123 LETTER COMPANY INSURED LETTER B Continental Insurance Company(C N A) REBCON, Inc. COMPANY 1868 W. Northwest Highway LETTER C Great American Insurance Company Dallas,Texas 75220 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY 2075106141 02/18/10 02/18/11 PRODUCTS-COMP/OP AGG. $ 2,000,000 CLAIMS MADEFX]OCCUR PERSONAL 8 ADV.INJURY $ 1,000,000 OWNERS 8 CONTRACTORS'PROT. EACH OCCURRENCE $ 1,000,000 X Addl Insds&Waiver of Su ro-if contract requires FIRE DAMAGE(Any one fire $ 300,000 MED.EXPENSE(Any one pers22L $ 10,000 B AUTOMOBILE LIABILITY COMBINED SINGLE X ANY AUTO BUA2075106155 02/18/10 02/18/11 LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per arxident) GARAGE LIABILITY PROPERTY DAMAGE $ C EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 X UMBRELLA FORM TUU6627672-06 02/18/10 02/18/11 AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM _ A WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 AND WC 2071106169 02/18/10 02/18/11 DISEASE-POLICY LIMIT Is 1,000,000 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE Is 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE:Lancaster Avenue Pedestrian Bridge Project#GR76/541600/080302898010(C292/541600/801580003580).The City,its officers,employees and servants are included as Additional Insured on Contractor's Insurance policies except Employer's Liability Insurance coverage under Contractor's Worker's Compensation Insurance policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Parks &Community Services Bldg. THE POLICY PROVISIONS. 4200 S. Freeway, Ste. 220 Fort Worth,Texas AUTHORIZED REPRESENTATIVE i CONTRACTOR COMPIANCE WITH WORKER'S COMPENSATION LAW CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage f r all of its employees employed on Department of Engineering D.O.E.No. ��� lac-ani' L n►-L� .. CONTRACTOR By: K A/V �ke4 Title T? Zg �to Date STATE OF TEXAS § COUNTY OF TARRANT § BE ORE , the undersigned authority, on this day personally appeared �• � , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of O?Pb,Cd ( �µc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �L4 t A �' 20 10 . SHOUNDA J.MILLER Notary Public,State of Texas My commission �fe5 4 May OY , 2014 Notary P i in and or the tate of Texas "" Updated 05/16/2005 VENDOR COMPLIANCE TO STATE LAW VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. The law that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principle place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident vendors in (give state), or principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: LIQ aAJ - Y:B C �► 6' Company t (please print) Signature: ,PkLL. (rX -7j– 2- Title: PA"T D,-/— City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION EXPERIENCE RECORD EXPERIENCE RECORD List of Projects your Organization has successfully completed: AMOUNT OF CONTRACT TYPE OF WORK DATE ACCEPTED NAME AND ADDRESS OF AWARD OWNER List of Projects your Organization is now engaged in completing: AMOUNT OF CONTRACT ANTICIPATED DATE OF NAME AND ADDRESS OF AWARD TYPE OF WORK COMPLETION OWNER List Surety Bonds in force on above incomplete work: DATE OF CONTRACT NAME AND ADDRESS OF AWARD TYPE OF WORK BOND AMOUNT OF BOND SURETY EQUIPMENT SCHEDULE List of Equipment owned by Bidder that is in serviceable condition and available for use: •s J.r �aeta,Qs �n QvA C MV-0— Portions V-0rPortions of work Bidder proposes to sublet in case of Award of Contract including amount and type: &rmgS b- Low,easy- lN, ooh PERFORMANCE BOND Bond No. 1109029 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) Rebcon, Inc. as Principal herein, and (2)Arch Insurance Company, a corporation organized under the laws of the State of(3) Missouri ' and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of: Two Million,Four Hundred Three Thousand,One Hundred Seventy-nine and 90/100............................. Dollars($2,403,179.90)for the payment of which sum we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these present. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 7`h of December,2010 a copy of which is hereto attached and made a part hereof for all purposes, for the construction of- Lancaster fLancaster Avenue Pedestrian Bride NOW THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 7th day of December,2010. ATTEST: Rebcon.Inc. In (Principal)Sec tary—Treasurer PRINCIPAL Robert C Bibby BY: tX4�r__ �. (SEAL) Title: R. E. BurgetJV, President 1868 W.Northwest Hwy Dallas.TX 75220 ,. mess as to Prci 311) Arch Insurance Company Surety / Name: Robbi Morales ` ATTEST: (Attorney-in-fact) Address: 2711 N. Haskell Ave. , Suite 80'-0-- Secretary 00_Secretary Dallas, TX 75204 ar �AAL,) � � Telephone Number: 214/989-0000 ' \I �� Witness as to Surety NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. ... The date of the bond shall not be prior to date of Contract. PAYMENT BOND Bond No. 1109029 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) Rebcon, Inc. as Principal herein, and (2) Arch Insurance Company a corporation organized and existing under the laws of the State of(3) Missouri as surety, are held and firmly bound unto the City of Fort Worth,a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein, in the amount of Two Million, Four Hundred Three Thousand, One Hundred Seventy-nine and 90/100.............................Dollars ($2,403,179.90) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these — presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 7th day of December A.D. , 2010, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the following project: Lancaster Avenue Pedestrian Bridge NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253, Texas Government Code, as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be �. void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government y Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 7th day of December,2010. Rebcon,Inc. ATTEST: PRINCIPAL Z<z BY: (Principal)Se etary—Treasurer Robert C. ibby Name: R. E. Burgett Title: President (SEAL) 1868 W.Northwest Hwy Dallas,TX 75220 Wi ss as to Prin Arch Insurance Company SURET - - ATTEST: By: Name: Robbi Morales Secretary Attorney in Fact = (SEAL) Address: 2711 N. Haskell Ave. . Suift"800 �Am�L Dallas, TX 75204 itness as to Surety Telephone Number: 214/989-0000 NOTE: 1. Correct name of Principal(Contractor). 2. Correct name of Surety. �- 3. State of incorporation of Surety. Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. MAINTENANCE BOND Bond No. 1109029 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That Rebcon, Inc. (Contractor), as principal, andArch InsuranceI =a ycorporation organized under the laws of the State otMissou JSurety), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in Tarrant County, Texas the sum of Two Million, Four Hundred Three Thousand, One Hundred Seventy-nine and 90/100........................ Dollars (52,403,179.90) lawful money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves,their heirs,executors,administrators,assigns and successors,jointly and severally. This obligation is conditioned,however;that, WHEREAS,said Contractor has entered into a written Contract with the City of Fort Worth,dated the 7`' day of December 2010 copy of which is hereto attached and made a part hereof,the performance of the following described public improvements: Lancaster Avenue Pedestrian Bridee the same being referred to herein and in said contract as the Work and being designated as project GR76/541600/080302898010 (C292/541600/801580003580 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and made a part hereof,and, WHEREAS, in said Contract,Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of Two (2)Years after the date of the final acceptance of the work by the City;and WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of Two(2)Years;and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary;and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these_presents shall be null and void,and have no force or effect. Otherwise this Bond shall be and remain in full force and effect,and the City shall have and recover from the Contractor and Surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive ... breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in 6 counterparts, each one of which shall be ., deemed an original,this 7th day of December,A.D. 2010. ATTEST: (SEAL) Rebcon.Inc. Contractor ^^ By: Secretary -Tretibby rer Name: R. E. Burgett Robert C. Title: President w ATTEST: (SEAL) Arch Insurance Company — Surety BY: Secretary Name: Robbi Morales Title: Attorney-in-fact 2711 N. Haskell Ave., Suite 800 .. Dallas, TX 75204 Address POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Don E. Cornell, Lisa M. Bonnot, Christine Davis, Jerry P. Rose, Robbi Morales, Ricardo J. Reyna and Luke J. Nolan,Jr. of Dallas, TX(EACH) its true and lawful Attoriiey(syin-Fad,to make, execute, seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents`shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified - with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1 st day of May ,20 08 Arch Insurance Company Attested and Certified av.rangy C C CORFMATE t3 SEAL 1971 Martin J.Nils ,Secretary J.Mi ha ete,Vice 0+idem STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Brian C. Kuhn,a Notary Public,do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as _. their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEALTH OF PENNSYLVANIA """�� NOTARIAL SEAL Brian C.Kuhn,Notary Public Brian C.Kuhn, Notary Public City of Philadelphia,Philadelphia County My commission expires 124)6-2011 CERTIFICATION My commission expires Decemkr 06,2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J.Michael Pete,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed myy name and affixed the corpor e s I of the Arch Insurance Company on this 7th day of December 20 10 Martin J.N' en,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway,Ste.1500 Philadelphia,PA 19102 $acoce CO1 C ODVORATI _MY OOML0013 00 03 03 1h�eud Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARM surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact Mike Pete, Surety,Arch Insurance Company; at the toll-free telephone number or address provided below: Areh-fnsurance.-Camrpa -- _. Attention: Mike Pete 3 Parkway Suite 1600 Philadelphia PA 19102 1,-866-472-8846 You may contact the Texas Department of Insurance to obtain information on companies'coverages, nights or complaints at: 1-800-252-3439 - You may write the Texas Department of Insuranoe: P.O. Box 1.49091 Austin,TX. 78714-9091 FAX#(512) 476-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium-or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of-Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and-does not become a part or condition of the attached document. (Ed. 6106) Printed in U.S.A. STATEMENT OF RESIDENCY STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non-responsive. Bidders'cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate?with its bid, the Statement of Residency Form, but in any event the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas `resident bidder" as a bidder whose principal place of business* is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE §2252.001 defines a"Nonresident bidder' as a bidder whose parent company or majority owner does not have its principal place of business*in the state of Texas. Bidder's complete company name: State your business address in the space provided below if you are a Texas Resident bidder State your business address in the space provided below if you are a Nonresident bidder. *State Purchasing&General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means,for any type of business entity recognized in the State of ' Texas, that the business entity: Has at least one permanent office located within the State of Texas, from which business activities €� other than submitting bids to govemmental agencies are conducted and from which the bid is submitted,and Has at least one employee who works in the Texas office Form prepared by. ` (Name) c (Title) (Si ature) (Date) Page 25 of 26 CHILD SUPPORT STATEMENT CHILD SUPPORT STATEMENT FOR THE TQ„ TEXAS DEPARTMENT OF TRANSPORTATION FOR NEGOTIATED CONTRACTS AND GRANTS Under Family Code,Section 231.006, (name of individual) certifies that (name of business) 1. (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 printlegibly,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. A child support obligor or business entity ineli ible to receive payments described above remains ineligible until all arrearage have been paid orlhe obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. 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.) 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. • Please send this form to Texas Department of Transportation,General Services Division(GSD). • Contract Services Section,125 E. 11 th Street,Austin,Texas 78701-2483. Page 1 of 1 Revised 1/08 PART G CONTRACT OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is made and entered into this the 7th day of December 2010, by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner", by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Rebcon. Inc.,hereinafter referred to as"Contractor",by and through its duly authorized representative. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and -- complete the construction of certain improvements described as follows: Lancaster Avenue Pedestrian Bridge 2. That the Contract Documents shall consist of the written, printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Documents include the notice to bidders, instructions to bidders, proposal, plans, specifications, notice of °- award, special provisions, general provisions, work order(s), this Contract, and the payment, performance, and maintenance bonds. The Contract Documents shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Contract Documents prepared through the Parks and Community Services Department of the City of Fort Worth, which the plans and specifications of the Contract Documents are hereto attached and made a part of this Contract the same as if written herein. 4. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Fn ' of _. the City of Fort Worth. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 5. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 265 Calendar Days from the time commencing said work. If the Contractor should fail to complete the work as set forth in the Plans, Specifications, and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, a per day charge $630 per Working Day as stipulated in these contract documents, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications, and Contract Documents, then the Owner shall have the right to _ either demand the Surety to take over the work and complete same in accordance with the Plans, Specifications, and Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the Contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its -� officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part. by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged nebligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, may refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a ... result of work performed under a City Contract. - -- ----- - OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8. Owner agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the Contractor hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount shall be Two Million, Four Hundred Three Thousand, One Hundred Seventy-nine and LL 90/100.............................Dollars, ($2,403,179.90). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by Contractor without the written consent of the Owner. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County,Texas. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OrORYIJ REBCON,INC. 1a'L, Rebeon,Inc. ssis City Manager 1868 W.Northwest Hwy Dallas TX 75220 /^ TITLE RECOMMENDED: By: ATTEST: Rich rd Zavala, Director Parks nd Community Services Marty Hen ix City Secretary A' ®°00000000 04*' � p�,oo ° 00% ° ° x APPROVED AS TO FORM AND 0g $ 0 LEGALITY: ` 1 o c°* d 1 0 XY0 Date �t?a o0-000 5 4*, AUTHORIZATION M&C .. ° o Approval Date: �)J Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX SPECIFICATION LIST Specification List Specifications adopted by the Texas Department of Transportation,June 1,2004 and specification items listed and dated as follows,shall govern on this project: required contract provisions for all federal-aid construction contracts(Form FHWA 1273 March 1994). Standard Specifications Items 1 to 9 Inclusive. General Requirements and Covenants Item 104.Removing Concrete Item 161.Compost Item 164. Seeding for Erosion Control(162)(166)(168) Item 168. Vegetative Watering Item 340.Dense-Graded Hot Mix Asphalt(Method)(210)(300)(301)(320)(520)(585) Item 400.Excavation and Backfill for Structures(110)(132)(401)(402)(403)(416)(420)(42 1) Item 403.Temporary Special Shoring(423) Item 416.Drilled Shaft Foundations(420)(421)(440)(448) Item 420. Concrete Structures(400)(421)(426)(427)(428)(438)(440)(441)(448)(454) Item 421.Hydraulic Cement Concrete Item 426.Prestressing(420)(421)(424)(434)(440)(442)(445) Item 432.Riprap(247)(420)(421)(440) Item 442.Metal for Structures(441)(445)(446)(447)(448) Item 500.Mobilization Item 502. Barricades, Signs,and Traffic Handling Item 506. Temporary Erosion, Sedimentation,and Environmental Controls Special Provisions Wage Rates 000---002 Partnering 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---461 Disadvantaged Business Enterprise in Federal-Aid Construction 000---1483 Notice of Changes to U.S.Department of Labor Required Payroll Information 000---1493 Schedule of Liquidated Damages 000---1676 On-the-Job Training Program 001---011 Definition of Terms 1 002---017 Instructions to Bidders 003---033 Award and Execution of Contract 004---017 Scope of Work 005---004 Control of the Work 006---030 Control of Materials 007---213 Legal Relations and Responsibilities 007---639 Legal Relations and Responsibilities 008---119 Prosecution and Progress 009---009 Measurement and Payment 009---015 Measurement and Payment 161---001 Compost 164---002 Seeding for Erosion Control 166---001 Fertilizer 247---003 Flexible Base ~~� 340---003 Dense-Graded Hot-Mix Asphalt(Method) 420---002 Concrete Structures 421---035 Hydraulic Cement Concrete 424---002 Precast Concrete Structures(Fabrication) 428---001 Concrete Surface Treatment 434---003 Elastomeric Bridge Bearings 440---002 Reinforcing Steel 441---006 Steel Structures 442---016 Metal for Structures 447---002 Structural Bolting 448---002 Structural Field Welding 500---005 Mobilization 502---033 Barricades, Signs,and Traffic Handling 506---010 Temporary Erosion, Sedimentation,and Environmental Controls 620---001 Electrical Conductors 628---001 Electrical Services Special Specifications 4488 Stress Ribbon(420)(426)(434)(442)(446)(447)(448) 4490 Prefabricated Deck Unit(420)(421)(424)(434)(440)(441)(442)(447) 4522 Post-Tensioned Drilled Shaft Foundations(420)(421)(423)(426)(440)(998) 5049 Biodegradable Erosion Control Logs(161)(506) 8405 Lighting and Electrical System(616)(618)(620)(624)(628) USDOT Special Provisions Required Contract Provisions Federal-Aid Construction Contracts(FHWA-1273)-March 10, 1994 2 This seal pertains to the following special specifications: 4488 Stress Ribbon 4490 Prefabricated Deck Unit 5049 Biodegradable Erosion Control Logs OF r X11 �,�p.m®®mmmmm•®®F® 1 as OWN m s'9s e m /m•®mmmmmmmmmmmmmmmmmm m®mmm JOHN F. DE WAR / /mm mmmmmmmmmmmmmmmmmmmm ' a m/ ,80059 O ®®�% 1 %ZONA `f 2�l� FR SE AND NICHOLS, INC. TEXAS REGISTERED +� ENGINEERING FIRM F-2144 This seal pertains to the following special specification: 8405 Lighting and Electrical System �E OF\T 111 P •••m..mm®F•46 a- 11/y/28//O rr -J 0 . V • m ,� %mm/mmmmmmmmmmmmmmmmmmm®m*/ / JEFFREY N. HENSLEY i /mmmmmmmOmmmmmmmmmmmmmmm m/ 84677 ®� ® ,�F••m LENS O ®\ 1 S ••®mmm®• G_- A4611%X ��a.440N%5- FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 3 This seal pertains to the following special specification: 4522 Post-Tensioned Drilled Shaft Foundations `-V�Wk% / to � a •• �0 / PETER A. BARTELS �/ 94584 /0 F`°�o CEN S�� � 1 °°®°°` 4— .. IS 0 v FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 w. r. rr 4 TXDOT GENERAL NOTES Project Number: STP 2008 (560)MM Sheet A County: TARR.ANT Control: 0902-48-698 Highway: VA **** Specification Data fi Basis of Estimate ***************** Item Description Rate Unit 340 Hot Mix (All Types) 115 lb/SY/in Ton 168 Vegetative Watering 169,400 gal/acre MG Special Notes: *************** Existing storm sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work. Special note to Item 7. Legal Relations and Responsibilities. Do not use non-certified persons to perform electrical work. See Item 7.15 "Electrical Requirements"for additional details. Item 5. Control of the Work 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 comer 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. Prior to contract letting, bidders may obtain a free computer diskette or a computerized transfer of files (from the Engineer's office)that contains the earthwork information. If copies of the actual cross-sections are requested, in addition to, or instead of,the diskette,they will be available at the Engineers office for borrowing by copying companies for the purpose of making copies for the bidder, at the bidder's expense. General Notes Sheet A Project Number: STP 2008 (560) MM Sheet B County: TARRANT Control: 0902-48-698 Highway: VA Item 7. Legal Relations and Responsibilities This contract requires work to be done on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any required training before performing work on railroad property. Submit to the Engineer, an original railroad liability insurance policy. p . 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 Nw 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. 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 General Notes Sheet B Project Number: STP 2008 (560) MM Sheet C County: TARRANT Control: 0902-48-698 - Highway: VA 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 1.32 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 Working days will be computed and charged in accordance with Article 8.3.A.1 Five-Day Workweek. 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 161. Compost Place approximately 4"of compost manufactured topsoil (CMT) on all cut and fill slopes (except drainage channels where flexible channel liners are indicated), at other locations shown in the plans, and as directed. General Notes Sheet C Project Number: STP 2008 (560) MM Sheet D County: TARRANT Control: 0902-48-698 Highway: VA -- Where "pre-blended" CMT is specified, amend suitable soil material, as determined by the Engineer,with 25%compost,by volume,to produce the compost manufactured topsoil. Place the compost manufactured topsoil in a loose layer approximately 4"thick, as shown in the plans. 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. Apply vegetative watering for an establishment period of thirteen weeks following application of seed or installation of sod, at a rate of Y2"of water depth per week(approximately 13,030 gallons ,.. per acre), and according to the following schedule or as directed: Apply vegetative watering twice per week for a period of four weeks following application of seed or installation of sod, regardless of calendar month, at a rate of one- 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 during the months of July and -- August, at a rate of one-half the weekly application rate. Item 301. Asphalt Antistripping Agent Furnish a liquid antistripping agent unless directed. °'- Item 340. Dense Graded Hot Mix Asphalt (Method) Include the approved mix design number on each delivery ticket. General Notes Sheet D Project Number: STP 2008 (560) MM Sheet E County: TARRANT Control: 0902-48-698 Highway: VA Dilution of tack coat is not allowed. Provide a PG64-22 asphalt for the base course. Item 420. Concrete Structures Use the appropriate Department Excel templates to calculate and record all test data. These most recent updated forms are available on the Department's website at www.txdot.gov/txdot library/consultants contractors/forms/site manager.htm under the .. SiteManager tab. Submit test results within 24 hours of test completion by email or CD. Include the approved mix design number on each delivery ticket. Utilize separate work bridges for finishing and curing concrete pavement and bridge slabs. Item 421. Hydraulic Cement Concrete Include the approved mix design number on each delivery ticket. Use the appropriate Department Excel templates to calculate and record all test data. These most *- recent updated forms are available on the Department's website at www.txdot.gov/txdot library/consultants contractors/forms/site mana er.htm under the SiteManager tab. Submit test results within 24 hours of test completion by email or CD. The strength testing equipment for concrete will be capable of producing an electronic printout of the test results. Air entrainment requirements are waived for all classes of concrete except all Class S and all Class P Concrete. Concrete will not be rejected for low air content. Adjustment to the dosage of air entrainment will be as directed or allowed by the Engineer. Do not place concrete for paving, approach slabs. or bridge slabs when anticipated weather conditions will result in a predicted evaporation rate above 0.3 ft`/hr as determined using the Portland Cement Association publication Design and Control of Concrete Mixtures. Figure l 3-8. Desi-=n all concrete with an Optimized Aggregate Gradation in accordance with Special Provision 421---013. Use Test Method Tex-470-A to determine the optimized aggregate gradation. This work is subsidiary to this item. VV General Notes Sheet E Project Number: STP 2008 (560) MM Sheet F County: TARRANT Control: 0902-48-698 Highway: VA •• Design and analyze all concrete for pa\ement and structures using the Concrete Works Program Version 2.0.6 (Beta) for acceptance by TxDOT. Use Test Method Tex-42-6-A to de\elop input for the Concrete Works Program. This work is subsidiary to this item. Optimized graded aggreg==ate concrete will maximize coarse aggregate content and minimize tine aggregate content while maintaining \Norkability. Coarse aggregate factors or packing factors will be re-established to maximize coarse aogregate content. 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 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". Cover or remove any work zone signs when work or condition referenced is not occurring. ' General Notes Sheet F Project Number: STP 2008 (560) MM Sheet G County: TARRANT Control: 0902-48-698 Highway: VA Item 506. Temporary Erosion, Sedimentation, and Environmental Controls "" The SW3P for this project shall consist of using the following items as directed: a. Biodegradable Erosion Control Logs 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. General Notes Sheet G TXDOT SPECIAL PROVISIONS an City of Fort Worth Highway(Heavy)Construction Prevailing Wage Rates For 2008 Classifications Hrly Rts Classifications Hrly Rts Air Tool Operator $10.06 Scraper Operator $11.42 Asphalt Raker $11.01 Servicer $12.32 Asphalt Shoveler $8.80 Slip Form Machine Operator $12.33 Asphalt Distributor Operator $13.99 Spreader Box Operator $10.92 Asphalt Paving Machine Operator $12.78 Tractor operator„Crawler Type $12.60 Batching Plant Weigher $14.15 Tractor operator Pneumatic $12.91 Broom or Sweeper Operator $9.88 Traveling Mixer Operator $12.03 Bulldozer operator $13.22 Truck Driver-Single Axle(Light) $10.91 Carpenter(Rough) $12.80 Truck Driver-Single Axle(Heavy) $11.47 Concrete Finisher-Paving $12.85 Truck Driver-Tandem Axle Semi-Trailer $11.75 Concrete Finisher-Structures $13.27 Truck Driver-Lowboy/Float $14.93 Concrete Paving Curbing Mach.Oper, $12.00 Truck Driver-Transit Mix $12.08 Concrete Paving Finishing Mach.Oper. $13.63 Wagon Drill, Boring Machine, Post Hole Driller $14.00 Concrete Paving Joint Sealer Oper, $12.50 Welder $13.57 Concrete Paving Saw Oper $13.56 Work Zone Barricade Servicer $10.09 Concrete Paving Spreader Oper $14.50 Concrete Rubber $10.61 Crane,Clamshell, Backhoe, Derrick,Dragline,Shovel $14.12 Electrician $18.12 Flagger $8.43 Form Builder-Structures $11.63 Form Setter-Paving&Curbs $11.83 Foundation Drill Operator,Crawler Mounted $13.67 Foundation Drill Operator,Truck Mounted $16.30 Front End Loader $12.62 Laborer-Common $9.18 Laborer-Utility $10.65 Mechanic $16.97 Milling Machine Operator,Fine Grade $11.83 Mixer Operator $11.58 Motor Grader Operator(Fine Grade) $15.20 Motor Grader Operator,Rough Oiler $14.50 Painter,Structures $13.17 Pavement Marking Machine Oper $10.04 Pipe Layer $11.04 Roller, Steel Wheel Plant-Mix Pavements $11.28 Roller,Steel Wheel Other Flatwheel or Tamping $10.92 Roller,Pneumatic,Self-Propelled Scraper $11.07 Reinforcing Steel Setter(Paving) $14.86 Reinforcing Steel Setter(Structure) $16.29 Pagel of 3 General Decision Number: TX100044 05/07/2010 TX44 Superseded General Decision Number: TX20080044 State: Texas Construction Type: Heavy Counties: Johnson, Parker and Tarrant Counties in Texas. Heavy Construction Projects (Including Water and Sewer Lines) .� Modification Number Publication Date 0 03/12/2010 1 05/07/2010 .. * PLUM0146-002 05/01/2010 Rates Fringes PLUMBER/PIPEFITTER. . . . . . . . . . . . . . .$ 26.06 6.81 ---------------------------------------------------------------- SUTX1990-041 06/01/1990 Rates Fringes CARPENTER. . . . . . . . . .. . . . . . . . .. . . . .$ 10.40 $3.64 .� Concrete Finisher. . . . . . . . . . . . . . . .$ 9.81 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 13.26 Form Setter. . . . . . . . . . . . . . . . . . . . . .$ 7.86 Laborers: .. Common. . . . . . . . . . . . . . . . . . . . . .$ 7.25 Utility. . . . . . . . . . . . . . . . . . . . .$ 8.09 PAINTER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.89 Pipelayer. . . . . . . . . . . . . . . . . . . . . . . .$ 8.43 Power equipment operators: Backhoe. . . . . . .. . . . . . . . . . . . . .$ 11.89 3.30 Bulldozer. . . . .. . . . . . . . .. . . . .$ 10.76 Crane. . . . . . . . . . . . . . . . . .. . . . .$ 13.16 3.30 Front End Loader. . . . . . .. . . . .$ 10.54 .. Mechanic. . . . . . . . . . . . . . . . . . . .$ 10.93 Scraper. . . . . . . . . . . . . . . . . . . . .$ 10.00 .. Reinforcing Steel Setter. . . . . . . . .$ 10.64 TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 7.34 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. h4://www.wdol.gov/wdol/scafiles/davisbacon/TX44.dvb 6/23/2010 Page 2 of 3 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses .. (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be u. prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can i. be: * an existing published wage determination * a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted _ because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ... With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: _ Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an http://www.wdol.gov/wdol/scafilestdavisbacon/TX44.dvb 6/23/2010 Page 3 of 3 interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. .. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION •r hq://www.wdol.gov/wdol/scafiles/davisbacon/TX44.dvb 6/23/2010 2004 Specifications SPECIAL PROVISION 000---002 Partnering 1. General. It is the intent of this provision to encourage the use of a Partnering arrangement between the Department and the Contractor. The use of Partnering on this project is voluntary, unless shown on the plans,and its use must be acceptable to both Department and Contractor personnel. Partnering can be initiated by TxDOT or the Contractor. The Partnering concept promotes an environment of trust, mutual respect, integrity and fair- dealing. 2. Procedures for Initial Partnering Meeting. The Partnering Workshop initial meeting may last from 2 hours to 2 days and may contain one or more of the partnering modules selected by the Engineer and the Contractor, and may be prior to or combined with the pre- construction conference. (1) Mutually agree upon an agenda(outline main elements-see modules for agenda contents), a location(city,hotel,etc.)and the scope and attendees. (The list of attendees will include the job title of each person, a contact,telephone and fax number.) The Department will furnish a recommended location list. (2) Use of facilitator: (a) The facilitator is to act as a neutral party seeking to advance proactive pre-project planning. There must be no perceived conflict of interest on the part of the facilitator in favor of either Engineer or Contractor. (b) Contract Facilitator- Select 3 potential facilitators from the Department's approved list .The Engineer will select 1 of the 3 proposed facilitators. (c) Internal Facilitator-The Engineer and the Contractor may choose a facilitator internal to one of their respective organizations to facilitate a workshop. This individual must have technical knowledge and ability to lead and guide discussions. This individual must be acceptable to both the Engineer and the Contractor. No payment will be made for internal facilitators. �. (d) The Engineer and the Contractor will provide the facilitator with a list of attendees. The meeting arrangements(meeting space,A/V equipment, etc.)will be the responsibility of the contract facilitator. The Contractor and the Department will be responsible for any arrangements for any expenses incurred by their respective employees, including but not limited to meals,travel and lodging. 1-2 000---002 05-04 (e) The Engineer and the Contractor should contact the facilitator at least 3 weeks prior to the workshop,and should have a conference call with the facilitator at least 10 calendar days prior to the workshop to discuss ideas and to finalize the agenda. The agenda will be based on the needs of the team,and may be as specific as deemed necessary. The facilitator is responsible for developing the full agenda in conjunction with both parties. 3. Participation in Partnering. It is the responsibility of the Engineer and the Contractor to compile a list of and invite the key project personnel (inspectors, foremen, superintendents, bookkeepers,project engineers, etc.)to participate in the initial partnering workshop. It is also important to have representatives of all interested parties in attendance. Examples include but are not limited to subcontractors, material suppliers, city and county officials, and utility companies. In addition,the Contractor and Engineer should actively encourage district staff to participate as well. The Contractor and Engineer must agree that each of their personnel identified will be assigned to the project for its duration. .. 4. Payment. The cost of the partnering workshop will be shared equally by the Contractor and the Department. Be responsible for the partnering workshop expenses(meeting room,AV, supplies,cost of facilitator,etc.). The Department will reimburse the Contractor for 112 of the partnering workshop expenses as extra work on the next monthly estimate. 5. Partnering Performance. If the partnering agreement is not followed and after reasonable -- efforts to salvage it have been unsuccessful, either party may withdraw from the partnering agreement by written notice to the other party. The sole remedy for non-performance of the partnership shall be termination of the partnering agreement. 2-2 000---002 05-04 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. 1-1 000---003 05-04 2004 Specifications SPECIAL PROVISION 000---004 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(per- cent) 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. 1-5 000---004 05-04 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. 2-5 000---004 05-04 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 m�� 3-5 000---004 05-04 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 Hams 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 Moms 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 4-5 000---004 05-04 Goals for Minority Goals for Minority County Participation County Participation Randall 9.3 Webb 87.3 Reagan 20.0 Wharton 27.4 ^^ Real 49.4 Wheeler 11.0 Red River 20.2 Wichita 12.4 Reeves 18.9 Wilbarger 11.0 Refugio 44.2 Willacy 72.9 Roberts 11.0 Williamson 24.1 Robertson 27.4 Wilson 49.4 Rockwall 18.2 Winkler 18.9 Runnels 20.0 Wise 18.2 Rusk 22.5 Wood 22.5 Sabine 22.6 Yoakum 19.5 San Augustine 22.5 Young 11.0 San Jacinto 27.4 Zapata 49.4 San Patricio 41.7 Zavala 49.4 San Saba 20.0 Schleicher 20.0 Scurry 10.9 Shackelford 10.9 Shelby 22.5 Sherman 11.0 Smith 23.5 Somervell 17.2 Starr 72.9 Stephens 10.9 Sterling 20.0 Stonewall 10.9 Sutton 20.0 Swisher 11.0 Tarrant 18.2 Taylor 11.6 Terrell 20.0 Terry 19.5 Throckmorton 10.9 Titus 20.2 Tom Green 19.2 Travis 24.1 Trinity 27.4 Tyler 22.6 Upshur 22.5 Upton 18.9 Uvalde 49.4 Val Verde 49.4 Van Zandt 17.2 Victoria 27.4 Walker 27.4 Waller 27.3 Ward 18.9 Washington 27.4 5-5 000---004 05-04 2004 Specifications SPECIAL PROVISION 000---006 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 1-6 000---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 _a 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. 2-6 000---006 05-04 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. E 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 3-6 000---006 05-04 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. IL Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct,at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc., such opportunities. m. Ensure that seniority practices,job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel 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 4-6 000---006 05-04 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 604.8. 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). 5-6 000---006 05-04 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. 6-6 000---006 05-04 2004 Specifications SPECIAL PROVISION 000---009 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. 1-1 000---009 04-04 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 Bridge Division Transportation Fabrication Branch Bridge Division 118 E.Riverside Dr. 125 E l lm Street Austin,Texas 78704 Austin TX 78701-2483 (512)416-2187 Construction Division Construction Section Texas Department of Construction Division Transportation 200 E.Riverside Dr. Construction Division I"floor, 1B.1 Construction Section Austin,TX 78704 200 E.Riverside Drive (512)416-2490 Austin TX 78704 1-800-687-3525 Materials&Pavements Section Texas Department of Construction Division Transportation Materials&Pavements Construction Division Cedar Park Campus,Bldg.51 Materials&Pavements 9500 Lake Creek Parkway (CP51) Austin,TX 78717 125 E 11''Street 512-506-5800 Austin TX 78701-2483 1-2 000---011 09-04 Division/Section Name U.S.Post Office Address Physical Address Maintenance Division Maintenance Section Texas Department of Maintenance Division Transportation Maintenance Section ... Maintenance Division 150 East Riverside Drive Maintenance Section Fourth Floor,North Tower 125 E I I'h Street Austin,TX 78704 Austin,TX 78701 (512)416-3185 Vegetation Management Section Texas Department of Maintenance Division Transportation Vegetation Management Section Maintenance Division 150 East Riverside Drive Vegetation Management Section Fourth Floor,North Tower 125 E l la'Street Austin,TX 78704 Austin,TX 78701 (512)416-3093 Traffic Operations Division Traffic Operations Division Texas Department of Texas Department of Transportation Transportation Traffic ORerations Division Traffic Operations Division 125 E 11 Street 200 E.Riverside Austin TX 78701 Bldg. 118 Austin,Texas 78704 512-416-3200 Traffic Engineering Texas Department of Texas Department of Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Engineering Section Traffic Engineering Section 125 E I I'Street 200 E.Riverside Austin TX 78701 Bldg. 118 Austin,Texas 78704 (512)416-3118 . Traffic Management-ITS Branch Texas Department of Texas Department of Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Management Section Traffic Management Section 125 E 11th Street Cedar Park Campus,Bldg.51 Austin TX 78701 9500 Lake Creek Parkway Austin,TX 78717 512-506-5100 Traffic Management- Texas Department of Texas Department of Signal/Radio Branch Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Management Section- Traffic Management Section- Signal/Radio Branch Signal/Radio Branch 125 E 11"'Street Cedar Park Campus,Bldg.51 Austin TX 78701 9500 Lake Creek Parkway Austin,TX 78717 512-506-5100 2-2 000---011 09-04 2004 Specifications SPECIAL PROVISION 000---461 Disadvantaged Business Enterprise in Federal-Aid Construction 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 Construction",of this Special Provision shall apply to this contract. If there is no DBE goal,Article B, "Race-Neutral DBE Participation", of this Special Provision shall apply to this contract. The percentage goal for DBE participation in the work to be performed under this contract will be shown on the proposal. A. Article A.Disadvantaged Business Enterprise in Federal-Aid Construction. 1. Policy.It is the policy of the DOT and the Texas Department of Transportation (henceforth the"Department")that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.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, 1-11 000--461 02-06 excluding national holidays, from receipt of the information outlined in this Special Provision under Section I 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. "Department"means the Texas Department of Transportation. b. "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). c. "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. •� d. "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. e. "Disadvantaged Business Enterprise"or"DBE"means a firm certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26. 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. "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. 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, 2-11 000---461 02-06 packagers,manufacturers'representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. i. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. j. "Race-neutral DBE Participation"means any participation by a DBE through customary competitive procurement procedures. k. "Race-conscious"means a measure or program that is focused specifically on assisting only DBEs, including women-owned businesses. 1. "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 No.SMS.4901, "DBE 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 Business Opportunity Programs(BOP)Office in Austin, Texas not later than 5:00 p.m.on the 10`h 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 No. 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. 3-11 000--461 02-06 • 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. • If the Program Manager of the BOP Office determines that the Contractor has failed to meet the good faith effort requirements,the Contractor will 4-11 000---461 02-06 be given an opportunity for reconsideration by the Director of the BOP Office. 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 Business Opportunity Programs Office,Texas Department of Transportation, 125 E. , 11th Street,Austin,Texas 78701-2483. E 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 No.4901, "DBE Commitment Agreement," for the substitute DBE firm(s).Any substitution of DBEs shall be subject to approval by the Department.Prior to approving the substitution,the Department will request a statement from the DBE concerning it being replaced. 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. L 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 BOP Office.An update of the Directory can be found on the Internet at http://www.dot.state.tx.us/business/tucpinfo.httn. 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, 5-11 000---461 02-06 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 subcontractor assistance will not be credited toward the DBE goal. (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. 6-11 000--461 02-06 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. 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: 7-11 000---461 02-06 (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 I 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. 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 8-11 000---461 02-06 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. E 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 No. SMS.4903, "DBE or HUB Progress Report,"is to be used for monthly reporting.Form No. SMS.4904, "DBE or HUB Final Report,"is to be used as a final summary of DBE payments submitted upon completion of the project. The original final report must be submitted to the Business Opportunity Programs Office 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. 9-11 000--461 02-06 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 or HUB 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 or HUB Final Report." e. Provide a certification of prompt payment,the Prompt Payment Certification Form 2177,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. 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 prune contractor or its affiliates is not allowed. 10-11 000--461 02-06 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. 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 No. 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. 11-11 000---461 02-06 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. 1-1 000-4483 01-09 2004 Specifications SPECIAL PROVISION 000-4493 Schedule of Liquidated Damages For Amount of Original Contract Amount of Daily Contract Administration Liquidated From More Than To and Including Damages per $0 100,000 425 100,000 500,000 500 500,000 1,000,000 525 1,000,000 2,000,000 625 2,000,000 5,000,000 800 5,000,000 10,000,000 1100 10,000,000 15,000,000 1400 15,000,000 25,000,000 1550 25,000,000 Over 25,000,000 2800 1-1 000--1493 01-09 2004 Specifications SPECIAL PROVISION 000-4676 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. 1-1 000--1676 07-09 2004 Specifications SPECIAL PROVISION 001_011 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. Article 1.128. Subcontractor is voided and replaced by the following: 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: 1.150.Affiliates.Two or more firms are affiliated if • they share common officers, directors, or stockholders; • a family member of an officer, director, or stockholder of one firm serves in a similar capacity in another of the firms; • an individual who has an interest in,or controls a part of, one firm either directly or indirectly also has an interest in, or controls a part of, another of the firms; • the firms are so closely connected or associated that one of the firms, either directly or indirectly, controls or has the power to control another firm; • one firm controls or has the power to control another of the firms; or, • the firms are closely allied through an established course of dealings, including but not limited to the lending of financial assistance. 1-2 001---011 02-09 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 A< 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. 2-2 001---011 02-09 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.E ' ibility f Bidders. S mit for proval onfid ial Que ionnair orm an au ' ed fin cial stateme or a Bid is Que onnair orm at ast 10 s befor a date at .. ds are be opened. nce app ved,the igibili s valid r a peri dof one ar.Bid rs prequ fied with a idder's uestionn ' e Fo re not 'gible to id on a p sect tha equires the onfidentia uestio aire Fo d aud*Yed fin ial state ents. Co ly with 1 technical p qualificat' n requir ents in the bid fogfi Obtain prequali cation fo s from t e onstructi Divisi . 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. 1-8 002---017 02-09 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. ADD—"Prepare the bid on the Proposal provided and submit to theme ,.. Purchasing Department as noted on the Proposal form." 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. ectr /hd Form .Use th electr is bid f in E /Dt wled an a en m b i tialin eend liste nder t adden tab in ly th id rm idigita certss d by a dep ent. In a case aj , the erso sig ' gbid rm mthoriz to bi all join enture articip 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.) • Fo elec oriic b' s,�Uiolrtc4-n e fron�id/ow6o�ie ran�ks�.6r pfinteed bid onds�ele oni - Q�ds L j� k 0�o �a2 �� 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 -w 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.EI troni 1y Sp mi tyBi . Sub ' the ectr is d to ye el on' vaul ing'' It i the bi er's son ' ili o ens tha e b' is ceiv b eel troni vau on '� fore t tim and a set r the peni 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. Yec an t et y th' e t nic cult ill be ed r tab ataon rpo s. 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.Ele troni lly S itt B' . Sub it an lectron' or)Written ques o Xpper� ith aw t bid .� The ectro is req t m t be ade mg S.For wri en re est, s mite equ t to /ahorl ettin Offici .A r que to wi draw n elec ni id m t be de bye n d to bi th id r and ust made7rior o the 'me an date s for a op ing. tten re est or w dra is of lectro c bi sand ' thec e ofj nt ve re, e ment ill a ceptrequ t front any p son thor* ed to ind a p rty to he joi t venture thdrav�al a/bid. 1 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 •Z el apy suurritt "bid .� 5-8 002---017 02-09 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 w.. 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 • 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. 8-8 002---017 02-09 2004 Specifications SPECIAL PROVISION 003---033 Award and Execution of Contract For this project, Item 003, "Award and Execution of Contract,"of the Standard Specifications, is amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed. Article 3.4. Execution of Contract,Section B, Bonds.The first paragraph is supplemented by the following: Sample versions of the standard performance and payment bonds may be viewed on the department's Internet site at: -- http://www.txdot.gov/txdot library/consultants contractors/forms/contractors.htm 1-1 003---033 07-09 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 w„ District Engineer. 2-3 004---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. 3-3 004---017 04-10 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 http://www.dot.state.tx.us/publications/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.La, "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 mm 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 SPECIAL PROVISION 007---213 Legal Relations and Responsibilities For this project, Item 7, "Legal Relations and Responsibilities"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 7.19.Preservation of Cultural and Natural Resources and the Environment is supplemented by the following: G.Asbestos Containing Material.In Texas,the Department of State Health Services(DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M(NESHAP) and the Texas Asbestos Health Protection Rules(TAHPR).Based on EPA guidance and regulatory background information, bridges are considered to be a regulated"facility"under NESHAP. Therefore, federal standards for demolition and renovation apply. Provide notice of demolition or renovation to the structures listed in the plans at least 30 calendar days prior to initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation,or removal. When demolition,renovation,or removal of load bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days prior to initiating demolition or renovation. If the date of actual demolition,renovation, or removal is changed,the Department will be required to notify DSHS at least 10 days in advance of the work.This notification is also required when a previously scheduled (notification sent to DSHS)demolition, renovation or removal is delayed.Therefore, if the date of actual demolition,renovation, or removal is changed,provide the Engineer, in writing,the revised dates in sufficient time to allow for the Department's notification to DSHS to be postmarked at least 10 days in advance of the actual work. ° Failure to provide the above information may require the temporary suspension of work under Article 8.4, "Temporary Suspension of Work or Working Day Charges,"due to reasons under the control of the Contractor. The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 1-1 007---213 02-06 2004 Specifications SPECIAL PROVISION 007---639 Legal Relations and Responsibilities For this project, Item 7, "Legal Relations and Responsibilities"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 7.8.Hauling and Loads on Roadways and Structures is supplemented by the following: D. Stockpiling of Materials. Do not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer.Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Article 7.14. Contractor's Responsibility for Work, Section B. Appurtenances is voided and replaced by the following: B.Appurtenances. 1. Unreimbursed Repair.Except for destruction(not reusable)due to hurricanes, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.14.13.2, "Reimbursed Repair." For the devices listed in this section,reimbursement may be made for damage due to hurricanes. Where the contractor retains replaced appurtenances after completion of the project,the Department will limit the reimbursement to the cost that is above the salvage value at the end of the project. 2. Reimbursed Repair.Reimbursement will be made for repair of damage due to the causes listed in Section 7.14.A, "Reimbursable Repair,"to appurtenances(including temporary and permanent crash cushion attenuators and guardrail end treatments). 1-2 007---639 09-09 Article 7.15.Electrical Requirements,Section A.Definitions,Section 3.Certified Person is voided and replaced by the following: �. 3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450,"TxDOT Roadway Illumination and Electrical Installations"or other courses as approved by the Traffic Operations Division. Submit a current and valid TRF certification upon request. On July 1,2010, TEEX certifications for"TxDOT Electrical Systems"course will no longer be accepted.All TRF 450 certifications that have been issued for"TxDOT Roadway Illumination and Electrical Installations"course that expire before July 1,2010 will be accepted until July 1,2010. Article 7.15.Electrical Requirements,Section A.Definitions,Section 4.Licensed Electrician is voided and replaced by the following: 4.Licensed Electrician.A licensed electrician is a person with a current and valid unrestricted master electrical license,or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician.An unrestricted master electrician need not be on the work locations at all times electrical work is being done,but the unrestricted master electrician must approve work performed by the unrestricted journeyman.Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. ��� The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license.Acceptance of the license will be based on sufficient w evidence that the license was issued based on: • passing a test based on the NEC similar to that used by Texas licensing officials, and • sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 2-2 007---639 09-09 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 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. 1-1 009---015 12-07 2004 Specifications SPECIAL PROVISION 161---001 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 is voided and replaced by the following: Furnish compost that meets the requirements of DMS-6360, "Compost." Material not conforming to quality monitoring program under DMS-6360,may be used only when tested by the Engineer and approved before use. 1-1 161---001 02-07 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 166--001 Fertilizer Item 166, "Fertilizer,"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 166.2.Materials is voided and replaced by the following: Use a complete fertilizer containing nitrogen (1V), phosphoric acid(P), and potash(K)nutrients unless otherwise specified on the plans.At least 50%of the nitrogen component must be a slow— release sulfur coated urea.Ensure that fertilizer is in an acceptable condition for distribution in containers labeled with the analysis.Fertilizer is subject to testing by the Texas A&M Feed and Fertilizer Control Service in accordance with the Texas Fertilizer Law. - Article 166.3. Construction is voided and replaced by the following: Deliver and apply the complete fertilizer uniformly at a rate equal to 60 lb. of nitrogen per acre or at the analysis and rate specified on the plans. Apply fertilizer as a dry material and do not mix with water to form a slurry. Incorporate fertilizer during seedbed preparation as specified in the plans. 1-1 166---001 09-07 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 Re uirements Property Test Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Method Master gradation sieve size (cumulative% retained 2-1/2 in. - 0 0 0 1-3/4 in. Tex-110-E 0 0-10 0-10 0-5 -. 7/8 in. 10-35 - - As shown on 10-35 3/8 in. 30-50 - - the plans 35-65 No.4 45-65 45-75 45-75 45-75 No.40 7045 60-85 50-85 70-90 Liquid Limit, As shown on max 1 Tex-104-E 35 40 40 the plans 35 Plasticity Index, As shown on max.1 Tex-106-E 10 12 12 the plans 10 Plasticity index,min. As shown on the lans Wet ball mill, 40 45 _ As shown on 40 %max? the plans Wet ball mill,%max. Tex-116-E increase passing the 20 20 _ As shown on 20 No.40 sieve the plans When When As shown on Classification,max.3 Tex-117-E shown on shown on - - the plans the plans the plans Min.compressive strength,psi lateral ressure 0 psi Tex-1 17-E 45 35 _ As shown on - lateral pressure 3 psi _ - _ the plans 90 .,. lateral pressure 15 psi 1 175 175 - 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. 1-2 247-033 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-1 15-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. 2-2 247-033 03-09 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 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 Tex406-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. 2-2 340---003 _. 01-09 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. ' 1-2 420---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 2-2 420---002 09-05 2004 Specifications SPECIAL PROVISION 421---035 Hydraulic Cement Concrete For this project, Item 421, "Hydraulic Cement Concrete,"of the Standard Specifications is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 421.2.D.Water,Table 1. Chemical Limits for Mix Water is voided and replaced by the following: Table 1 Chemical Limits for Mix Water Contaminant Test Method Maximum Concentration m Chloride(Cl) ASTM C 114 Prestressed concrete 500 Bridge decks and superstructure 500 All other concrete 1,000 Sulfate SO4 ASTM C 114 2,000 Alkalies(NaO+0.658K20 ASTM C 114 600 Total Solids ASTM C 1603 50,000 Article 421.2.B. Supplementary Cementing Materials (SCM) is supplemented with the following: 6. Modified Class F Fly Ash (MFFA).Furnish MFFA conforming to DMS-4610, "Fly Ash." Article 421.2.D. Water,Table 2.Acceptance Criteria for Questionable Water Supplies is voided and replaced by the following: Table 2 Acceptance Criteria for Questionable Water Supplies Property Test Method Limits Compressive strength,min.% ASTM C 31,ASTM C 3 91,2 90 control at 7 days Time of set,deviation from ASTM C 403 From 1:00 early to 1:30 later control,h:min. 1.Base comparisons on fixed proportions and the same volume of test water compared to the control mix using 100%potable water or distilled water. 2.Base comparisons on sets consisting of at least two standard specimens made from a composite sample. Article 421.2.E.1 Coarse Aggregate.The fourth paragraph is voided and replaced by the following: Unless otherwise shown on the plans,provide coarse aggregate with a 5-cycle magnesium sulfate soundness when tested in accordance with Tex-41 I-A of not more than 25%when air 1-7 421---035 08-09 entrainment is waived and 18%when air entrainment is not waived. Crushed recycled hydraulic cement concrete is not subject to the 5-cycle soundness test. Article 421.2.E.2 Fine Aggregate.The fifth paragraph is voided and replaced by the following: Acid insoluble(%)_ {(A1)(P1)+(A2)(P2))/100 where: Al =acid insoluble(%)of aggregate 1 A2=acid insoluble(%)of aggregate 2 PI = percent by weight of aggregate 1 of the fine aggregate blend P2=percent by weight of aggregate 2 of the fine aggregate blend Article 421.2.E.2.Fine Aggregate.The final paragraph is voided and replaced by the following: For all classes of concrete, provide fine aggregate with a fineness modulus between 2.3 and 3.1 as determined by Tex-402-A. Article 421.2.E.Aggregate is supplemented by the following: 4. Intermediate Aggregate. When necessary to complete the concrete mix design, provide intermediate aggregate consisting of clean,hard, durable particles of natural or lightweight aggregate or a combination thereof.Provide intermediate aggregate free from frozen material and from injurious amounts of salt, alkali,vegetable matter, or other objectionable material, and containing no more than 0.5%clay lumps by weight in accordance with Tex-413-A. If more than 30%of the intermediate aggregate is retained on the No. 4 sieve,the retained portion must meet the following requirements: • must not exceed a wear of 40%when tested in accordance with Tex-410-A. • must have a 5-cycle magnesium sulfate soundness when tested in accordance with Tex-411-A of not more than 25%when air entrainment is waived and 18%when air entrainment is not waived. If more than 30%of the intermediate aggregate passes the 3/8"sieve,the portion passing the 3/8"sieve must not show a color darker than standard when subjected to the color test for organic impurities in accordance with Tex-408-A and must have an acid insoluble �m residue,unless otherwise shown on the plans,for concrete subject to direct traffic equal to or greater than the value calculated with the following equation: Alia> 60 -(Alfa)(Pfa) (Pia) where: Alfa = acid insoluble(%)of fine aggregate or fine aggregate blend Pfa = percent by weight of the fine aggregate or fine aggregate blend as a percentage of the total weight of the aggregate passing the 3/8"sieve in the �. concrete mix design Pia = percent by weight of the intermediate aggregate as a percentage of the total weight of the aggregate passing the 3/8"sieve in the concrete mix design 2-7 421---035 _ 08-09 Article 421.2.F.Mortar and Grout is supplemented by the following: - Section 421.4.A.6,"Mix Design Options,"does not apply for mortar and grout. Article 421.3.A. Concrete Plants and Mixing Equipment is supplemented by the following: When allowed by the plans or the Engineer, for concrete classes not identified as structural concrete in Table 5 or for Class C concrete not used for bridge-class structures,the Engineer may inspect and approve all plants and trucks in lieu of the NRMCA or non-Department engineer sealed certifications.The criteria and frequency of Engineer approval of plants and trucks is the same used for NRMCA certification. Article 4213.A.2. Volumetric Mixers is supplemented by the following: Unless allowed by the plans or the Engineer, volumetric mixers may not supply classes of concrete identified as structural concrete in Table 5. Article 421.4.A Classification and Mix Design.The first paragraph is voided and replaced by the following: Unless a design method is indicated on the plans, furnish mix designs using ACI 211, "Standard Practice for Selecting Proportions for Normal,Heavyweight, and Mass Concrete,"Tex-470-A, or .. other approved procedures for the classes of concrete required in accordance with Table 5. Perform mix design and cement replacement using the design by weight method unless otherwise approved.Do not exceed the maximum water-to-cementitious-material ratio. Article 421A.A. Classification and Mix Design,Table 5 Concrete Classes is voided and replaced by the following: �. Table 5 Concrete Classes Design Class of Strength, Maximum Coarse , Concrete Min. WAC Ratio` Aggregate General Usage 28-day f. Grades 2,3 (psi) Inlets,manholes,curb,gutter,curb&gutter, A 3,000 0.60 1-4,8 conc.retards,sidewalks,driveways,backup walls,anchors B 2 000 0.60 2-7 Ri ra ,small roadside si ns and anchors Drillcd shafts,bridge substructure,bridge Cs 3,600 0.45 1-6 railing,culverts except top slab of direct traffic culverts,headwalls,wing walls,approach slabs,concrete traffic barrier(cast-in-place) ^— C HPC 3,600 0.45 1-6 As shown on the plans D 1,500 0.60 2-7 Ri ra E 3X0 0.50 2-5 Seal concrete F5 Railroad structures;occasionally for bridge F Note 6 0.45 2-5 iers,columns,or bents F HPC Note 6 0.45 2-5 'As shown on the plans Hs Note 6 0.45 3-6 Prestressed concrete beams,boxes,piling,and concrete traffic barrier recast _9(—B PC Note 6 0.45 3-6 ;As shown on the plans S:1 4,000 0.45 2-5 113ridge slabs,top slabs of direct traffic culverts 3-7 421---035 08-09 Design Strength, Coarse Class of Maximum Min. s Aggregate General Usage •• Concrete 28-day f, W/C�nO Grades='' si S HPC 4,000 0.45 2-5 As shown on the plans P See Item 360 0.45 2-3 Concrete pavement DC 5,500 0.40 6 Dense conc.overlay CO 4,600 0.40 6 Conc.overlay LMC 4,000 0.40 6-8 Latex-modified concrete overlay .. SSS 3,600' 0.45 4-6 Slurry displacement shafts,underwater drilled shafts K Note 6 0.45 1 Note 6 INote 6 HES Note 6 0.45 1 Note 6 INote 6 .. 1.Maximum water-cement or water-cementitious ratio by weight. 2.Unless otherwise permitted,do not use Grade 1 coarse aggregate except in massive foundations with 4-in.minimum clear spacing between reinforcing steel bars.Do not use Grade 1 aggregate in drilled shafts. 3.Unless otherwise approved,use Grade 8 aggregate in extruded curbs. 4.For information only. 5.Structural concrete classes. 6.As shown on the plans or specified. 7.Use a minimum cementitious material content of 6501b/cy of concrete.Do not apply Table 6 over design requirements to Class SS concrete. Article 421A.A. Classification and Mix Design,Table 6 Over Design to Meet Compressive Strength Requirements.Footnote 3 is supplemented by the following: For Class K and concrete classes not identified as structural concrete in Table 5 or for Class C concrete not used for bridge-class structures,the Engineer may designate on the plans an alternative over-design requirement up to and including 1,000 psi for specified strengths less than 3,000 psi and up to and including 1,200 psi for specified strengths from 3,000 to 5,000 psi. Article 421.4.A.1. Cementitious Materials is supplemented by the following: The upper limit of 35%replacement of cement with Class F fly ash specified by mix design Options 1 and 3 may be increased to a maximum of 45%for mass placements,high performance concrete, and precast members when approved. Article 421.4.A.3. Chemical Admixtures is supplemented by the following: When a corrosion-inhibiting admixture is required, use a 30%calcium nitrite solution.The corrosion-inhibiting admixture must be set neutral unless otherwise approved.Dose the admixture at the rate of gallons of admixture per cubic yard of concrete shown on the plans. Article 421.4.A.4 Air Entrainment is voided and replaced by the following: Air entrain all concrete except for Class B and concrete used in drilled shafts unless otherwise shown on the plans.Unless otherwise shown on the plans,target an entrained air content of 4.0% �- for concrete pavement and 5.5%for all other concrete requiring air entrainment.To meet the air- entraining requirements, use an approved air-entraining admixture.Unless otherwise shown on the plans, acceptance of concrete loads will be based on a tolerance of t 1.5% from the target air content. If the air content is more than 1.5 but less than 3.0%above the target air,the concrete 4-7 421---035 08-09 may be accepted based on strength tests. For specified concrete strengths above 5,000 psi, a reduction of 1%is permitted. Article 421.4.A Table 7 Air Entrainment is voided. �. Article 421.4.A.6. Mix Design Options.The first and second paragraphs are voided and replaced by the following: For structural concrete identified in Table 5 and any other class of concrete designed using more than 520 lb. of cementitious material per cu.yd., use one of the mix design Options 1-8 shown below,unless otherwise shown on the plans. For concrete classes not identified as structural concrete in Table 5 and designed using less than 520 lb.of cementitious material per cu.yd., use one of the mix design Options 1-8 shown below, except that Class C fly ash may be used instead of Class F fly ash for Options 1, 3, and 4 unless sulfate-resistant concrete is shown on the plans. Do not use mix design Options 6 or 7 when High Performance Concrete(HPC) is required. Option 8 may be used when HPC is required provided: a minimum of 20%of the cement is replaced with a Class C fly ash;Tex-440-A, "Initial Time of Set of Fresh Concrete"is performed during mix design verification;the additional requirements for permeability are met; and the concrete is not required to be sulfate-resistant. Article 421.4.A.6.b. Option 2 is voided and replaced by the following: b. Option 2.Replace 35 to 50%of the cement with GGBFS or MFFA. Article 421.4.A.6.c. Option 3 is voided and replaced by the following: -- c.Option 3.Replace 35 to 50%of the cement with a combination of Class F fly ash, GGBFS, MFFA,UFFA, metakaolin, or silica fume;however,no more than 35%may be fly ash,and no more than 10%maybe silica fume. Article 421.4.A.6.f. Option 6 is voided and replaced by the following: E Option 6.Use lithium nitrate admixture at a minimum dosage determined by testing conducted in accordance with Tex-471-A, "Lithium Dosage Determination Using Accelerated Mortar Bar Testing."Before use of the mix, provide an annual certified test report signed and sealed by a licensed professional engineer, from a laboratory on the Department's List of Approved Lithium Testing Laboratories,certified by the Construction Division as being capable of testing according to Tex-471-A, "Lithium Dosage Determination Using Accelerated Mortar Bar Testing." Article 421.4.A.6.g. Option 7 is voided and replaced by the following: g. Option 7. When using hydraulic cement only, ensure that the total alkali contribution from the cement in the concrete does not exceed 3.5 lb. per cubic yard of concrete when calculated as follows: lb. alkali per cu.yd.=(lb. cement per cu.yd.) (%Na2 O equivalent in cement) 100 5-7 421---035 08-09 In the above calculation,use the maximum cement alkali content reported on the cement mill certificate. Do not use Option 7 when any of the aggregates in the concrete are listed on the Department's List of Aggregate Sources Excluded from Option 7 ASR Mitigation. Article 421.4.A.6.h. Option 8 is voided and replaced by the following: h. Option 8.For any deviations from Options 1-5,perform annual testing on coarse, intermediate, and fine aggregate separately in accordance with ASTM C 1567. Before use of the mix,provide a certified test report signed and sealed by a licensed professional engineer, from a laboratory on the Department's List of Approved ASTM C 1260 Laboratories,demonstrating that the ASTM C 1567 test result for each aggregate does not exceed 0.08%expansion at 14 days. Do not use Option 8 when any of the aggregates in the concrete are listed on the Department's -- List of Aggregate Sources Excluded from Option 8 ASR Mitigation. When HPC is required, provide a certified test report signed and sealed by a licensed professional engineer demonstrating that AASHTO T 277 test results indicate the permeability of the concrete is less than 1,500 coulombs tested immediately after either of the following curing schedules: • Moist cure specimens 56 days at 73°F. • Moist cure specimens 7 days at 73°F followed by 21 days at 100°F. Article 421A.B. Trial Batches is supplemented by the following: .. Once a trial batch substantiates the mix design,the proportions and mixing methods used in the trial batch become the mix design of record. Article 421A.B. Trial Batches.The fourth sentence of the second paragraph is voided and replaced by the following: Test at least one set of design strength specimens,consisting of two specimens per set,at 7-day, 28-day,and at least one additional age. Article 421A.D. Measurement of Materials,Table 9 is voided and replaced by the following: Table 9 Measurement Tolerances—Non-Volumetric Mixers Material Tolerance Cement,wt. -1 to+3 SCM wt. -1 to+3 Cement ° SCM(cumulative ww•ei in g),wt. -1 to+3 -- Water,wt.or volume t3 Fine aggregate,wt. ±2 Coarsee ate,wt. t2 Fine—coarse aggegate cumulative wei in ,,At. ±1 Chemical admixtures.wt.or volume t3 6-7 421---035 08-09 Article 421A.E.Mixing and Delivering Concrete. The first paragraph is supplemented with the following: Do not top-load new concrete onto returned concrete. �. Article 421.4.E.3.Truck-Mixed Concrete.The first paragraph is voided and replaced by the following: Mix the concrete in a truck mixer from 70 to 100 revolutions at the mixing speed designated by the manufacturer to produce a uniform concrete mix.Deliver the concrete to the project in a thoroughly mixed and uniform mass and discharge the concrete with a satisfactory degree of uniformity.Additional mixing at the job site at the mixing speed designated by the manufacturer is allowed as long as the requirements of Section 421.4.A.5,"Slump"and Section 421.4.E, "Mixing and Delivering Concrete"are met. 7-7 421---035 08-09 2004 Specifications SPECIAL PROVISION 424---002 Precast Concrete Structures (Fabrication) For this project, Item 424, "Precast Concrete Structures(Fabrication),"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 424.3. Construction,Section B.Fabrication,Section 4. Quality of Concrete.The first paragraph is voided and replaced by the following: Provide concrete in accordance with Item 421, "Hydraulic Cement Concrete,"except for the following: • Air-entrained concrete will not be required in precast concrete members, 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,"for all precast concrete members. • Do not use mix design Options 6, 7, or 8 from Section 421.4.A.6.,"Mix Design Options"for all precast concrete members. For each type of structure or unit,use the class of concrete shown on the plans or in the pertinent Item. 1-1 424---002 06-09 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. 428---001 09-08 2004 Specifications SPECIAL PROVISION 434---003 Elastomeric Bridge Bearings For this project,Item 434, `Elastomeric Bridge Bearings,"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 434.1.Description.The third bullet is voided and replaced by the following: Sliding Elastomeric Bearings. Consisting of a steel top(sole)plate with a stainless steel facing(upper component)bearing on a lower component.The lower component may be either a layer of polytetrafluoroethylene(PTFE)bonded to a preformed fabric pad or a layer of PTFE recessed and bonded to a steel plate that is vulcanized to the top of a laminated elastomeric bearing pad with or without special components(steel guide bars and bottom plate). - Article 434.2.Materials,Section A. Plain and Laminated Elastomeric Bearings,Section 1. Elastomer.The fifth paragraph is voided and replaced by the following: Plain sample bearings must measure 9 in. 19 in. 1 in.with 70-durometer hardness. Laminated sample bearings must measure 9 in. 14 in. 1-1/2 in.with the following number of steel laminates: • 50 durometer--3 steel laminates, Y • 60 durometer--2 steel laminates, and e 70 durometer--2 steel laminates. Article 434.2.Materials,Section A. Plain and Laminated Elastomeric Bearings is supplemented by the following: 5. Coatings.Provide coating materials as required in accordance with Item 445, "Galvanizing,"and Item 446, "Cleaning and Painting Steel." Article 434.2.Materials, Section B. Sliding Elastomeric Bearings, Section 1.Lower Component,Section b.PTFE.The second sentence is voided and not replaced. Article 434.2.Materials, Section B. Sliding Elastomeric Bearings, Section 1.Lower Component is supplemented by the following: c. Laminated Elastomeric Bearing Pad. Furnish laminated elastomeric bearing pads produced by a manufacturer prequalified by the Construction Division.Provide elastomer for laminated elastomeric bearing pads in accordance with Section 434.2.A.1, "Elastomer." Provide steel laminates for laminated elastomeric bearing pads in accordance with Section 434.2.A.2, "Steel Laminates."Provide steel plates for laminated elastomeric bearing pads in accordance with Section 434.2.A.3, "Steel Top Plates." 1-4 434---003 01-06 Article 434.2. Materials,Section B. Sliding Elastomeric Bearings is supplemented by the following: 4. Coatings.Provide coating materials as required in accordance with Item 445, "Galvanizing,"and Item 446, "Cleaning and Painting Steel." Article 434.3. Construction, Section A.Plain and Laminated Elastomeric Bearings,Section 4.Field Methods.The second paragraph is voided and replace by the following: Field-weld as required in accordance with Item 448, "Structural Field Welding."Do not damage the elastomer when welding near bearings.Replace bearings damaged by field welding at the Contractor's expense. Article 434.3 Construction,Section B. Sliding Elastomeric Bearings is voided and replaced by the following: B. Sliding Elastomeric Bearings.Before fabrication of sliding elastomeric bearings, prepare and submit clear and legible shop drawings for the complete assembly in accordance with the plans and Section 441.3.A.6.b(2), "Non-Bridge Structures."Provide a bearing layout with the shop drawings. Attach the stainless steel sheet to the steel top(sole)plate by continuous fillet-welding around the edges with an approved welding electrode.Do not extend the weld above the sliding surface.Protect the sliding surface from weld spatter.Provide the finished stainless surface flat to a tolerance of 1/32 in.After attachment to the steel plate,polish the stainless steel sheet to a bright minor finish less than 20 micro-in.rms, and solvent-clean to remove .. traces of polishing compound. For lower components with laminated elastomeric bearing pads, fabricate the laminated elastomeric bearing pads according to Section 434.3.A, "Plain and Laminated Elastomeric Bearings."Vulcanize the laminated elastomeric bearing pad to the PTFE faced steel plate. Machine the steel plate recessed surface flat to a tolerance of 1/32 in.and within 1/32 in.of required depth.Bond the PTFE material to the steel plate recessed surface with an approved adhesive.Fit the PTFE material into the recessed surface with not more than 1/32-in.gaps around the perimeter. For lower components with preformed fabric pads, provide preformed fabric pads within the following tolerances from plan dimension: • length and width: +1/4 in., -0 in., and .. • thickness: +/-5%. Bond the PTFE material to the preformed fabric pad using approved adhesive methods or by vulcanizing through an appropriate polychloroprene interlayer. Perforin required welding in accordance with Item 441, "Steel Structures."Manufacture guide bars when required so that adjacent top and bottom bar surfaces are parallel to within "- 1/16 in. in the assembled position.The tolerance for diameter of anchor bolt holes is +1/8 in., -0 in.The maximum deviation for flatness of steel top(sole)plates,except at stainless steel attached surfaces, is 1/16 in. in any 24 in. ._ 2-4 434---003 01-06 1. Markings.Mark the bearing type on the surface of each sliding elastomeric bearing. The marking must remain legible until placement in the structure. Permanently mark the laminated elastomeric bearing pad with the information specified in Section 434.3.A.1, "Markings." 2. Testing and Acceptance.For lower components with laminated elastomeric bearing pads,test a minimum of 10%of the sliding elastomeric bearing assemblies to an average compressive strength of 2,250 psi or a stress approved by the Engineer.Provide calibrated equipment per ASTM E 4 for this compression testing.No tested sliding elastomeric bearing may show visible damage to the PTFE or stainless steel surfaces nor evidence of bond failure between the: • PTFE faced steel plate and laminated elastomeric bearing pad, • steel laminates and elastomer within the laminated elastomeric bearing pad, and • steel plate and PTFE. ' Perform check tests if necessary on the steel, laminated elastomeric bearing pads, preformed fabric pads, or PTFE material to verify the properties required under Section 434.2.B, "Sliding Elastomeric Bearings." Bearings represented by test specimens passing the requirements of this Item will be approved for use in the structure subject to on-site inspection by the Engineer for visible �.. defects. a. Lower Component.Manufacture 1 additional bearing lower component for testing purposes.After bearings have been manufactured for a project,notify the �. Construction Division, which will sample a bearing lower component at random from the lot.The Construction Division will perform a 90°peel test(adhesion test) to ensure that the sample meets a minimum required peel strength of: • 20 lb. per inch between the PTFE material and steel plate when tested per Tex 601-J, and • 25 lb. per inch between the PTFE material and preformed fabric pad when tested per ASTM D 429,Method B. The Construction Division will also determine adhesion between the PTFE faced steel plate and laminated elastomeric bearing pad per Tex-601-J. b. Documentation.Furnish copies of certified mill test reports for the steel top(sole) plate, stainless steel,PTFE faced steel plate, and any required steel special components.Provide a manufacturer's certification that the preformed fabric pad and PTFE material meet the requirements of this Item.Furnish certified laboratory test results on the elastomer properties of each batch or lot of compound for laminated elastomeric bearing pads. 3. Storage. Store sliding elastomeric bearings horizontally in a dry, sheltered area. -- Provide moisture-and dust-resistant wrapping maintained in good condition until installation. Lift bearings only from the undersides. Protect bearings from damage, dirt, oil, grease,and other foreign substances. 3-4 434---003 01-06 ow 4. Field Methods.Provide concrete surfaces for bearing areas under sliding elastomeric bearings in accordance with Section 420.4.1-1,"Treatment and Finishing of Horizontal Surfaces Other Than Bridge Slabs." Field-weld as required in accordance with Item 448, "Structural Field Welding."Avoid damage to the laminated elastomeric bearing pad or preformed fabric pad when welding .. near bearings. Bearings damaged by field welding will be replaced by the Contractor at the Contractor's expense. Article 434.5.Payment,Section B. Sliding Elastomeric Bearings is voided and replaced by �. the following: B. Sliding Elastomeric Bearings.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"Sliding Elastomeric Bearing"of the type specified.This price is full compensation for the stainless steel faced top plate, the PTFE faced steel plate vulcanized to �. the top of a laminated elastomeric bearing pad or the PTFE.faced preformed fabric pad,the steel special components,the anchor bolts required to connect the bearing between superstructure and substructure; installation; and tools, equipment, labor, and incidentals. 4-4 434---003 01-06 2004 Specifications SPECIAL PROVISION 440--002 Reinforcing Steel For this project, Item 440, "Reinforcing Steel,"of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 440.2. Materials, Section G.Mechanical Couplers is voided and replaced by the following: When mechanical splices in reinforcing steel bars are shown on the plans, use couplers of the ® type specified in DMS-4510,"Mechanical Couplers,"under the section"General Requirements." Furnish only couplers that have been produced by a manufacturer that has been prequalified in accordance with DMS-4510.Do not use sleeve-wedge type couplers on coated reinforcing. Sample and test couplers for use on individual projects in accordance with DMS-4510.Furnish couplers only at locations shown on the plans. Article 440.3. Construction, Section D. Splices. The fifth bullet is voided and replaced by the following: �. For box culvert extensions with less than 1 ft. of fill, lap the existing longitudinal bars with the new bars as shown in Table 5. For extensions with more than 1 ft. of fill, lap at least 1 ft. 0 in. 1-1 440---002 06-09 2004 Specifications SPECIAL PROVISION 441---006 Steel Structures For this project, Item 441,"Steel 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 441.3,"Construction," Section A,"General Requirements," Section 1,"Applicable Codes,"is voided and replaced by the following: Perform all fabrication in accordance with AASHTO/NSBA Steel Bridge Collaboration S2.1, including fabrication of non-bridge members.Follow all applicable provisions of the appropriate AWS code(D1.5 or D1.1)except as otherwise noted in the plans or in this Item. Weld sheet steel (thinner than 1/8 in.) in accordance with ANSI/AWS D1.3, Structural Welding Code—Sheet .. Steel.Unless otherwise stated,requirements of this Item are in addition to the requirements of S2.1.In case of a conflict between this Item and S2.1, follow the more stringent requirement. Perform all bolting in accordance with Item 447,"Structural Bolting." Article 441.3,"Construction," Section A,"General Requirements," Section 5, "Qualification of Plant,Laboratories,and Personnel," Section b,"Nondestructive Examination (NDE),"is voided and replaced by the following: Personnel performing NDE must be qualified in accordance with the applicable AWS code. Current certification in accordance with ASNT SNT-TC-IA is required for an inspector to be considered qualified. Testing agencies and individual third-party contractors must also successfully complete periodic audits for compliance, performed by the Department. In addition, ultrasound technicians must pass a hands-on test administered by the Construction Division.A technician who fails the hands-on test must wait 6 months before taking the test again. Qualification to perform ultrasonic testing for the Department will be revoked when the technician's employment is terminated, and recertification based on a new hands-on test will be required. Article 4413,"Construction,"Section A,"General Requirements," Section 9,"Inspection." The second paragraph is voided and replaced by the following: Provide the Inspector with the helpers and equipment needed to move material to allow inspection. QC is solely the responsibility of the Contractor.The Contractor must have a QC staff qualified in accordance with the applicable AWS code. Welding inspectors must be current AWS Certified Welding Inspectors.The QC staff must provide inspection of all materials and workmanship prior to inspection by the Department. 1-2 441---006 02-10 Article 4413,"Construction," Section B, "Welding," Section 5,"Nondestructive Examination (NDE)," Section c, "Magnetic Particle Testing."The first sentence is voided and not replaced. Article 441.3,"Construction," Section D,"Dimensional Tolerances,"Section 2,"Flange Straightness."The second sentence is voided and replaced by the following: Rolled material must meet this straightness requirement before being laid out or worked. Article 4413,"Construction," Section D,"Dimensional Tolerances," Section 3,"Alignment of Deep Webs in Welded Field Connection."The first sentence is voided and replaced by the following: For girders 48 in.deep or deeper,the webs may be slightly restrained while checking compliance with tolerances of S2.1 for lateral alignment at welded field connections. Article 441.3,"Construction," Section D,"Dimensional Tolerances," Section 4,"Bearings," Section c,"Shoes," is supplemented by the following: • For a pin and rocker type expansion shoe,the axis of rotation coincides with the central axis �- of the pin. • When the shoe is completely assembled,as the top bolster travels through its full anticipated range,no point in the top bolster plane changes elevation by more than 1/16 in. and the top bolster does not change inclination by more than 1 degree, for the full possible travel. Article 441.3,"Construction," Section D,"Dimensional Tolerances," Section 4, "Bearings," is supplemented by the following: d. Beam supports.Fabricate beam support planes true to the box girder bearing to 1/16 in. in the short direction and true to the vertical axis of the nesting girders to 1/16 in. Article 4413,"Construction," Section G,"Shop Assembly," Section 1,"General Shop Assembly."The first paragraph is voided and replaced by the following: 1. General Shop Assembly. Shop-assemble field connections of primary members of trusses, •• arches, continuous beam spans,bents, towers(each face), plate girders, field connections of floor beams and stringers(including for railroad structures), field-bolted plate diaphragms for curved plate girders and railroad underpasses, and rigid frames.Field-bolted crossframes and rolled- _. section diaphragms do not require shop assembly. Complete fabrication,welding(except for shear studs), and field splice preparation before members are removed from shop assembly. Obtain approval for any deviation from this procedure.The Contractor is responsible for accurate geometry. 2-2 441---006 02-10 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 447--002 Structural Bolting For this project, Item 447, "Structural Bolting,"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 447. Section 4. Construction, Section C.Preparation of Faying Surfaces. The second paragraph is voided and replaced by the following: Perform blast-cleaning or painting of faying surfaces in accordance with Item 446, "Cleaning and Painting Steel."Provide an SSPC-SP 10 blast cleaning prior to shipment if surfaces to be in contact after final bolting will be left unpainted.Do not wire-brush uncoated faying surfaces. Roughen galvanized faying surfaces by hand wire-brushing.For main girder splices,perform a brush-blast to provide an SSPC-SP 6 finish not sooner than 48 hours prior to assembling the connection unless otherwise approved. Article 447.4. Construction,Section D.Bolt Installation,Section 3.Tension Bolts is supplemented by the following: Tension all bolts in a connection within 10 days of installation. Bolts not tensioned within 10 days of installation are subject to field R-C testing.Relubricate or replace any installed bolts that do not have sufficient lubrication as determined by the field R-C test. Article 447.4. Construction,Section E. Bolt Tensioning,Section 1. Turn-of-the-Nut Method,Table 2.Note 1 below Table 2 is voided and replaced by the following: 1.Nut rotation is relative regardless of the element(nut or bolt)being turned.The tolerance is —0°,+30° for bolts installed by 1/2 turn or less and—0°,+45° for bolts installed by 2/3 turn or more. 447---002 10-05 2004 Specifications SPECIAL PROVISION 448---002 Structural Field Welding For this project, Item 448,"Structural Field Welding,"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 448.3 Equipment is voided and replaced by the following: Provide electrode drying and storing ovens that can maintain the required temperatures specified in Section 448A.C.1, "Electrode Condition." Each oven must have a door that is sealed and can be latched. Each oven must have a small port that may be opened briefly to insert a thermometer or the oven must be equipped with a thermometer that allows for direct reading of temperature inside the oven without opening the oven. Provide equipment able to preheat and maintain the temperature of the base metal as required and as shown on the plans. Provide approved equipment,temperature indicator sticks, infrared thermometer,etc., for checking preheat and interpass temperatures at all times while welding is in progress. Provide welding equipment meeting the requirements of the approved welding procedure specifications(WPS), if required, and capable of making consistent high-quality welds. Article 448.4.B.2.Certified Steel Structures Welder.The second bulleted item is voided and ., replaced by the following: • Use metal for test plates that meets Item 442,"Metal for Structures,"with a minimum yield point of 36 ksi. The minimum width of test plate must be sufficient to accommodate �. the radiograph inspection of 6 continuous inches of the weld, not counting the ends of the weld. -- Article 448.4.C.5.Welding Practice.The second paragraph is voided and replaced by the following: Use the stringer-bead technique where possible for groove welds. In vertical welding passes, progress upward using a back-step sequence keeping the end of the low-hydrogen electrode contained within the molten metal and shield of flux,unless the electrode manufacturer's specifications indicate otherwise Article 448.4.C.7.Radiographic Inspection is supplemented by the following: Meet the requirements specified in Section 441.3.B.5.a, "Radiographic Testing"for radiograph film quality. 1-1 448---002 06-09 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 I%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. Article 500.3.Payment is supplemented by the following: 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. 1-1 500-005 03-08 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." .� 1-1 502---033 10-07 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% 1-1 506---010 05-07 2004 Specifications SPECIAL PROVISION 620---001 Electrical Conductors For this project, Item 620, "Electrical Conductors,"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 620.2 Materials. The fourth and fifth paragraphs are void and replaced by the following: Use white insulation for grounded(neutral)conductors, except that grounded conductors AWG No. 4 and larger may be black with white tape marking at every accessible location.Do not use white insulation or marking for any other conductor except control wiring specifically shown on the plans. Ensure that insulated grounding conductors are green except that insulated grounding conductors AWG No.4 and larger may be black with green tape marking at every accessible location.Do not use green insulation or marking for any other conductor except control wiring specifically shown on the plans. 1-1 620---001 09-04 2004 Specifications SPECIAL PROVISION -- 628---001 Electrical Services For this project, Item 628, "Electrical Services,"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 628.5.Payment,A.Installation is voided and replaced by the following: A. Installation.Except as provided for in the following paragraph,this price is full compensation for paying all fees,permits, and other costs;making arrangements with the utility company for all work and materials provided by the utility company; furnishing, installing, and connecting all components including poles, service supports, foundations, anchor bolts, riprap, enclosures, switches,breakers,conduit(from the service equipment including the elbow below ground), fittings, conductors(from the service equipment including the elbow below ground), brackets, bolts, hangers, and hardware;and equipment, labor,tools, and incidentals. �. Costs for utility-owned power line extensions,connection charges, and meter charges will be paid for by the Department. The Department will reimburse the contractor only the amount billed by the utility plus bond cost.No additional compensation will be paid for overhead, superintendence,profit, administrative costs,or supervision of the utility's work. 1-1 628---001 08-09 TXDOT SPECIAL SPECIFICATIONS 2004 Specifications CSJ 7107-09-004 SPECIAL SPECIFICATION 4488 Stress Ribbon 1. Description.Furnish, store, and handle post-tensioning materials and perform post- tensioning of stress ribbon steel. For this Item,the following definitions apply: • Post-Tensioning. The application of post-tensioning force to the stress ribbon .. steel after the stress ribbon steels are in place and securely anchored to the supporting structures. • Stress Ribbon Steel.A steel plate used to apply post-tensioning force to support the precast deck units. • Post-Tensioning System. A complete stress ribbon steel with bearing plates, butt plate, splice plates,flange plates, steel shims,built-in parts,neoprene pads, structural bolts,coating materials, and all other necessary hardware. Stressing sequence of post-tensioning system shall be in accordance to the plans. 2. Materials.Unless noted otherwise on the plans, furnish materials that meet requirements of the following Items: • Item 420, "Concrete Structures" • Item 434, "Elastomeric Bridge Bearings" • Item 442, "Metal For Structures" • Item 446,"Cleaning and Painting Steel" • Item 447,"Structural Bolting" • Item 448; "Structural Field Welding" A. Post-Tensioning Hardware.Furnish post-tensioning hardware that meets the manufacturer's specifications and requirements as specified on the plans. B. Stress Ribbon Steel.Furnish stress ribbon steel conforming to the following type: ASTM A 55Z ,. P-8"x 1 3/4"AJS4:?v4-A--_',-94, grade 70 steel plate. No alternative material is allowed unless approved by the engineer of record. C. Post-Tensioning System.Furnish a post-tensioning system as required by this Item and the plans.The system must provide the magnitude and distribution of post-tensioning force and ultimate strength required by the plans without exceeding allowable temporary stresses of the steel plates and the supporting structures. .. 14 4488 09-09 3. Equipment. .. Post-Tensioning Equipment. Unless noted otherwise on the plans,provide post- tensioning equipment, as required, in accordance with Item 426,"Prestressing." 4. Construction.Before stressing, furnish certified copies of load calibration curves on all jacks and gauge systems to be used in the work. A. Required Submittals. Submit the post-tensioning details on 11 in. 17 in. sheets. Design calculations may be on standard letter-size sheets. Submit 7 sets of the post-tensioning details and 3 sets of design calculations for approval. 1. Design Calculations. Provide design procedures,coefficients, allowable ° stresses, and stress ribbon steel details in accordance with the AASHTO LRFD Bridge Design Specifications unless otherwise shown on the plans. Submit sufficient calculations to support the proposed system and method of post-tensioning including friction loss and seating loss diagrams. When the required jacking force is furnished as shown on the plans,do not submit design calculations except to adjust for conditions different from those shown on the plans. 2. Post-Tensioning Details.Provide drawings with details of steel ribbon with bearing plates, butt plate splice plates, flange plates,steel shims, built-in -- parts, neoprene pads;jacking forces; lubrications; seating loss;end anchorage systems; stress steel ribbon profile;total elongation;measurable elongation;and other information necessary to complete the work.Adjust calculations for elongation based on the modulus of elasticity given for the stress ribbon steel or,when a bench test is specified,the apparent modulus derived from the bench test. Submit a numbered layout and a step-by-step stressing sequence for the stress ribbon steel.Make complete provisions for each stressing operation beginning with stress ribbon steel installation and ending with removal of any excess material.Furnish all stress ribbon stressing data for each structure in tabular form. Include in the post-tensioning details the final profile of the stress ribbon steel. Submit post-tensioning details reflecting the following general tensioning procedure, modified for this particular installation: • Do not allow the modulus of elasticity to vary by more than 1% • Tension the stress ribbon steel in the sequence designated in the approved post-tensioning details. • Apply initial tension,to take the slack out of the stress ribbon steel, between 10%and 20%of the final load. • Reference-mark the tendons to determine elongation after the initial tensioning. • Measure the elongations to determine stress ribbon steel acceptance after tensioning to the specified jacking force. Anchor stress ribbon steel after acceptance. 2-4 4488 09-09 B. Project Samples. 1. Stress Ribbon Steel Samples.Unless otherwise shown on the plans,the Department will sample and test stress ribbon steel for ultimate strength. M— These samples will be taken according to Tex-710-I. Submit a certification stating the manufacturer's guaranteed ultimate tensile strength and modulus of elasticity with each stress ribbon steel sample. If the test results indicate the need for check tests, furnish additional samples without cost to the Department. C. Packaging,Storing,and Handling of Stress Ribbon Steel. Protect stress ribbon steel against physical damage and rust or other results of corrosion, from manufacture to final installation. Stress ribbon steel with physical damage and rust or other results of corrosion will be rejected. Package stress ribbon steel in containers or shipping forms for protection from physical damage and corrosion during shipping and storage.A corrosion inhibitor must be: • placed in the package or form, • incorporated in a corrosion inhibitor carrier type packaging material, or • applied directly to the steel when permitted. The corrosion inhibitor must not have deleterious effect on the steel, concrete, Inhibitor carrier-type packaging material must conform to the provisions of federal specification MIL-PRF-3420G. Immediately replace damaged packaging or forms,or restore them to original condition. Have the shipping package or form clearly marked with the corrosion inhibitor type,packaging date, and a statement that the package contains high-strength stress ribbon steel. Handle stress ribbon steel carefully to avoid abrading,nicking, or kinking. Protect stress ribbon steel from damage and corrosion by storing it above the ground on platforms, skids, or other approved supports.Any pitting or tightly adhering rust on stress ribbon steel will be cause for rejection of the steel.Do not weld or torch-cut near any stress ribbon steel, so that it is not exposed to weld spatter,direct heat, or short-circuited current flow. D. Installation for Stress Ribbon Steel. Field weld stress ribbon steels. Weld materials and size shall be according to the plans.Unless otherwise noted on the plans,welds shall be inspected per Item 448,"Structural Field Welding". Securely tie stress ribbon steel in position, and carefully inspect and repair as necessary before stressing.After stressing,the final ribbon profile shall be in vertical and horizontal tolerance of f1/4 in,after adjusted for dead load deflections from the bridge deck. If an additional post-tensioning force of more than 15%of specified initial post-tensioning force is required, approval from engineer of record is required. E. Stress Ribbon Steel Coating.Unless otherwise noted on the plans,provide .� coating materials, as required, in accordance with Item 446, "Cleaning and Painting Steel." 3-4 4488 09-09 F. Field Welding.Unless otherwise noted on the plans, field welding of stress ribbon steel, as required, shall be in accordance with Item 448, "Structural Field Welding." 5. Measurement.This Item will be measured by the pound of Stress Ribbon Steel furnished and placed in a complete structure not including the weight of end anchorages,bearing plates,bolts,paint, or weld metal,which are considered subsidiary to this pay item. This is a plans quantity measurement Item. The quantity . to be paid is the quantity shown in the plans. Additional measurements or calculations will be made if adjustments of quantities are required. The maximum percent variance from the plans quantity for which no adjustment will be made will ... be as shown in Table 1.If the Engineer approves requests for increases in sizes or weights of members,measurement will be made on the sizes or weights shown on the revised plans. Table 1 Percent Variance Plans Quanti Percent > 1,000,000 lb 1/2 100,000 lb—1,000,000 lb 1 < 100,000 lb. 1-1/2 6. Payment.The work performed and materials furnished in accordance with this Item -. and measured as provided under"Measurement"will be paid for at the unit price bid for"stress ribbon steel".This price is full compensation for stress ribbon steel, fabrication,transportation, erection,post-tensioning,end anchorages,bearing plates, equipment, labor, materials,tools, and incidentals.Materials furnished for testing will not be paid for directly. 4-4 4488 09-09 2004 Specifications CSJ 0902-48-698 SPECIAL SPECIFICATION 4490 Prefabricated Deck Unit 1.Description.Fabricate and install prefabricated deck units on stress ribbons. - 2.Materials. Use materials that meet requirements of the following Items: • Item 420, "Concrete Structures" -- • Item 421, "Hydraulic Cement Concrete" • Item 424, "Precast Concrete Structures(Fabrication)" • Item 434, "Elastomeric Bridge Bearings" • Item 440, "Reinforcing Steel" • Item 442, "Metal for Structures" • Item 447, "Structural Bolting" 3.Design.The deck unit details are shown on the plans. If the details are altered,the contractor is responsible for the new design and the cost associated with it.The new design shall be signed and sealed by a professional engineer registered in the State of Texas. In such case, shop drawing shall be submitted and approved by the engineer of record. 4.Fabrication.Fabrication shall be in accordance with Item 424. 5. Construction.Install the prefabricated deck unit in accordance with the following Items: • Item 420, "Concrete Structures" • Item 424, "Precast Concrete Structures(Fabrication)" • Item 441, "Steel Structures" 6.Measurement.This Item will be measured by the square foot of the deck units installed. — 7.Payment.The work performed and materials furnished in accordance with this Item and measured under"Measurement"will be paid for at the unit price bid for"Prefabricated Deck Unit"of the area specified.This price is full compensation for design, fabrication,transport, w- installation and final finishing; and for equipment, labor,tools, and incidentals. Installation includes but not limited to anchor plates,anchor bolts,neoprene strips, grout, locking screw and built-in parts. 1-1 4490 09-09 2004 Specifications CSJ 0902-48-698 SPECIAL SPECIFICATION 4522 Post-Tensioned Drilled Shaft Foundations 1. Description. Construct foundations consisting of reinforced concrete post-tensioned drilled shafts with or without bell footings. 2. Materials.Use materials that meet the requirements of the following Items: • Item 421,"Hydraulic Cement Concrete" • Item 440,"Reinforcing Steel" • Item 426, "Prestressing" Unless otherwise shown on the plans,use concrete for drilled shafts that meets the requirements of Table 1. Table 1 ^^" Concrete for Drilled Shafts Drilled Shaft Type Concrete Reinforced and Post-Tensioned Class F Use coarse aggregate Grade 2,3 or 4 for drilled shaft concrete. Use a water-reducing,retarding admixture in accordance with DMS-4640, "Chemical Admixtures for Concrete," in all concrete when using casing that will be pulled or when placing shafts underwater or under slurry. Use concrete with slump that meets the requirements of Table 2 as determined by Tex-415-A. Table 2 Slump Requirements Minimum Recommend Maximum Acceptable ed Design Acceptable Placement Type and Placement Placement Slump,in. Placement Slum in. Slump,in. Dry 5-1/2 6-1/2 7-1/2 Underwater and 7 8 9 under slurry When casing is to be pulled or when concrete is to be placed underwater or under slurry, perform a slump loss test in accordance with Tex-430-A before beginning work.Provide concrete that will maintain a slump of at least 4 in.throughout the entire anticipated time of •^ concrete placement. Time of concrete placement is described in Sections 998.3.F, "Concrete,"and 998.3.G,"Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods."Note the temperature of the concrete mix at the ... beginning of the slump loss test. 1-6 4522 02-10 If concrete temperature at the time of placement into the drilled shaft is more than 10° higher than the slump loss test temperature,do not place the concrete. Use ice or other concrete cooling ingredients to lower concrete temperature, or run additional slump loss tests at the higher temperatures. Slump loss testing will be waived if anticipated time of concrete placement is less than 90 minutes. Use drilling slurry that meets the requirements of Table 3,as determined by Tex-130-E. Table 3 Slurry Requirements Before Sampled from the Bottom of Introduction into the Excavation before the Excavation Concreting Specific Sand Specific Viscosity Sand .� Gravity Content Gravity (seconds Content < 1.10 < 1% < 1.15 <45 <6% Use mineral slurry consisting of processed bentonite or attapulgite clays mixed with clean fresh water. Do not use PBPA(partially hydrolized polyacrylamide)polymeric slurry or any other fluid composed primarily of a polymer solution. Before placing concrete,sample slurry from the bottom of the hole,and test it in accordance with Tex-130-E.Use a pump or air lift to remove slurry that does not meet the requirements of Table 3 while adding fresh clean slurry to the top of the hole to maintain the slurry level. Continue this operation until the slurry sampled from the bottom of the hole meets the requirements. 3. Construction.Place the shaft to within the following tolerances. • Vertical plumbness— 1 in.per 10 ft. of depth. • Center of shaft located under column—1 in. of horizontal plan position. • Center of shaft located under footing—3 in. of horizontal plan position. Complete the embankment at bridge ends before installing drilled shafts that pass through the fill.Refer to Item 423,"Retaining Walls,"for provisions for drilled shafts passing through the structural volume of retaining walls. A.Excavation.The plans indicate the expected depths and elevations for encountering satisfactory bearing material. Excavate as required for the shafts and bell footings through all materials encountered to the dimensions and elevations shown on the plans or _. required by the site conditions.Removal of man-made obstructions not shown on the plans will be paid for in accordance with Article 9.4,"Payment for Extra Work."If satisfactory founding material is not encountered at plan elevation,adjust the bottom of the shaft or alter the foundation,as determined by the Engineer,to satisfactorily comply with design requirements.Blasting is not allowed for excavations. If caving conditions are encountered, stop drilling and adopt a construction method that stabilizes the shaft walls. Do not excavate a shaft within 2 shaft diameters(clear)of an open shaft excavation,or one in which concrete has been placed in the preceding 24 hours. 2-6 4522 02-10 Dispose of material excavated from shafts and bells and not incorporated into the finished project.Dispose of excavated material in accordance with the plans and with federal, state,and local laws. Provide suitable access, lighting,and equipment for proper inspection of the completed excavation and for checking the dimensions and alignment of shafts and bell excavation. B.Core Holes.If directed,take cores to determine the character of the supporting materials.Use a method that will result in recovery of an intact sample adequate for judging the character of the founding material. Such cores should be at least 5 ft. deeper than the proposed founding grade or a depth equal to the diameter of the shaft,whichever is greater.Take these cores when the excavation is approximately complete. C.Casing.Use casing when necessary to prevent caving of the material or to exclude ground water.Provide casing with an outside diameter not less than the specified diameter of the shaft.Use casing strong enough to withstand handling stresses and pressures of concrete and of the surrounding earth or water,and that is watertight, smooth,clean, and free of accumulations of hardened concrete. Drill the portion of the shaft below the casing as close as possible to the specified shaft diameter.The portion of shaft below the casing may be as much as 1 in. smaller than the specified shaft diameter. Use construction methods that result in a minimal amount of disturbed soil being trapped outside the casing.This does not apply to temporary undersized casings used to protect workers inside shafts or to drilled shafts designed for point bearing only. Do not leave any casing in place unless authorized or shown on the plans.Do not extract casing until after placing the concrete to an appropriate level.Maintain sufficient concrete in the casing at all times to counteract soil and water pressure.Before and during concrete placement,rotate or move the casing up or down a few inches if necessary to facilitate extraction of the casing. D.Requirements for Slurry Displacement Method.Unless otherwise shown on the -- plans,the slurry displacement method may be used to construct drilled shafts.Use this method to support the sides of the excavation with processed mineral slung that is then displaced by concrete to form a continuous concrete shaft. Do not use casing other than surface casing.Do not use surface casing longer than 20 ft. without approval.Do not extract the surface casing until after placing the concrete. For slung mixed at the project site,pre-mix it in a reservoir of sufficient capacity to fill ^� the excavation and for recovery of the slung during concrete placement.Do not mix slurry in the shaft excavation or other hole.Allow adequate time for hydration of the slurry prior to introduction into the excavation. During and after drilling maintain a head of slurry in the shaft excavation at or near ground level or higher as necessary to counteract ground water pressure. Just before placing reinforcing steel,use an air lift or proper size cleanout bucket to remove any material that may have fallen from the sides of the excavation or accumulated on the bottom after the completion of drilling.Use a cleanout bucket if " material is too large to be picked up with an air lift. If concrete placement is not started within 4 hours of the completion of the shaft excavation,reprocess the hole with the auger as directed.Then clean the bottom with an air lift or cleanout bucket,and check the slung at the bottom of the hole for compliance with the slung requirements of Article 998.2, "Materials." 3-6 4522 02-10 If the slurry forms a gel before concrete placement,agitate the congealed slurry to liquefaction just before concrete placement and whenever directed. Recover and dispose of all slurry as approved by the Engineer,and in accordance with all federal,state, and local laws. Do not discharge slurry into or in close proximity to streams or other bodies of water. E.Reinforcing Steel. Completely assemble the cage of reinforcing steel and post- tensioning tendon,and place it as a unit immediately before concrete placement.The cage consists of longitudinal bars and lateral reinforcement(spiral reinforcement,lateral ties,or horizontal bands). If the shaft is lengthened beyond plan length,extend the reinforcing steel cage as follows, unless directed otherwise: • 2'-6"diameter post-tensioned drilled shaft may be spliced with threaded rebar coupler as required. Install reinforcing and post-tensioning as indicated in the drawings. Do not weld reinforcing. Tie spiral reinforcing to the longitudinal bars at a spacing of at most 24 in.,or as required -, for a stable cage. Lap splice spiral reinforcing a minimum of 48 bar diameters,as required. Provide spiral reinforcing per the drawings. Center the reinforcing steel cage in the excavation using approved centering devices. Use enough devices to hold the cage in position along its entire length.Do not use square concrete spacer blocks in cased shafts. Support or hold down the cage to control vertical displacement during concrete placement or extraction of the casing.Use support that is concentric with the cage to prevent racking and distortion of the steel. Check the elevation of the top of the steel cage before and after concrete placement or after casing extraction when casing is used.Movement of cage shall not occur during extraction. F.Concrete.Perform all work in accordance with requirements of Item 420,"Concrete -- Structures."Mass concrete placement requirements do not apply to drilled shafts. Form portions of drilled shaft that project above natural ground. Remove loose material and accumulated seep water from the bottom of the excavation before placing concrete. If water cannot be removed,place concrete using underwater placement methods. Place concrete as soon as possible after all excavation is complete and reinforcing steel is placed.Provide workable concrete that does not require vibrating or rodding.Vibrate formed portions of drilled shafts. Place concrete continuously for the entire length of the shaft.For dry shafts of 24 in. or smaller diameter, limit free fall of concrete to 25 ft.Use a suitable tube or tremie to prevent segregation of materials.Use a tube or tremie in sections to provide proper discharge and to permit raising as the placement progresses.For dry shafts over 24 in. -- diameter, concrete can be allowed to free fall an unlimited distance if it does not strike the reinforcing cage or sides of the hole during placement. When free fall is used,provide a hopper with a minimum 3-ft.-long drop tube at the top of the shaft to direct concrete ._ vertically down the center of the shaft.Do not use a shovel or other means to simply deflect the concrete discharge from the truck. For cased shafts,maintain a sufficient head of concrete at all times above the bottom of . the casing to overcome hydrostatic pressure. Extract casing at a slow,uniform rate with the pull in line with the axis of the shaft. 4-6 4522 . 02-10 Monitor the concrete level in the casing during extraction. Stop the extraction and add concrete to the casing as required to ensure a completely full hole upon casing removal. The elapsed time from the mixing of the first concrete placed into the cased portion of the shaft until the completion of extraction of the casing must not exceed the time for which the concrete maintains a slump of over 4 in. in accordance with Article 998.2, "Materials."If the elapsed time is exceeded,modify the concrete mix,the construction procedures, or both for subsequent shafts. Cure the top surface and treat any construction joint area in accordance with Item 420, "Concrete Structures." G.Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods. Place concrete on the same day that the shaft is excavated and as soon as possible after all excavation is complete and reinforcing steel is placed.Use an air lift or cleanout bucket of the proper size to clean the bottom of the excavation prior to placing the reinforcing steel cage and concrete.Place concrete through a closed tremie or pump it to the bottom of the excavation. Initially seal the tremie or pump line to positively separate the concrete from the slurry or water. Place concrete continuously from the beginning of placement until the shaft is completed.If using a tremie,keep it full of concrete and well submerged in the previously placed concrete at all times.Raise the tremie as necessary to maintain the free flow of concrete and the stability of any casing used. If using a pump,keep the discharge tube submerged in the previously placed concrete at all times. Place additional concrete to ensure the removal of any contaminated concrete at the top of the shaft. At the completion of the pour,allow the top portion of concrete to flush completely from the hole until there is no evidence of slurry or water contamination.Do not attempt to remove this concrete with shovels,pumps or other means.Level the top of shaft with hand tools as necessary. " Use a sump or other approved method to channel displaced fluid and concrete away from the shaft excavation.Recover slurry and dispose of it as approved.Do not discharge displaced fluids into or in close proximity to streams or other bodies of water.For pours over water,provide a collar or other means of capturing slurry and the top portion of concrete flushed from the shaft. If concrete placement is interrupted due to withdrawal of the submerged end of the tremie —• or pump discharge tube before completion,remove the tube,reseal it at the bottom, penetrate with the tube into the concrete already placed by at least 5 ft.,and recharge it before continuing. The elapsed time from the mixing of the first concrete placed until the completion of concrete placement, including extraction of the casing,must not exceed the time for which the concrete maintains a slump of over 4 in. in accordance with Article 998.2, .. "Materials."If the elapsed time is exceeded,modify the concrete mix,the construction procedures,or both for subsequent shafts. H.Test Load.Not required. 4. Measurement. Drilled Shaft. Drilled shaft foundations will be measured by the foot to the bottom of the shaft. Core Hole.Core holes will be measured by each core hole drilled. 5. Payment. The unit prices bid for the various classifications of drilled shafts and bell footings will be full compensation for excavation;furnishing,placing,and removing casing;furnishing,processing, and recovering slurry;pumping;furnishing,and placing 5-6 4522 02-10 ON reinforcing steel; furnishing and placing concrete,including additional concrete required to fill an oversize casing or oversize excavation;conducting slump loss tests;backfilling; disposing of cuttings and slurry;and materials,tools,equipment,labor,and incidentals. When the bottom of a drilled shaft is placed at an elevation below plan grade,no direct payment will be made for extra reinforcement placed to support the cage. The extra reinforcement will be considered subsidiary to the price bid per foot of shaft.No extra payment will be made for casings left in place. No payment will be made for"Bell Footing"or"Drilled Shaft"until the concrete has been placed. Drilled Shaft. 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 "Drilled Shaft(Post-Tensioned)"of the specified diameter,subject to the limitations for overruns authorized by the Engineer given in Section 998.5.A.1, "Overrun." 1. Overrun.Payment for individual completed shaft lengths up to and including 5 ft. in excess of the maximum plan length shaft,as defined in Section 998.5.A.2, "Maximum Plan Length Shaft,"will be made at the unit price bid per foot of the specified diameter. Payment for the portion of individual completed shaft length in excess of 5 ft. and up to and including 15 ft.more than the maximum plan length shaft, as defined in this Item, will be made at a unit price equal to 115%of the unit price bid per foot of the specified r. diameter. Payment for that portion of individual completed shaft length in excess of 15 ft.more than the maximum plan length shaft, as defined in Section 998.5.A.2,will be made at a unit price equal to 125%of the unit price bid per foot of the specified diameter. 2. Maximum Plan Length Shaft.Payment described above is subject to the following provisions for extra depth drilling: *For bridge structures,the maximum plan length shaft is the maximum length shaft, regardless of diameter,for any drilled shaft on that specific bridge. Core Hole. Core holes will be paid at$125 each. 6-6 4522 02-10 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,W 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 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. 2-2 5049 1-05 2004 Specifications CSJ 0902-48-698 SPECIAL SPECIFICATION 8405 Lighting and Electrical System 1. Description. Furnish materials, equipment and incidentals necessary to install lighting and electrical system for the Lancaster Avenue Pedestrian Bridge. 2. Materials. Provide new materials that comply with the details shown on the plans,the requirements of this Item, and the pertinent requirements of the following Items: • Item 616, "Performance Testing of Lighting Systems" • Item 618,"Conduit" • Item 620, "Electrical Conductors" • Item 624, "Ground Boxes" • Item 628, "Electrical Services" Provide new materials from manufacturers prequalified by the Department as shown on the Texas Department of Transportation's(TxDOT)material producer list. Category is"Roadway Illumination and Electrical Supplies."No substitutions will be allowed for materials found on this list. A. Electrical Service. Furnish new materials that meet NEC requirements and comply with DMS-11080, `Electrical Services." B. Conduit. Furnish new materials that comply with DMS-11030, "Conduit". C. Electrical Conductors. Furnish new materials that comply with DMS-11040, "Electrical Conductors." D. Ground Boxes. Furnish new materials that comply with DMS-11070, "Ground Boxes." E. Grounding. Provide ground rods, grounding conductors and fittings as required and sized per the NEC: • Ground conductor shall be bare tinned copper grounding conductor and sized per NEC requirements. • Ground rods shall be 10' copper-clad with minimum of 3/4"diameter. F. Light Fixtures. Provide light fixtures and accessories: 1. Fixture Type "A". Fixture shall be one of the following approved manufacturer catalog numbers. Provide mounting hardware as recommended by the fixture manufacturer. • TILTLED-30-200CM-CW-240V-CHP as manufactured by Schrdder 1-2 8405 11-09 • iW Reach Powercore 4000K,Half Unit,40° Spread as manufactured by Phillips • LT2412W25DRDVCSS as manufactured by Holophane 2. Fixture Type`B". Fixture shall be one of the following approved manufacturer catalog numbers. Provide mounting hardware as recommended by the fixture manufacturer. • NOCTIS/LINEA-DIRECT-40CM-CW-240VOLT as manufactured by Schreder • ETR149—LED as manufactured by WE-EF Lighting USA • LT246WW45DSDVFA6 LT6912GRS LTILC as manufactured by Holophane. G. Electronic Timer: Provide an Astronomic 7-day time switch capable of switching two circuits independently. The timer shall operate on 120V, 60Hz. The lighting circuits shall be installed in such a manner that the photocell switches the lights per TxDOT light level specifications during the active park hours. The electronic timer shall switch off the lights during hours when the park is closed. Coordinate with the Owner's representative for exact switching schedule. H. Equipment Mounting: Provide galvanized steel plate and galvanized steel unistrut supports as required for mounting equipment as indicated on plans. 3. Construction. Perform work and install new material in accordance with the details shown .. on the plans, and the requirements of this Item. Ensure components of the electrical system meet the requirements of the Electrical Detail Standards.Follow the NEC and local utility company requirements when installing the electrical equipment. Coordinate the utility companies' work _. for providing service 4. Measurement. This item will be measured as a lump sum. 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"Lighting and Electrical System". This price is full compensation for furnishing and installing the electrical service,astronomical 7-day time switch,photocell, conduit,conductors,ground boxes, ground rods,all Type"A"and Type`B"light fixtures, all materials,equipment, labor,tools, and incidentals necessary to provide a fully functional lighting and electrical system as shown on the plans. 2-2 8405 11-09 USDOT SPECIAL PROVISIONS FNMA-1273 Eucaon a-*won--Wron 10 1994 REQUIRED CONTRACT PROVISIONS FEOERAL4W CONSTRUCTION CONTRACTS Page r^8 Sele eftn of Labor: During the performance of this contract,the I. General ... ........ ......I...,.............. f contractor shah not: It. Nondiscrimination ... ..... 1 Ill. Nonsegregated Facilities ............. . ......... 3 a. discriminato against labor nom any other State,possession, IV. Payment of Prodstarmined Minimum Wags.....,..... 3 or territory of the United States(except for smploymeM preference for V. State"Wi is and Payrolls ........................ 6 Appalachian Contracts,when appgcable,as specified In Aitachrnant A), VI. Recard of Materials,Supple,and Labor ............ 8 or ,.. VII. Subletting or Assoft tie Contract ,............... 7 VIII. Safety: Accident Prevention ...................... 7 b. employ convict labor for any purpoas within the limb of the IX. False Statements Conraming Hlgftmy Projects ....... 7 project unless N is labor performed by convicts who are on parole, X. ItpiernsrtdNan of Clan At Act and Federal supervised release,or p abadort. Water Pollution Control Act ......... ............. B *� )U. Certification Regarding Debarment,Suspensor, Ineligibility,end Voluntary Exclusion ................ 5 L NONDISCRIMINATION XII. Carti}icatbn Regmdktg Use of Contract Funds far Lobbying ,......................... S (Applicable to all Federal-aid construction contracts and to al related subcontracts of$10,000 or mors.) ATTACHMENTS 1. Equal EnW Oppoirtuinitr. Equal winpiloyment opportu- A. Emplvyrnntt Preference for Appalachian Contracts r*y (EEO) requirements not to dhdhhinsts and to We aNkmative (Included in Appalachian contracts Duty} action to assure equal opportunity as sat fond under taws,executive orders,rules,regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modOW by the provisans 1. GENERAL prescribed herein, and imposed pursuant to 23 U.S.C. 140 shag constitute the EEO and specific aff rinadw action standards for the 1.These colt provisions shall appy to al work performed on the cordracWs project actirrftia undwtttia rar&od Ths Equal Opportunity contract by the contractors own agw tstioa and wRh the aselstsnce of Constnx tion Contract Spoditstions set f 0 under 41 CFRM4.3 and workers under the contractor's immediate suparintendence and to al the provisions of the American Dlabitiles Act of 1980 (42 U.S.C. work perlonrad on the eonbad by piecework, a1 1:19 t watt, or by 12101 at M.)set forth under 28 CFR 35 and 29 CFR 1830 are subcontract. lncorporatsd by nNsrenoe in this contract. In the execution of this contract,the cont ector'-p -to comply with I»following minimum 2. Except as otherwas provided for In each section,this contractor specific requirement activities of EEO: shall Insert M aeon subcontract all of the stipulations contained In these Required Conrad Pravisiorw.and further require their inclusion in any a. The contradorwll work with the State highway agency(SMA) lower der subcontract or purchase order that may in hen be made. The and the Federal Gavrrnw ret in carrying out EEO obligations and in their Regttlred Contract Provisions shad not be incorporated by reference in review of hiaAlsr ocilvities under the contract. any case. The prune contractor shag be rssponeM for compliance by any subcontractor or kSwsr tier subcotrttactor with thea Required b.The cantractor will accept es tth operstkng policy the following Contract Provision. statement 3. A breach of any of the stipulations contained In IMss Required "It Is the policy of this Company to assure that applicants are Contract Pmvlslons shall be sufficient grounds for terrnins#ion of the employed,and that employees ere treated during employment, contraa without regard to 0wk race,religion,sir,color,national origin,no or disablNty. Such action WWI ktduds:employment,upgrading, 4. A breach of the folmAng douses of the Required Conrad demotion,ortransfer;recrultrnerit or recRArnent advertising;layoff Provisions may also be grounds for dabarrrnM ss provided in 29 CFR or tsrtratstbn;rates of pay or other forms of compensation;and 5.12: selection fortraining,Including appreniceship,pi rentp, andlar on-the-job training.' Section 1,paagraph 2; Section f V,paragraphs 1,Z 3,4,and 7; 2 EEO Often The contracts will designate and maim known to Section V.pw agnipls 1 end 2a through 2g- the SHA contracting affkers an EEO Oflloerwhowil have the!"M w- bigy for and must be capable of effectively administering and pramotirg 4 S. Disputes w%Mg out of tfte labor sandwds provlaiaa of Section an active contractor program of EEO and who must be assigned N(ermW paragraph 5)and Section V of these Required Contrast adequate aufhoray and responsibility to do so. Provisions shag red be subject to the general disputes clause of this contract. Such disputes shag be resolved In accordance with the 3. Dissunlnation of Popcy: All mi rnbers of the contractor's salt procedurse.of to U.S.Depertrtsnt of tabor(DOL)a,ad forth In 29 who are suthorixad to hire,supervise,promote.and dlschargs wnpioy- CFR S,8,and 7. Disputes within the meaning of this eleuse include ees,or who recommend each action,or who we substantially involved disputes betwart the contracts(or any of its subcontractors)and this in such action,will be treads fully cognaant of,end wig intplanwR,the contracting agency,to DOL,or the contractors employees or tisk contrwWs EEO poNcy and contractual responsibilities to provide EEO repreesntallvea. in each grade and classification of snVR nsnt. To ansure tint the above agreement mil be mat,the following actions vA l be talten as a 6 minimum: pe6odicall1ir review selected prwmd employes Periodic bob work b" wb"in depth to determine whether thent m evidence of dm"- often than once every six months,at which time the contractors EEO wagon. Where widence is found, the contrvd will promptgr take poky and Its Implementation wit be revlew ed and explained. The cermotive action. If the review indicates that the discrkrdnapon may meetings will be conducted by the EEO Officer. extend beyond the azdons revlavnd,such corrsetiva action shallincluds all affected persons. b.Ail naw supervisory ar parswed Mica employees will be gNen athorough lndoeirinafion by the EEO Officer,eoverlhgai major aspects d. The contractor will promptly investigate ani aorriplak is of w. of the contractors EEO obNpatlora wkW Wrty days fallowing trek alleged ftertminstion made to the contractor in connection with his reporting for duty with the Contractor. obligations under fiats centrad,wit siternpt to resolve such complaints, and wvdl take appropriate corrective action within a reasonable time. M c. AN personnel who are engaged In dead recruitment for the the investigation indicates that the dwi mination may effect persons projad will be instructed by the EEO Officer In the eonfractara other than the complainant,such corrective action WW include such procedures for beating and hlrlrng rnimnly group employees. other persons. Upon completion of each invesHpstw%the contractor d. Notices and posters am"f M the contractors EEO policy will Worm every complainant of all of No avenues of appeal. Milos placed in areas resdity accessible to amployess,appi n I for employment and potential employees. a. The contractors EEO policy and the procedures to implement 8 Trah*bg and Promotion: such policy will be brought to the Wwftn of employees by means of madings,employes handbooks.or other spproprlate moans. a.TheeontractoryA assist In locating.qualifying,and Increasing the skills of mnarity group and women employees,and applicants for 4.Recrutment:When odvertlsinglbremployses.thecontradarwill employment. ncluds In at advertisements for employees the notation: 'An Equal OpporturhNy Employar- AN such advertisements will be pieced In b. Consistent with the=0 ador's work k oce requirements and publications havlhg a hrpe druvlafion amag minorky groups in the era as permissible under Federal and State regulations,the contractor What from which the pm)ect work face would normally be derived. make fid as of ftk"programs,i.e.apprenticeship,and on-the-job training programs for the geogrephicat area of contract parformsruce. a. The oontractor will, unless precluded by a valid bargaining Where,fssalots,25 percent of apprentices or trainees in each occupa- egreenrnt,oonduct systematic and diad raeruNment 0w+gh public tion*hall be in their first year of Mix vrticaship or training. In the event and privrie employes referral educes M*to yield qualified minority a special provision for training is provided under this contrail.this group applicants. To mead this requiransK the contractor will identify subparagraph wit be superseded as indicated in the speed provfeian. sources of potential amity group employees,and establish with such Idantifled aoYrca procedurq hadweby nhinaiy group appRants may c. The contractor will advise ernployess and appicants for be referred to the contractor for ernpioymmt consideration. employment of available 1raln*V programs and entrance requirsnartits for each. Is. in the event the contractor has a valid bargaining agreement providing for exclusive hin ng hall nterrals,ter Is expected to observe the d. The contractor will perfodglNy review the training and provisions c(that preemsnt to the extent that fine system permits the promotion poteral of minority group and women employees and wit contractors comptarm with EEO contract previsions. (The DOL has w=urage eigible employees to apply for such training and promotion. halt that where Implementation of such agreemats have the effect of dleuiminating against n*vxkies qr women,or abigates the contractor 7.Unionr. If the cantracfor reflect to whole or in part upon u+lons as to do the same,such implementation violates Executive Order 112413. a source of srnployees,fine contractor Will use hWw bat effort to as amended.) obtain the cooperation of such unions to increaes opportunities for mkhahty groups and worrnan within its unions,and to effect referrals by c. The contractor will encourage his presaht employees to refer such unions of ndnaNy and lrrnale employees. Actions by the smrr minority groin applicants for employment. Information and procedures contractor sill w directly or through a contractor's association acting as with regard to referring mlnortly{group sppiconts will be diwAmsed with agent will include the procedures eat forth below: a. The contractor will use beat etTorts to develop,In cooperation m S. Personnel Actlons: Wags,waking conditions,and employ" with the unions,ON training programs aimed to Bard qualifying more benefits shal be established and admIrMered,and perso nsl actions minorNy group members and women for membership in the unions and of every type,including hhiri%upgrading,promotion.Vanier.demotion, increasing the skills of mihorlty group employses and women so that peyotl, and tardnatlon,sing be taken without regard to race.color. they may qualify for higher paying employment. religion.awc,national origin.age or disability. The raiowlig procedures stall be,Wicwsd: b. The contractor wit use bad eftors to incorporate an EEO claws Into each union Wftmwd to the and that such union will be, a.Thecontraetorwticonduetperfodicirspectionsofproject sw contadwllyba torellwappNcardswNhautni ardtothbirrace,cda, to ksure that working corn*Ww and ariployee facilities do not indicate religion,sex,national origin,IF or disability. dtsatr ilruitory treatment of project nits personnel. c. The contractor is to obtain information as to tie referral b. The contractor wtl periodically eveluals the spread of wages practkxs and policies of the pada union except that to the extent such paid will dr each classification to ddwnww any evidence of disCrimi a- a ft..Wim Is within ter ehtckeiv a possession of to bbor union and tory supe p recoces. such tabor u nion refusestofuniel such information to the contractor, the contractor stet to arft to the SHA and sivem set loft what efforts have been nada to obtain such eftmabion. P•a•2 d. In the avant the union Is unable to provide the contractor with sa NONSEGRfEGATED FACILITIES e reasonable HOW Of manortry land woman nferrale wlhin the brae limit set forth in the coiWive be gelvA agreemat,the contractor wll, (AppApbb to all Federal-aid construction contracts and to all related through independent recruitment Marts,f91 Cs empleynnaM vacancies subcontracts of 110.000 or more.) wllhout regard to race, color. religion, sex, nations! origin. ago or cteabily;mikklpflAeffortatoobbkhqualiflod&Worq Wfisbhminoray I. By submission of this bid, the execution of this contract or ISP PKC and women. (The DOL has held that R 00 be no subcor*I t.or the constxnrnatian d this material supptymgism,mM or excuse that the union with which the contractor has a callecilve purchase order,a appropriate,the bidder. Federal-eid construction bargaining ages ment providktg for exclusive referral failed to refer contractor,subeonUackv.material supplier,or vendor,as appropriate, miincrly employees.) In the event the union retinal pracllre prevents certt8a that the flim does rad maintain or provide for Its the contractor from meaft the obligations pursuant to Executive Order segregated facilities at any of Its estabd tiial N, a.an4 th a frm dm 11248,as amended.and thea special provisimn,such contractor shall riot perms its employs"to perform their swAces at any',--tion,under Immeniatoty notify the SHA its control,where segregated facilities are maintained The firm agrees VW a breach of this certiflcation Ie a violation of the EEO provisions of 8. SeNettort of s;ubcontrac*os,Procurarrsnt of Materlals and this contract. The firm further-ertlfles that no employes will be darted Lem*V of Egdpmanh The contractor stall not discriminate on the access to adequate faciibes on the beale of sex or disability. grounds of race,cola,religion,sex,national,nigh,age or disawly in the selection and rete nfion of subcantracton,Including pnoclxennM of b. As used in this artitication,the term'segregated facilities., materWs and leases of equipmi t. metre any waiting rooms, work areas, restroom- and washrooms, restaurants and othereating area,tlmeclocks,locker rooms,and other a. The contractor shall noW all potential subcontractors and storage or dressing areas,perking lots,drinking foumtai ns,recreation or suppliers of Malian EEO obligations under this contract. entertainment areas,transportation,and housing facilities provided for employees which we segregated by ed;Cit directive,or an,in fact, b. Dlvsd�sd business CFR 23, equal duenterprises nity to s((DBBEE),pit a darrad in 49 segregated on the basis d race,color,religion,national origin,aye or subcontracts which the contraatar aters into pursuit to this ce aa d � because of hiss ledbcacustom, or ands or The ar>fy exception wi be for 1M disabled when the demands for seceeeibity The contractor wit usehis brat etfixts to ackil bide from and io utilize override(e.g.disabled parking). OBE subcontrselon or subcontractors with meaningful minority gran and fernae representation srnwng their employees. Contractors-hal c. The contractor agrees that It has obtained or will obtain obtain lists of DBE construction Arms from SHA personnel. KWndcaicertificatlon from proposed eubcontracWsarmmtarialaupplen prior to-wad of mubcoritracts or cams maition of material supply a The contractor will use No best afforts to ensure subcontractor agreements of 51 D,DM or mon and that l will retain such cerd8eabone, comply with tisk EEO obligations, In to On. 0. Records and Reports: The corkador that keep such records as necessary to documat compliance wlh the EEO requirements. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Such records stat be retainied for a period of three years followli g compietlon of the contract work and*hall be avaAable at reseoxnable (Applicable to at Federal-aid construction contracts exceeding tines and places for Inspection by sudwized representattves of the $2,000 and to all related subcontracts.except for projects boated on SHA and the FHWA. roadways classifled as local roads or rural minor collectors,which are exempt.) a. The records Coapt by the contactor shat document the blondr►p 1. General. (1)The number d mkorly and non ntnoritY group members a.Al i nodi nla and laborers employed or vim"upon the Me and women employed In each work elessifleatlon on the projed: of the work will be paid unconditionally and not less,Ren Bean of a week and without subsequent deduction or rebate an arty accourd (2)The progna and efforts being made In cooperation with [except such peyrol deduWone as we permuted by reguhRions(29 CFR teras, when applicable. to A cnesse employnsrt) opportunities for 3)Issued by the Secretary of Labor under the Copeland Ad(40 U.S.C. mirwffise and womern� 276c)J the full amounts of wages and ions Rte fringe benefls(or ash equivalent thereof)due at time of payment The payment shat be (3)This progress and efforts being made in locating,hiring. computed at wage rata not las than those contained In the wage training,qualifying,and upgrading minority and femele employws:and determination of the Secretary of Labs(herNreRar the wage delermi- nation'wIddu is atlacired haelc and.. a pert hereof,regardless of (4) The program and efforts being made In securing the any contractual relationship which may be ligan to exist beilwaen the services of OBE subcontractors or sob-ontradom with meaningful contractor or Its subconbacliore and such laborers and mechanics.The mtnorly and Is. npraathtlar among list anployeas. wage determination Cmckudktg any additional daseflattons and wage rata cwftrmad under peragrsplt 2 of this Section IV ale the DOL b. The retractors will submit an annual report to the SHA each poster(WH-1321)or Foran FFMA-14M sial be posted at MI times by July for the duration of lite project,ktdirating the number of minority, the contractor and ib subcontractors at the site of the work In a warner,and nom ilianxlty group employees currer"engaged in each prominent and accessible pial when It can be early seen by the work classification required by the contract work This information Is to workers. For lis purpose of this Section,coniributl,ns mads or ox, be reported an Form FHWA-1391. K on-the-job training Is being reasonably anticipated for bona fade frktge banefls under Seodiat required by qww provision,the oantrsctor will be requied to called I MM21 of the Onvis-Baron AG(40 U.S.C.2T8a)on bsl WA of lobwers end spot bainkg data. or medsnice we considered wages,paid to such laborers or mahsn- Icn,subject to One prwAsions of Section IV,paragraph 3b.Fneneof.Also, for the purpose of thfa Section, regular contributions made or costs Incurred for more than a weeidy period(but not lea often than quarterly) under Phan, ftrKK or programa,which cover the particular weekly period,are deemed to be constructively made 5f(Pl� Paas 3 or incurred during such weeldy parlod. Such taborets and mechanics from the Wt daft on which work is parfarmed in the WsasiAeaton. sinal be paid the appropriate wage rats and fringe benefits an the wags detarmrditn for tine classification of wale actually performed,without 3. Paynoi nit of Fdrdpa ta.nsfits. regard to*0.eeteept ro provided lh parprWm 4 and S of this Section IV. I. Whwe%W the minimum wage rate pew-AM in the contract W a class of laborers or mechanics kolges a fringe bermit which is b. Laborers or mech rks performing work In more than one not expressed as an hourly rate,the cordrador or subcontractors,as cUsslficabon troy be compensated at the rata specified for each appropriate,shall ON 0 pay the benefit as aI in tie wage ddermbw ciesaitictfbn for the time actually worked therein.provided,that the tion or shall pay another bona Ada nkh9e benefit or an hourly case amployefs payroll records accurately eat forth to One spent In each equtvstent thereof. classMcation In which work is performed. b. if the contractor or subcontractor, as appropriate,does not e. AN nrlings and lnttrpretattors of the Dav"ak:on Ad and make payments to a busses or other third person,he/she may consider related acts contained in 29 CFR 1,3,and S are therein kroorporsied by as I put of tie wages of any taborer or mechanic the amount of any referencs In this contract. costs reasonably anticipated in providing bone fide fringe benefits lander a plan or program,provided.Met the Secretary of Labor has found,upon 2. Classificatk m: the written request of the contractor,"the applicable standards of the Ov0s-8acon Act have been met The Secretary of Labor may require a_ The SHA cor>ti rig oflicr cines require that any class of the conhsctor to sat aside it a separate account assets for the meeting Iaborars or mechanics employed under the coribaet,which is not listed of abiiptione under Ue plan or program in the wage delermiribon.shall be classified in conformance with the wage determination. 4. Appre ikes and Trainees(Programs of the U.S.OM)and Helpers: b. She cw*actkmg officer shah approver en additional classifies- Uan,wage rah and hinge bwmfRs any when tM fogowbmg cntsria have a. Apprentices: been mat: . (1) Apprentices wig be permitted to Worts at leas then the (1) the work to be performed by the additional Classification prede11 as rata for the work May performed vA w they are employed reques edisrotperfan. byadsatillcadoninthrwagaddennh atlon; pursuant to and indnidually mgWend in a bona Ade apprenticeship program registered with the DOL,Ernpli ytnsnt and Trard%Admi fstra- t7) the mMkk)nW dassince", Is ubbed In the area by oe tion,Bureau of Apprenticeship and Tmk*q,orwith a State apprentics- construction indusby; ship agency recognized by the 9uresu,or if s penton la employed in hWtw first 90 days of probationary afnploymart as an apprerttice in (3) the proposed rage rate,including any tons We fringe such an apprenticeship program.who to not individually registered m the benaAs,bears s reasonable ralstWN*Op to the vmpe rates contained in program.but who has been cyreified by els Bureau of Apprenticeship the wage doW..Inedon;and and Tralruirrg or s Stats appnenticpMp agency(where appropriate)to be sligible for probationary employrtmetmt ea sn apprenti a. (4) vale reaped to helpers, v wn such a classification prevails in the arae m which the work is performed. (2) The allowable repo of spprentic:es to journeyman-level employees on the Job ski in any creA dassNk adorn shag not be greater c.Ifthe contractor or subcontractore,a appropriate,the laborers than the ratio permitted to the contractor as to the entire wok force and mechanlcs(Nknown)to be employed in the additional dassircallon under the registered program. Any employee united on a payroll at an or their representatives, and the cw*vckg officer agree on the apprentice rape rift who is not registered or othermse employed as ctaasifieation end wage tef;eneluding the amount designated for Wtoe stated above.shell be paid not less than the applicable wage rate listed benefits where appropriate),a report of the action taken shall be sent by in the wage determination for the elasslfication of work actually per- the contracting officer to the DOL.Administrator of the Wage and Hour formed. to addition,any apprentice performing work on the job site In Division, Employment Standards Administration. Washington, D.C. exicsssof the ratio piend d underthe registered program stall be!raid 20210. The Wage and HourAdministrutw,or an authorized represents- not lace then IM appic"wage rale an the wage detrmiradon for the live.Wits approve,modify,or disapprove"edditional classification work actually performed. Where a contractor or subcontractor is action YMNn 30 days of receipt and so advla s the contracting officer or performing cwtstruction an a projsui n a locality other than that in vA and vA notify the contracting officer within the 30dagy period that additional Its program is registered,the ratios and wage rates (axwessed in time is necessary, p.rcentages of the jaurneyman4evel freeing rete) speaMd in the contractoes or ssbcontradoes registered program shag be observed. d_ In the evert the contractor or subcontractors,as appropriate, the laborers or means*m to be employed in the additional classification (3) Every apprentice must be paid at not nese than the rate or dealt raprasenhetivea,and the contracting oMeer do not sgres on the specified in the registered program for the apprentice's level of progress, proposed wssification and wage rets Qnckrdsg the amount desigrieted expressed as a percentage of tree journeyman-level hocuy rate specil4d for fringe benelks,vOwe apps; I te).the coriksctkg officer shag rater In On apple Is wage determination. Apprstnces stall be paid hinge the questions, incliudig the views of all kftvsted pang end the teenefds In accordance with the provisions of the apprenticeship recormmWHmdstIon of the contracting offica, to the Wage and Baur propiam_ifroappnMOeeshipprogrsmdMrx*speeifyfdngebw*fRs. Ademihistrabr for deleminatmn. Sold Administrator,w an authorized apprentices must be paid the leg amount of fringe benefda bled on the representative,wig issue a delermlaft vAHM 30 days of receipt and supe datwn&wdmfortheappkmbieclaaauilieatmn.Ifthe Administrator so adhdes the contracting officer or veil notify the contracting olllar for no Wage and Har 01wisian determines that a different practice within the 30-day period OW adddonal time is necessary preveisfortwappkableappie"r clasaAieadan,fringesshaf bapeid in acowdi nce With the detarmkatbr. is. The wage rate(inckeling fringe beneft4 whwa appropriaRe) determined pursuant to paragraph 2c or 2d of this Sec titan IV shall be paid to an vwrcers pwfwn*g work in the additional classification Paas 4 (4) In the event the Bureau of Apprenticeship and TraNing, 0. Whthholdi W o<■State apprenticeship eQwicy reoogi by the Bureau,withdraw$ approval of an apprenticeship program,the codr6clar or subcontractor The SHA shad upon Its own action or upon written request of an veil no longer be pwmdted b utilize apprentices al lees than the authorized representative of tta DOL withhold,or cause h be withheld, applicable prsdehm*W rah for the wmpsrable work perforated by from the contractor or subcontractor under this eantrad or any other regular empbysss until an acceptable program is mppr&md. Federal contract with the same prince contractor,or arty other Federally. assisted contractsubject to Davis-Bacon prevaAktg wags requirenants b. Tr*ww which is held by the sans pmnte contractor,n much of the a=uod payments or advances as may be eonstdend necessary to pay W orars (i) Except as provided In 29 CFR&S6,trainees will not be and mechanics,inclu rg apprentices,trairaas,and helpers,employed permitted to work al leas than the prodidurnkad rete for the work bytits contractoror any the ful arnahtt of wagq required perfo mod unless they are emp*W pursuant to and m0odualty by the contract. in the event of failure to pay any laborer or mechanac, regMMW In a program which has received prior approval,svdantced by including any app►sntice,trainee.or helper,employed or working on the formal certification by the DOL,Employment and TroWng AdmWstra- site of the work,all or part of the wages required by the contract,the tion. SHA corgatcing officer flay,after written notice to the contractor,take such action as may be neaparyto cause the suspension of any further (2) The ratio of trakaae to pumeymen-level employees.on payment,advance, or guarantee of funds urd such violations have the job ate shad not be greater than permlited under the plan approved ceased. by the Employment and Training Administndion. Any employee listed on Me payroll at a trains rate who Is not registered and participating in 7. Overtlrne Requirernerrts: a training plan approved bythe Empbymertf and Tralning Administration shad be paid not lose than the applicable wage rate on the wage deta►ml- No contractor or subcontractor contracting for arty part of the nation for the clissifk ation of work actually psrlornted. In addition,any contract wreak wh icl may requite or kwake this employment of laborers. b*W piell rming work an the job alis in eiresas of the ratio permitted mechanics,watchman.or guards(including apprentices.trainees,and under the registered program shall be paid not lees then the applicable talpeis described in paragraphs 4 and 5 above)shall require a permit walp rate an the wage dote., nation for the work actunNy par Formrisd. any laborer,mecharrc.waWw.sn,or guard in any workweek In which heiish o is employed on such work,to work in s rcees of s.0 hours in such (3) Evary trainlse must be paid at not lees than the rate workweek unless soh laborer,mechanic,watchman,or guard receives spectifed in the approved program for hialher level of progress, compensation ot a rate not lose then one-and as-hati threes h Whirr wq ressed as s percentage of the journe"on-level hourly rate specified basic rate of pay ran all hours worked In excess of 40 tours in such in tit applicable wage determination. Tnakaa shad be paid f►inga workwwask. benefits In accordance with the provisions of the trainee program. If the trairm program does nol mention fringe banerds,trainees shall be paid the full amount of frings benefits hated on the wage determination unless 8. Viohtion: the Adminiskstor of the Wage and Hour Division determines that flan to an apprartticeshlp program as-c S ad with tit corresponding Liability for Unpaid Wage;Lkiuldated Demages: In the event of jouxnsyrnan-level wage rate an tta wage determination which provkle any violation of tit clause est lbrth in paragraph 7 above,the cor*Wor for Ips than full fringe benefits for apprentices,In which case such and any subcontractor resposlble thereof shall be liable to the affected trainees shad rscene the same fringe bsneft as apprentices, employee far htislher unpaid wages. In sddition,such contractor and subcontractor shit be liable to the United States(into case of work (4)In the evert the Enlployrrant and Training Administration done under contract for the DstrW of Columbla or a territory,to such w0wirows approvN of a boititg program.the contractor or subcontrc- District or to such territory)for liquidated damages. Such lquidaled tar will no kinger be Pa., tied to ufidzth trainees st leasthan the appiks- damages shoo be computed with respect to each indivklwtal laborer. ble predetermined rate for the work perfon. untN an acceptable mechanic,watahxnon.or gad smploysel in violation of the clause sat program Is approved, forth in paragraph 7,in the sum of$10 far each calendar day on which such employee wet required or petmtlted to work In excess of the c. Helpers: standard work week of 40 horns without psyn*d of tit overtime wage required by the clause est forth In paragraph 7. Flelpars will be permitted to work an a project If to helper daslllcadionisapscifiadanddelhndontheopplicWevagedstemtbroe- P. VahIvAding for Unpaid Wages and Liquki#►d Darl egin: tion or is approved pursuant to the oordormance procedure sat forth in Section IV.2. Any worker Noted on a payroll at a helper wage red,who The SHA shall upon as own action or upon written request of any is riot a helpw under a approved detinitim,shell be paid not We ttren authorized representoWe of the DOL wftlrhdck or cause to be withheld, Vis,applicable wage rate on the wage deturrrNatlon for the classification from arty mares payable on sccotsrt of work performed by tit corRroc- of work Kh"parlormed. for or subcontractor under any such contrail or any CBer Federal ow*W with the same prim contractor,or arty other Federally-essiated S. Appron dm and Trainees(Programs of the U.B.00T).- contract subject to the Contract Work Hours.and Safety Standards Act, witch Is held by the sane prima contractor,such suns as may be Apprentices and tratnises waking undw appirwiticehtip and skill . . mined to be necessary to saflsty OW Nabdltles of such contractor training programs which have been certiW by to Secretary of or subcontractor for unpaid wages and kquidand damages as providad Troreopportltbn es promatii EEO it connection with Fed a -hid in the clause set forth in paragraph 8 above. highway eonaVu lion programs are not subjed to the requirements of paragraph 4 of this Section IV. The straight tins hourly rouge rates for apprsMicssandtnksesurrdwsuch programswidbeestabishedbythe V. STATEMENTS AND PAYROLLS psAkuler programs. The ratio of apprentices and trainees to purney- men shall root be greater than pemMtted by the terms of the parocular (Appdcablatoall Federal-aidconstructioncontrailsexces&V52.000 prograw and to ai related subcontracts,axcW for projects located on roadways classified a local roads or rural collectors,viihich are exempt.) a.e.s 1. Coatplii- wNh Copetwul Regulailikma(N CFR 31: (3)that each leboi w or mnchWk has been paid not leas tech the applcable wage rate and fringe beneft or rash equivalent for the The co trwAW shad compy with the CCpelard Raguldlone of the closafieation of worked performed,as specified in the applicable wage Secretary of Labor which am Am gh incorporated by referenm determination incorporated Into the contract. 2 PayroNs and Payroll Records: e. The weekly submission of a property executed car ilication act torte on the reverse side of Optional Forth WH-W shad sat"to a. Payrolls and best records raloW g thereto steal be math. requirement for aubmbsion of t e"Stdomert of Complkn rsgwred LL tamed byte cantracEa and each subeordroclar d ring the course of the by paragraph 2d of this Section V. work and preserved for a period of 3 years from ft dsM of completion of the ca ti for of labours. mechanics,s, apprentces, trainees, f. The fafsMedicn of any of the above certifications may&Acct watchmen,helpers,and guards woAdns at the alts of the work tad contractor trrcMl or rrimmal prosecution under 18 U.S.C.1001 and 31 U.S.C.231. b. The payroll records shah contain the name,social security number, and address of each such employee; his or her comet g. The contractor or subcontractor anal make the records classification;hwxly rates of wages paid(r cfudi+g rotes of contribu- required under paragraph 2b of this Section V evoilable for rapeetion, tions or costs anticipated for bona fide fringe barmft or cash equivalent copying,or transcription by mer r¢ed representatives of the SHA,the thereof the types described In Section 1(b)(2)(B)of to Davis Boom FHWA,or the DOL,and shad permit such representatives to interview Ari;dally and weekly number of hours worked;deductions node;and employees during working hours an the job. If the contractor or actual wages paid. In addlltkon,far Appa>aehiarh extracts,fha psyroi sulbeonbacfa We to subrnN to required records or to make tam records shat contain a notation I dicestng wlhathar the employee does, avaloble,the SHA,ft FHWA,the DOL.or aft may,after written notice of does not,tamelly maide,In tad tabor was as delkad in Attadreark to the cardia lar,sponsor,appticsnk.or owner,take such actiae as A,paragraph 1. Whenever ft Secretary of Labor,pursuant to Section may be neosseary to cruse to suapension of any kxtw payment, IV,paragraph 3b,has found that the wages of any Iasr or mechanic advance, or guaranies of funds. Furthermore,fahre to submit the incudo the amoutt of any costs masonabhy anticipated in providing required records upon rsqur 1 or to make such records available may bend is under a plan OF program described It Section 1('b)(2)(B)of f}a be grotx+ds for debarment a lex pursuant to 29 CFR&12. Davis Bacon Ad,to contractor end each subcontractor shad maintain records which show that the com mItmard to provide such benefits is enforce",diat the plan or program is Itnamcmly responsible,that the V1. RECORD OF MATOWU-.SUPPLIES.AND LABOR plan or program has bean conwnunicated in writing to the laborers or meclanka aReded,and show the east anticipated or to actual oast 1 On all Feder"id oartraefs an the National Highway System. incurfsd in providlrp bonallt Contractors or subcontractors employing acept those wtdah provide coley for the wWaftbon of Watectiva apprsndcas or"neas under approved programs shed maintain written devices at rafted grads crossings,those tiNhich are constructed an a evidence of trio registration of apprentices and trainees,and ratios and farce account a direct labor basis,Mtigt>Mray Deeutsrication contacts,and wage rates prescribed In the applicable VOW". contracts for which the total,ftrai construction coat for roadway and bridge Is teas than 31,000,000(23 CFR 635)the cantrador stall: c. Each co tractor and subcontredor seas funiah,each week in which any eontmot work is performed,to the SHA moldent anglneer a a. Become forrNer w!h the Int of specific materials and payrol of wages paid each of Its employees(Including apprentices, supplies contained In Foran FHWA-47, 'Statement of Materials and bairaes,and helpers,described in Seebon iV,pospo is 4 and S,and Labor Used by Contractor of Highway Construction invo"Federal watchmen and guide engaged an work during is preceding vm Wy Funds;prior to to commencement of work under this conbaat. payroll perlod). The payrtl subrnrtted shall sat out accurately and completely s8 of the infoirmation requifad to be maintained under b. Maintains reead o(te total cost of all materials and supplies paragraph 2b of this Section V. This info motion may be submdted In purchased for and meorporded in the work,and oleo of the q ankles any form desired. Optional Foran VM-347 Is avahsbte for tis purpose of the"specific.materials and supplies Voted on Form FHWA-47,and and may be purchased from tad SuperlAendsit of Documents(Federal in the unh shown an Foran FHWA-47. Mock number 029405.00141), U.S. Government Pileup ONbe, WeshhWoon,D.C.20402. The prime contractor Is rasponeIN for to a. Furnish,upon the completion of to contract,to to SHA submission of copies of psyyroils by ad auboortraators, resident engineer on Form FMA-47 togeterwith the data required t paragraph Wait to materials and supplies,a final labor sun my d. Each payroll submitted aWN be accompanied by o'Shtenw nt of ad contact work Indicating to total hours worked and the total of CornpNance;Wgiried by ft corib or subconbactor or pother amount earned. sgant who pays or supervises the peynm t of the persons employed under On contract and shah certify the foAowkg: 2. At the prime contractor's option,eNhw a single report covering all _. contract work or separate reports for to contractor and for each (1) that to psyros for the payroll period contains the subcontract shall be submitted. informatim mquk lobemaktalhedurhderporagrsph2botithisSection V and that such Information is carrel and complete, VN. SUBLETTWO OR ASSNiNM THE CONTRACT (2)that such dabaar or mocha kc(ftkx&V each hrlipsr, apprestion,and f*aines) employed at the contract during the payroll 1 The contractor shalt perform vitt Re own organ®ton cafa period has been padd to full wssldyvvagas esnned rvNhout robeft,either work amounting to not less than 30 perow t(or a greater pwcentge If dFectly of Indiredty,and 11x1 no dm*x tns haft bean made enter spatIlIM doewhom into coritraet)of the hotel oripkal corthact price, drecty or indirectly from the ftA wedges creaked,attar than psrrrissibis ackrdng arty specially Rama designated by ft Stats. SPsetaky Nems deductions me ant forth in the Regulsdoco.29 CFR 3; may be performed by subcontract and to amount of any such specialty Nems Warmed may be deducted from the total original contract price before corrpnig the amaxt of work required to be performed by the cahtracxar's own orgafftatfon(23 CFR 696 Pop e a. Sts own organization' shall be construed to include only amgkneers,cantnctors,supplars,and workers on Federal-aid hghway workers amployed and paid dtreCtly by the prime contractor and projects, I Is essw4al that d persons concerned wth the project equlprrAd owlet ornu by IM prime contractor,with or without perform their fimctions as carefift, thoreeghly, and honestly as opwators. Such term does not Mud&samokrpa or apulpnent of a possible. Willful falsification, ftlavtlon, or mgrepreventttbn with subcontractor,assignee,or agent of the prime contactor meepact to any facts related to tee Projed is A vloWon of Federal low. To prvieffl my misunderstardNreW �the •a of these b. "Specialty Items WW be construed to be emitad lowork that and eemrlsresn�ht acts,lute folowndee stall bepoand ch eeFederal-aid requires highly speeleiized knowledga, sbititles, or egjpnent not hig"PmOd(23 CFR 635)in one or more places where it is readily, ordirsrly available in the type of eontraettng orpmLzstions qualified and "abN to al persons concemad with tee project: expected to bid on the contract as a whoa and in general are to be Iirtmltsd tb+minor comporwnts of the avaraN contract. . NOTICE TO ALL PERSONNEL ENGAGED ON FEWRAL4UD 2. The Coarct amount upon which the requiremerte ast forth in HKWWAY PROJECTS pe,spaph 1 of Section W is computed irrchrdas tee coat of rnatwial end mmarxdactured po*xAs which are to be purchased or produced by tee 10 U.S.C.1020 rads as follows: c traeton oder the contract provisions. W oeviw.bekmp an dffke'sr,agent orampoyw of the f hnked States, 3. The contractor shall furnish(a)a eampetert superintendent or prof any Sfafe or Territory,or whoa w,whether a parson,assodaWn, supervisor who is employed by the firm, has full aulf"to direct *M or owp*re9*n, kmwkwy makes any fares stn e"Ot, fall's performance of the work In accordance wash the contract nKpinments. repnsertt�tlorr,or f w report as to Me chamc w,quality,quaari ft.or and is in charge of al construction operations (regardess of who cast of tee meftdot uaad or tb be used.or Me quantify or quaRy of Ma Performs the work) and (b) such other of Its own organtentmsi wok parlbmred or to be performed,or the cost dwreofin connection resources(supervision,mamagemwnt,and enginarkp services)as Uma *mein the suenrssron ofpWm maps,spscilleaBorm conbaclt or r m to SHA contracting office detwn ma is neoessry to assuntheprior- atcons&uceononanyfdphweyorieWedpropctsubWncffbrspptoval mance of the oontl to the Saww"of Tranaportatlar or 4. No Portion of to contract shall be sublet,ne*W or otfurwiae whoeverknowdnpymakes anywsesta[artrent false representatial, used of except with the written consent of the SHA Contracting false sport or false daim v4M respect to ft dmancW. quaffy, officer,or auRhortted►spreseMstivs,and such consent when given shall quanbly,arcost of any work petibrrmed ort*be perfbmwd.ormahrhtr not be construed to Misys the contractor of wry responsibility for the ffuntished or to be Amltsfined,to oouumec on wkh Me consbuctlort of any fulRlrnert of Uw contract. Written consent will be given only after the fdphwayorrolafadproliectspprovedbylbe Secro"Q(Tmespatadal, SHA has assured that each subcono ct Is evidenced in writing and that or It contains all pertinent provlsions and nKp*wwnts of the prime contract. Wboavar knowdnpfp mokas any false st&Wvswnf or false repre- santafion as to material fid A any sfiterment. rer0kste. or spat subrrifted pursuant to provisions Mitre Federal-ed Ronda Act VOL SAFETY:ACCIDENT PREVENTION approved Jas y f,1918,(39 Stat 355),as amended and supp ffwd'sd 1.to the performanes of this contract aha contractor shall cortrpltr with Shelf be Brad trot pare that S 10,000 of agvisoned not non Mem 5 all applicable Federal,State.and loeial Laws gowminQ safety,health,rd years or both.' sanitation(23 CFR W. The ow*ao*r"praWde all safeguards, safety devlea and"*&a sa mpment and talo,any cow heeded X. RAPLEMENTATION OF CLEM AIR ACT AND FEDERAL actions so fi determines, or as the SHA contracting officer may WATER POLLUTION CONTROL ACT detrmkme.tab*reownatny necessry to protect the Nfe end h@Wth d employees an the job and ttw sorely of the pubic and to protect propeAy (Applicable to iN Federal-aid construction contracts end to al related in connedb with tlw pwknyw ca of Ba work covered by tee cw*ad. subcontracts of 1100.000 or more) 2. R Is a woe of this contract,and and be made a eondtion of By submissim of this bid or the execution of this conbsct,or subxon- ouch wbeantract,which ft contractor erten kat*pursuant to this tract.a appropriate,the bidder,Faderd-aid construction edrtrecWl .or cotract that the=&actor and any subcontractor shall not permit any subcontractor,as appropriate,wit be deemed to lave stipulated as employee,h pwfamumm of the Contract,to work M wxmurdrop or fdlwvs7 wKim C*ndtions whirl era unsanitary, hazardow or dangerous to Mather heath or safety,as determined under construction safety and 1. That my feelly that is or will be utllized in the performance of the heath standards(29 CFR 1 SM promulilated by the Secretary of Labor, contract,unless such contract is amampt under the Clean Air Act,as In accordance with Section 107 of the contract work Hours and Safety amended(42 U.S C.1857 at seal.,as amended by Pub.L.Q1-004),and Standards Act(40 U.S.C.333). under the Federal Water Pollution Control Ad,as amended(33 U.S.C. 1251 st! .,as amended by Pub.L.(i2-500),Ehscubw Order 11738, 3. Pursuant to 29 CFR 1924.3,Itis s condition of tints contract that and regulations in imptemertbNon thereof(40 CFR 15)is not ialed,on the Sem*Wy of Labor or authorized representative thwed,shall haus the date of contract award. on the U.S. Envirommontal Protection dghtdantrytoanysite of=i rad performance to Inspect orirwastigate Agency(EPA)List of VloWkV FaclNes pursuit to 40 CFR 9510. the malar of earn- anGe alts the coahntion safety and health sW idoda end to mn sub tis&On cf the Sec Ony under Section 107 2. That the firm @Won k comply end remain in compliance with all the d ifs Contract W ork Hous and Safely Standwds Act(40 U.S.C.333). ra**smrts of Section 114 of the Clean At Act and Section 308 of the Fedral Wafer Pollution Control Ad and all reguAMions and guidelines listed emwander. IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 3. That the Ifrm shall promptly notify the SHA of the nCdpt of any In order to amara hlgtm guatly and durable construction in CaMormtly communication from the Director.Office of Fedora(Activtdn, EPA, with approved plans and specifications and a high degas of ralhbiiy an umdeaUng that a locley that is or Will be utilized for the contract is under atote a to and reprawitati ns mode by coraidereft to be Noted on the EPA List of Mole"Fan911iee. Para 7 4. That the firm agrees b include or cuss to be included the requks- frequency by which lt determines the 09biiity of Its principals. Each meats of paragraph t through 4 of tills Section X in even noneampt perfk ir§t may, but is not required to, dock the nonprocu emer>t suboonb actand father agrees to take such action as the goverment porton of the`Lists of Parties ExekxW From Federal Procurement or may dkect es a means of enfcioirig such regdremaints. NonpmCursmsrd Programs-(Nonprocurement Lista wrMch Is compiled by Gs General Services Administration. XI. CERTIFICATION REGARDING DEMRMENT,SVSPEM M, i.Not"corn los"In the foregoing shall be consouldto rmluira ltdELIGMLI Y AND VOLUNTARY EXCLUSION aatabteFxnar+t a a symm of resorts In aider to render in good fakh the certification required by this clause. The knowledge and information of I. Instructions far CaUfecation-Priory Covered Transsc- partleipent Is not required to roreeed then which M normally possessed Ilona: by a prudent person in the oidiraW carse of business dealings. (Applicable to all Fedwa aid contracts-49 CFR 29) j. Emoopt for tri asebons authorized under paragraph f of these instructions,if a participant in a covered transaction knowingly enters a. By signing rid submitting this proposal. the prospective into a tower tier covered transaction with a parson who is suspended, primary participant is providing the eratiorl set out below. debarred, ineNgi k or voluntarily exchided from participation A this tramaction, In addition to other remedies available to the Federal b. The inabilay of a person to provide On eertif+aaon set out Covrmment,the department or ag&wy may terminate this hansaction below will not nwmaidy result in derriN of psRieipation in this covered far cause or defa& transaction. The prospective participant stall subndt an lophnatlan of why it cannot provide the certification not out below. The eertiflci0on or entplrnstbn veil be considered in connection with the department or agancys determination whether to enter+oto ties transaction.However, Certification Regarding Debrnient,saspwtslm%I aligrlWy failure of the prospective Primary participant to furnish■oarWieeban or and Voluntary Effusion—Primary Covered Tnnsacdons an sioanation shalt disgcallfy such a pe am from participation in this transaction. f The prospective primary pwWpw t certifies to the best Of is knowledge and belief,that it and Its prk clpsls: a The certification in this clause Is a material representation of fact upon which redar a was placed when the depertnwrt or sWey a. Are not Presently debarred, suspended, Proposed for dataihad to anter Into this transaction. It It Is Mie determined that the debarment declared ialtgible,or voluntarily*wJuded fran covered prospective primary participant lanwwln* rendered an erroneous trsnssctiorts by airy Fedesl department or agency; csrlilication, in addition to other remadlee available to the Federal Government,the deprbnent or agency may terminate fife bwtsactiion b. Have not will iri a 3-year period preceding this proposal been for cause of default. convicted of or had a OW pxlpnsnt rendered against them for conwriission of fraud or a crw"offense in connection with obtaining. d. The pmepective primary participant shall provide immediate aft nptirtg to obtain,or performing a public(Federal,State or kxel) w when notice to the department or agency to whore this proposal is transaction or contract under a public transaction;violation of Federal or submitted if any lima the Prospective primary pliftipent lams that lta State antitrust statutes or commission of embealemerht,theft,forgery, artificatlon was erroneous when submitted or has become wronswus bribery,falsillcafbn or destnuctron of records,making false stoternerlb, by reown or Changed c rcu mstanc1 . or roes"stolen property; e. The terms'covered tnnlaction.""debarred,""suspended: -ftligibb,' "lower tier covered Nrtraaction: "participant,, "person: c. Are not presently indiWd for or otherwise criminally or dvily, "primary covered transaction -priicipalt'"proposal:and"vokints" charged by at governmental entay,(Fsaral.State or load)with eommw- exetuded;as used in this clause,haw Bas meanings sot out in the sion of only of tine offeua snurroated in paragraph 1b d this certiticca- DefrAloiu and Coverage sermons.of rulas implementing Executive tion;and Larder 12549. You may contract the department or agency to Mid this proposal Is submitted for assistance In obtaW" s copy of those d Have not within s 31ar prlod preceding this appMca- regutatlons. tkwdpropoad had one or more public transactions(Federal Sats or local temeatad for cause or default. f. The prospective Primary participant sp by subinila taw proposal that,should tha proposed covered transection be anteed kerb 2- Where the prospective primary participant is unable to certify to it shall not iowwir gy anter Into carry locum ter covered transaction with any of the statements in this certification,such prospective participant a person who is debwed,suspended,declared inafipble,a voluntarily shall attach an explanation to this proposal. excl a li d from participation in this covered transection,unless aulho- rtzsd by tea departowit or agency antaring thio!Nle bansection. ... •• g. Tis prospective primary participant flatter agrees by 2. Inatruclfons for Certification-Lower Tia Covered Trartsac- subniittV this proposal flat It will include the clauae titled•Certification dart:: Regarding DebemeM Suspension,Ineligibrllty and Voluntary Exch nislon- LowerTier Covered Transaction,'pnwwidedbythedepsrtmert or agency (Applicable to alt subcontracts.purchase orders end other lower tier entering into Ghia covered transaction.without modification,in all lower transaction of 325.000 or mon-49 CFR 29) tier revered transactions and In all solicitations for lower ter covered transactions. a. By signwg and submitWV this proposal.the prospaCthra lower tier is providing the ce tincation set out below. h. A participant in a covered transectIm nay rely upon a car iflcation ora prospective participant in a lower der covered transact tion that w not debarred.suspended.Ma%ible,or valuntartiy sxckided from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and Pop a b. The artlncatlon m No clause Is a malorW representation of Certlticalkm Regarding Osbarment,Suspanaion,Ineligibluay fact upon wroth relance was pleas whan this bwacllon was entered and VOILMUry Tian Covered Transactions: Into. If it is later determined that the Prospective lower tier participant knowingly rendered an erroneous ca llicobon, In addition to other 1. The prospective ower tier paRicipsnt certlMs,by submsew of remedies avelleble to the Federal Government, the department, or he proposal,that neither it nor Its principals ts presently debarred, agency with which this transaction w%ku ted may pursue available suspended,proposed(a debarment.declared 4 dgible.or wkxrtariy remedies,including susparobw andiron debarment, excluded from paAldpation in this transaction by any Federal depart- ment or agency. c. The proaprdive lowr tier pllydripant shop provide immediate wrllion nonce to the person to witich this proposal is submitted N at any 2. Where the prospective lower tier pvtcpvrt is urtabia to cantly to Wm go prospective,klw ertler portieipert Moms that is certification was any of the statements in thio artittcation,such prospective pwuclpw t erroneous by rescan of changed eirturtatarces. shell Attach on exph+atmn to this proposal. d. The terms"covered transaction,""debarred,''suspended," •..•. "Ineligible," "primary covered transaction,' Varticlpsnt; "person,' -principal,"proposal;wW'vokmtarl =cluded,'au mdintftclause, XL CERTIFICATION REGARDING USE OF CONTRACT FUNDS have the meanings set out i,the Definitions and Coverage sections of FOR LOBBYING Mas Implemonl4q Enscu&n Order 12549. You may contact the person to which thls proposal,Is A&AMed for epItxe In obtaining a (Appicable to all Federal-old cv trucWn contracts and to an related copy of those rowistions, subcontracts which exceed ti100.00D-49 CFR 20) e.The prospective ower tler parebipent agrees by subm0nig five 1. The prospecllw participeni certNMa,by signing and submitting propemal that;ahould firs proposed covered ftnmcbon be entered Irmo, this bid or proposal,to Ow best of his or her knowledge and bdMt,thN: R shal not knowingly enter kNo any low tier covered trmcben with a person who is debarred,suspended,dK4wvd Ineligible,or volurft y a. No Federal opproprtMed funds hove been peid er will be paid, eorckded from prtldpaljon in ihM covered b onsaetion. unless sudw by or on bell of the uhdersigrod,to any person ttr influencing at diad bythe dsporhnent oragencywlhwhich he transaction originated. attempting to influence an officer or anVoyse d any Federal agency,a Member of Congress, on officer or employee d Congress, or an f. The prospective lower tier participant father agrees by employee of a Member of Congrsea In connection with the swwording of submit ingthls proposal that pwwN inChrdethis d usetlled'Cwtifegrtlori any Federal contract,the maldngof any Federal grant,the making of any Regarding Debarment,Swpenebn,Ineligibility and Voluntary Exclusion- Federal loan,the entering into of any cooperative agreement,and the Lower Tier Covered Trsrsadlon;without mo0cation,In d lower tie adonsron,earth ndon, raN,ewal, amendment, or modification of any eovred tracsadlons and In d solicladons for lower tier covered Federal contract.grant.loan,of cooperative agreement. transactions. b. If any funds other than Federal appropriated tends haw began g A participant In a covered transaction may rely upon a paid or will be paid to any pereon fbr influencing or attempting to certification of a prospective participant In a lower tier covered traroac- influence an officer or employee of any Federal agency, a Member of tion that Is net debarred,suspended,"Ible,or voluntarily exckxied Congress,an officer or employee of Congress,or an employee of a from the cowed transaction,unless p knows that the certification Is Member of Congress In earvocnon with this Federal cortrod,grant, erroneous. A paticipant may decide the method and frequency by ban.or cooperative agreement,the undersigned shall complete and welch d dstamtinsa tits slgbillyaf ps principals Each partiepent mey. submit Standard Farre-LLL,'Disc owure Form to Report L.obbift,"in M is rad rsqulired to,check the Nanproarroment ud. accordance with Its instructions. h. Nothing eonhined In the foregoing shelf be construed to 9. This certification is a material representation of fact upon which require establishment of a system of records in order to render in good reliance was placed when this transection was made or emend into fath the certification required by this clause. The knowledge and Submission of this certification is a prwKNisite for making or entering i formadw of park ipart is not squired to exceed that which to norm ity into he transaction imposed by 31 U.S.C.1352 Any person who fail* possessed by a prudent person in the ordinary course of tlusfness to Elle the required cartification ahati be subject to a civil penalty of not dee imps. team than$10.000 and not more than 5700,000 for tach such faikre. 1. Except for transactions authorised under paragraph s of these 3 The prospective pwWpoM also&groes by submitbkwg his or her Instructions,N a portlelperit In a covered transaction knowwingy ertars bid or propomal that he or she shell require that the language of this kuo s iovw tar covered transaction with a parson who In suspended. cerkncation be included in sit lowwar tier subcontracts,which exceed debarred, irsNgibte, or voluntarily ackWed from prncipsllon in this 6100,000 and that an such reciplents&hall ca"and disclose accord- ftmActkxn, In addld, to oeter remedles sysiloble to the Federal ivy. Govsmmw% the depa.him or agency with w400 this transaction originated msypursus available remedies.it k#*V suspension wWor debanfsnt. o•s.v ATTACHMENT A- EMPLOYMENT PREFERENCE FOR (c)the dab on which he satinates such employees will be required,and APPALACHIAN CONTRACTS (d)any other partimard Information required by t►e State Emplvlar rt (Apppeabts to Appalachian contracts ony.) ed w rthwnths to Stat Emi:Awp t Service complete the ph aide form. wrltin4 or The by telephone.order may bw during _. 1 l�urYglhe�aithfseontrfet IMcontfactarundKbKhp the course of the contract work, the information suhntited by the to do work which Is,or reasonably may be,done as on-sib work shat contractor in 1M original job order to substantially modified,he strop give preference to qualAied persona who fepulariy reside in the labor prompfy notify the State Empioyrtwnt Service, area es desigraded by time DOL wtmareirh lite contract work issituabd,or the subregm,or the Appalachian counties of the State wherein the I The contractor shag She full consideration to el qualified cab oontrad worst as situated,ehooept: sppManb#91m, to him by the State Emplopm t Service The con&attoris not rwMred tognwanlpk yrnwdto wqlob applkanh who. a. To the extent that qualified persons regu"raeieing in the in his opinion. aha not Waiified to pa bnh the classification of work area ore not available_ required. b. For tate reasonable needs of the contractor to employ 4. It, w" 1 week fogo*V the placing of i job mdar by the suparviaory or elmialty operlenced persormol necessary to ssaurn an carltractor with the Stab Employment Service,the State Employment efficient execution of the toad wont. Service is unable to m(er any quaMled job applicanis to the contractor, or less than the number requested,the State Employment Sella will c. For the obligation of the contractor to Our ampbymerit to fowwd a cwtikAft to the contractor indicating the unava bbilty d present or former snpbyees as the result of a taMRUI collective bargain- applicants. Such carMcab"be made a part of the contractors imp contract,provided that the number of nonresident persona employed permanent project records. Upon receipt d this cartifrcate, the under this subparagraph 1 e shot not soceea!20 percent of the total contractor may employ persons%*m do not normally reside in the labor numbero(enrpioyese employed by the convector on the conned w o*. area to M poaftns covered by the certiticste, notwit sUndaV the except as provided in subparagraph 4 below. provision of subparagraph 1 c above. Z The contractor shall piece a job order with tM Stall Employment 5. The cut m actoe shag ineluda the provisions of Sections f through Service indica"(a)the dassiteatiora of tine laborers,mechanics and 4 of this Attachment A in ovary subcontract 11or work which is. of other employees required to perform the conbad work.(b)the number reasonably may be,dons as on-sib work. of employees required In each cMmW ka*m. Pop 10 APPENDIX - A TXDOT LOCAL GOVERNMENT CONTRACT PROCEDURES (SECTION 3 - CONTRACT COMPONENTS) Section 3—Local Government(LG) Contract Module 11—Construction Components Section 3 Local Government (LG) Contract Components .. The following is a detailed discussion of the required contract components of LG contracts. These components are listed according to the contract stage(Bid Document Preparation, Letting and Award, Contract Execution, and Contract Administration). Many of these LG contract components appear in more than one of the contract stages. The format for each contract component includes: ♦ General ♦ Federal Regulations ♦ State Regulations ♦ Required Practices ♦ LG Responsibilities ♦ TxDOT District Responsibilities A.BID DOCUMENT PREPARATION Bonding General A LG may include provisions for bid guaranties or bonds,or warranty bonds in invitations for receipt of bids. Bonding is grouped into five basic classifications; bid bonds, performance bonds, payment bonds, retainage bonds and warranty bonds. A bid bond, or proposal guaranty, is a bond,certified check,cashier's check or other negotiable instrument which is submitted with the bid as assurance that the bidder will, upon acceptance of his bid,execute such contractual documents as may be required within the time specified. A performance bond is a bond executed in connection with a contract to assure fulfillment of all the contractor's obligations under the contract. A payment bond is a bond executed in connection with a contract to assure payment,as required by law,to all persons supplying labor and material in the execution of the work provided for in the contract. A retainage bond is a bond executed in connection with a contract to assure that any monies owed to the owner by the contractor are recoverable(A retainage bond is used instead of .. actually withholding a percent of the contractor's payments.), and A warranty Bond is a bond executed in connection with a contract to assure that a warranted item survives the warranty period in the prescribed condition. Local Government Project Procedures 11-15 TxDOT 02/2009 Section 3—Local Government(LG) Contract ... Module 11 —Construction Components Federal Regulations a. 23 CFR 635.110–The procurement or contract documents may not contain criteria that restrict competition. State Regulations a. Local Government Code 252.044–A municipality must require the successful bidder to execute a good and sufficient bond. The bond must be executed with a surety company authorized to do business in Texas. b. Local Government Code 262.032-A county may require the successful bidder to , provide a performance bond. The bid bond must be executed with a surety company authorized to do business in Texas. c. Government Code 2252.064–A contractor is required to execute a performance bond issued by a surety company authorized to do business in this state in an amount determined by the contracting state agency, but not to exceed the contract price. (TxDOT only. N/A to RMA or RTA) d. Government Code 2253.021 –A contractor is required to execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. (State or local government) e. Transportation Code 223.205 (Comprehensive Development Agreement by TxDOT)–A private entity is required to provide a performance and payment bond or an alternative form of security in an amount equal to the cost of constructing or maintaining the project. r f. Transportation Code 370.308 (Comprehensive Development Agreement by RMA)-A private entity is required to provide a performance and payment bond or an alternative form of security in an amount equal to the cost of constructing or maintaining the project or an amount sufficient to ensure performance and protect the beneficiaries. Required Practices a. All Texas governmental entities have a statute that requires contractors to execute bonds. The type of the bond may vary,but all provide that the bond be issued by a surety company authorized to do business in Texas. When state or federal funds participate in the contract,TxDOT wants assurance that their funds are protected. Accordingly,the LG must either adopt TxDOT's bonding process or submit their own process for TxDOT approval if the project has state funds in any amount. b. For projects that do not have any state or federal funds,the administrating entity is expected to follow the applicable statutes for their condition. TxDOT will neither review and approve bonding processes nor monitor implementation. This policy applies to projects both on and off the state system. LG Responsibilities a. The LG must get advanced TxDOT approval of procedures to bond contractors. b. Include approved procedures in contract documents. Local Government Project Procedures 11-16 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. General i. For projects with state and/or federal funds,review LG bonding process for compliance. Submit questions and non-compliance issues to CST for final determination. If the bond requirements are different than the TxDOT's, submit bond procedures and requirements to CST for approval. ii. There is no monitoring on projects without federal or state funds. b. Design-bid-build–For projects with state and/or federal funds, assure bonding provisions are in specifications before sending PS&E to Design Division. ... c. Design-build–For projects with state and/or federal funds, assure that Request for Proposals contains language requiring that the successful proposer provide a performance and payment bond or an alternative form of security. d. Concessionaire–For projects with state and/or federal funds,assure that the concessionaire agreement requiring the concessionaire provide a performance and payment bond or an alternative form of security. Buy America General. All steel and iron products must be of domestic origin.All manufacturing processes must take place domestically. Current regulations require the use of domestic steel and iron in federally funded highway construction. All foreign steel and iron materials and products are covered by Buy America regulations regardless of the percentage they comprise in a manufactured product or the form they may take. The regulations allow bidders and the LG some latitude through minimum use,waivers and alternate bids. As previously mentioned,all manufacturing processes must take place domestically. Manufacturing begins with the initial melting and mixing,and continues through the coating stage.Any process that modifies the chemical content,the physical size or shape, or the final finish is considered a manufacturing process.These processes include rolling, extruding,machining,bending, grinding,drilling and coating.Coating includes epoxy coating, galvanizing,painting, or any other coating that protects or enhances the value of the material. Buy America does not apply to raw materials(iron ore and alloys), scrap, pig iron or -- processed,pelletized,and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the FHWA website (http://www.fhwa.dot.goy/programadmin/contracts/032495.cfin)If domestically produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then returned to the U.S.,the resulting product does not conform to the Buy America requirements. The manufacturing process for a steel/iron product is considered complete when the product is ready for use as an item(e.g., fencing,posts, girders,pipe,manhole cover, etc.)or could be incorporated as a component of a more complex product through a further manufacturing process(e.g.,the case for a traffic signal head).The final assembly process does not need to Local Government Project Procedures 11-17 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components be accomplished domestically so long as the steel/iron component is only installed and no manufacturing process is performed on the steel/iron component. Example: Shapes produced domestically from foreign source steel billets are not acceptable under Buy America since the initial melting and mixing of alloys to create the steel occurred in a foreign country. Example:All welding must take place domestically since the welding rod itself is typically an iron/steel product and the welding process substantially alters the rod. Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than $2,500 or one-tenth-of-one-percent(1/10 of 1%) of the contract amount,whichever is greater. If a supplier or fabricator wishes to use a partial fabrication process where domestic and foreign source components are assembled at a domestic location,the "as delivered cost" of the foreign components should include any transportation,assembly and testing costs required to install them in the final product. For the Buy America requirements to apply,the steel or iron product must be permanently incorporated into the project.Buy America does not apply to temporary steel items(e.g. temporary sheet piling,temporary bridges, steel scaffolding and falsework,etc.)Further, Buy America does not apply to materials that remain in place at the contractor's convenience. The practice of making otherwise eligible items non-participating for the purpose of circumventing the Buy America requirements is unacceptable and will not be approved. There is no clear-cut rule for resolving an after-the-fact discovery of an inadvertent incorporation of an excess amount of foreign materials into a project.Each situation should be resolved on a case-by-case basis. FHWA retains the authority to resolve all Buy America issues. Buy America provisions apply to all material incorporated in a Federal-aid project,even if an item is rendered as a"donated material" in accordance with 23 U.S.C. 323 -Donations and Credits. While the LG may receive a credit for donated material, this material must generally comply with Buy America. Waivers.Approval authority for waivers of Buy America requirements is retained by FHWA for all federally funded projects.The FHWA may grant a waiver of the Buy America requirements for specific projects if the LG can demonstrate either of the following: a. Compliance with the requirements is inconsistent with the public interest; or b. Insufficient quantities of satisfactory quality domestic products are available. Materials delivery delay will not be considered as grounds for a waiver.The cost differential between domestic and foreign products is also not grounds for a waiver. An LG may apply for a waiver of the Buy America provisions if it believes that a waiver is warranted.The LG must submit the waiver request with supporting information through Local Government Project Procedures 11-18 RDOT 02/2009 Section 3—Local Government (LG) Contract Module 11—Construction Components �^ TxDOT to FHWA sufficiently in advance of need to allow time for proper review and action. Alternative Bidding Procedures.An alternative bidding procedure may be used to justify the use of foreign steel or iron.Under this procedure,the total project is bid using two alternatives: one which is based on foreign source products,and the second, using domestic products.The use of foreign products may be justified if the lowest total bid based on domestic steel or iron products is 25 percent more than the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to the total bid for the entire project,not just the bids for the steel or iron products. Enforcement.The LG is responsible for enforcing the Buy America provisions.The contract provisions should require the contractor to provide a definitive statement about the origin of all products covered under the Buy America provisions.An alternate procedure is to use step certification for products.Under step certification, each handler of the product (supplier, fabricator,manufacturer,processor, etc.)certifies that his or her step in the process was domestically performed. Federal Regulations a. 23 CFR 635.410–All iron and steel products must be of domestic origin. Waivers may be approved by FHWA. b. 23 CFR 636.119 Design-build–TxDOT must ensure compliance with Buy America regardless of the form of FHWA funding. State Regulations a. Transportation Code 223.045–A contract awarded by TxDOT on the state highway system without federal aid must contain the same preference provisions for steel and steel products that are required under federal law for a federally funded project. There is no specific requirement for other entities to follow this statute. Required Practices a. Projects with federal funds comply with the Buy America statute. b. Concessionaire projects administered by TxDOT must comply with TTC 223.045. TxDOT executing an agreement with a concessionaire is considered the same as TxDOT awarding a contract. LG Responsibilities a. The LG must prepare any requests for waivers and submit the request through TxDOT to FHWA for approval prior to advertisement for receipt of bids. b. The LG must include contract provisions that address Buy America. TxDOT District Responsibilities a. The District must assure that Buy America provisions are included in all procurement documents for federally funded projects and that the provisions of Local Government Project Procedures 11-19 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components Transportation Code 223.045 are included in concessionaire projects administered by TxDOT. Change Orders General TxDOT must approve all changes to the contract.The construction industry recognizes that it is unrealistic to expect that a construction project could be built without deviating from the project plans.Project designers should be diligent and exercise due care in developing the plans.However,there are many peculiarities (e.g.,unforeseen site conditions,utility conflicts, changes in the geology, etc.)that can arise during construction and virtually every project should expect changes. Only the construction engineer is in a position to judge the adequacy of project designs and respond to needed changes. TxDOT must formally approve proposed major extra work or major changes in the contract plans and provisions before work begins. However,when emergency or unusual conditions justify,the TxDOT may give advance verbal approval and confirm such approval with -- formal approval, as soon as practical.Non-major changes and non-major extra work also require formal approval.However, such approval may be given retroactively at TxDOT's discretion. - The LG,with TxDOT concurrence, should establish and document specific parameters for non-major change and non-major extra work.The definition of a major change is a change ,.. that: ♦ reduces the geometric design or structural capacity below project design criteria(any reduction in geometric design which would normally have required a design exception) ♦ increases the contract by 25%of the original contract or by$300,000 whichever is less ♦ changes project limits - ♦ any change in the Traffic Control Plan(TCP),which reduces the capacity as shown on the plans for the through traffic or the traffic on major cross streets ♦ settlement of a dispute or ♦ changes the access on a controlled access highway Early coordination between the LG and TxDOT is essential in the review of change orders. There are four basic components that TxDOT will consider during its review of change orders.These considerations are: -- a. Impact on the Original "Scope of the Work"Typically, if the proposed change falls within the previously authorized scope of work,then Federal and State participation follows. b. Eligibility.The FHWA is often asked to approve change orders to correct work because of a design or construction engineering error.Federal-aid participation in errors that may reasonably be expected to occasionally occur(despite the exercise of normal diligence)may be justified,as long as the LG's carelessness, negligence, incompetence or under-staffing were not contributing factors. Local Government Project Procedures 11-20 RDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components c. Consultant Design Errors. Federal policy regarding participation in consultant design errors is that the consultant should pay for the cost of the new design,but is generally not held responsible for additional construction costs resulting from such errors, as long as the errors are not a result of gross negligence or carelessness. If gross negligence or carelessness is determined,neither State nor Federal funds can be used to pay for needed design or construction. d. Basis of Payment.The LG must perform and suitably document the cost analysis for each negotiated work change order.The method and degree of analysis are the LG's decision;however,the process should be acceptable to TxDOT.Force account procedures should only be used as a last resort when agreement cannot be reached on the price of a new work item, or when the extent of the work is unknown or of such character that a price cannot be determined to a reasonable degree of accuracy. e. Time Extensions.The change order should also provide the time needed to accomplish the work. Contract time extensions granted by an LG that affect project costs or liquidated damages shall be subject to the concurrence of TxDOT and will be considered in determining the amount of Federal participation. Federal Regulations a. 23 CFR 635.120 Design-bid-build–All changes to projects on the National Highway System must be approved by the FHWA. TxDOT assumes this responsibility for projects administered under the provisions of the TxDOT/FHWA Stewardship/Oversight Agreement for Design and Construction. The bid documents should include language describing administration of change orders. b. Design-build–Since design and construction are performed under the same contract it is not anticipated that change orders for plan errors or omissions would be approved. (This is a matter of FHWA policy. See FHWA Contract Administration Core Curriculum Participant's Manual). However, TxDOT may direct changes to a design-build contract after work begins, in which case a change order may be appropriate. State Regulations a. Local Government Code 252.048 i. The governing body of the municipality may approve changes. ii. The total contact price may not be increased unless there are available funds. iii. The original contract price may not be increased by more than 25%. iv. The original contract price may not be decreased by more than 25% without the consent of the contractor. b. Local Government Code 262.031 –County Commissioner's Court has authority to make changes. The total contract cost may not be increased unless there are available funds. Local Government Project Procedures 11-21 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components c. Local Government Code 271.060–A governing body may approve change orders if there are available funds. Required Practices a. For all projects on the state system,TxDOT must approve all changes to the types of safety appurtenances, geometric design criteria, and structural design of pavements and structures(including drainage structures)before the LG gives the contractor authority to proceed with the change. This policy applies regardless of whether there are state funds in the project. b. Changes on all projects with state or federal funds must be approved by TxDOT. Failure to coordinate with TxDOT before issuing a change order may jeopardize TxDOT participation. c. For all projects with state or federal funds,TxDOT approval of changes will be governed by the type and extent of TxDOT funding. Details will be covered in the funding agreement. There are several possible scenarios: i. TxDOT participates in a fixed amount based on a percentage of the estimated contract cost and additional TxDOT funding is not sought. 1. If the contract price as awarded is less than the fixed amount, TxDOT will approve all change orders for participation until their fixed amount is reached. The change orders must be within the scope of the agreement with TxDOT. The LG should not consider additional work just to"use up"the available funds. Subsequent r. change orders do not require TxDOT approval except as outlined in 3.a. 2. If the contract price is equal to or greater than estimated, change m orders do not require TxDOT approval except as outlined in 3.a. ii. TxDOT participates in a percentage of the contract and there is an upper limit to TxDOT financial participation. 1. Change orders will require TxDOT approval for participation until the upper limit is reached. Subsequent change orders do not require TxDOT approval except as outlined in 3.a. iii. TxDOT participates in a percentage of the contract and there is no upper limit to TxDOT financial participation. 1. All change orders will require TxDOT approval for participation. d. For projects with state and/or federal funds,TxDOT follows FHWA Texas Division policy guidance for participation. Participation in change orders is NOT permitted for additional costs for delays in purchasing right-of-way, adjusting utilities, and other delays that are not the responsibility of the contractor. Participation is also not permitted for the cost to correct design errors. e. Change orders on projects that are either not on the state system or anticipated to be on the state system and do not have state or federal funds do not need to be submitted to TxDOT for approval. f. Design-build–Since design and construction are performed under the same contract it is not anticipated that change orders for plan errors or omissions would be approved. However,TxDOT may direct changes to a design-build contract after work begins, in which case a change order may be appropriate. Local Government Project Procedures 11-22 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components LG Responsibilities a. TxDOT retains approval authority over all change orders and time extensions. This authority also determines Federal participation limits. b. The LG must submit changes for TxDOT approval in accordance with "Required Practices". TxDOT District Responsibilities a. For projects with state or federal funds,the District must approve all change orders in accordance with the above policy statements. Submit questions to CST for interpretation. b. For all projects on the state highway system,the District must approve all changes to the types of safety appurtenances,geometric design criteria, and structural design of pavements and structures(including drainage structures)regardless of source of funds. c. There is no monitoring on projects without state or federal funds off the state system. Child Support Documentation General. In accordance with Family Code §231.006, a contractor's bid for a contract must include 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 percent of the business entity submitting the bid. The following language must be included in the bid document verbatim: "Under Section 231.006, Family Code,the vendor or applicant certifies that the individual or business entity named in this contract,bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." At the time of contract execution and award,the LG must collect and maintain a list of all the names and social security numbers of the individuals,partners, shareholders or owners with an ownership interest of at least 25 percent for the successful bidder. If the LG determines that an individual or business entity holding a contract is ineligible to receive payment due to ineligibility,the contract may be terminated.In addition if the required certification listed above is shown to be false,the contractor is liable to the LG for attorney's fees,the costs necessary to complete the contract, including the cost of advertising and awarding a second contract,and any other damages provided by law or contract. Federal Regulation a. No comparable statute State Regulation b. Family Code 231.006–Applies to recipients of state funds and state contracts. i. Requires inclusion of a verbatim certification in bid documents. Local Government Project Procedures 11-23 TxDOT 02/2009 Section 3—Local Government (LG) Contract Module 11—Construction Components ii. Requires bidders to include the name and social security number of individuals with at least a 25%ownership. iii. Requires collection of the names and social security numbers of certain individuals with the successful bidder. Required Practices a. All projects with federal and state funds must meet statutory requirements. LG Responsibilities a. The LG must include the certification required by Family Code §231.006 in all bid documents.In addition, the LG must collect and maintain the name and social security number of all affected contractor owners of the successful bidder as required by Family Code §231.006. TxDOT District Responsibilities a. For projects with state or federal funds,the District must assure that the certification is included in proposals and requests for proposals, as appropriate. b. There is no monitoring on projects without state'or federal funds. Claims A claim is a continued demand for payment by a contractor if it has been previously denied under the LG's normal procedures for change approval. Both the LG and the contractor share in the responsibility for claims.Many claims could be avoided if reviews of the contract documents were more thorough, both in preparation of the project and in bidding the project.Problems occur most often when an LG rushes a project with incomplete or inadequate plans through the letting process. If the LG is diligent and pursues resolution of a claim through the courts or arbitration boards (including appeals), consulting with and keeping TxDOT fully informed throughout the process, Federal funds may participate in the cost of settlement. Federal funds can participate in interest associated with a claim if three conditions are met: µ ♦ The interest must be allowable by State statute or specifications, ♦ The interest is not the result of delays caused by dilatory action of the LG, State or - contractor,and ♦ The interest rate does not exceed the rate provided for by statute or specification. Contractors'attorney fees are not eligible for Federal participation.The basis for this determination is that there is no statutory authority for the payment of attorney fees. However,the LG's administrative costs, including attorney fees related to the defense of 1 Texas Government Code§2251.042 allows payment of interest involving a claim if the claim is resolved in favor of the contractor. Local Government Project Procedures 11-24 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components claims, are reimbursable. Such costs are reimbursable at the same participation rate as the related construction project. - The FHWA does not participate in anticipated profit because this is in the realm of the contractor's risk. Government Code Chapter 2001 Subchapter C provides that each party involved in a claim must be afforded an opportunity for a hearing. The LG must provide the contractor with a written notice of a scheduled hearing involving a claim within a reasonable time,but not less than 10 days from the scheduled hearing date. Such written notice must include: ♦ A statement of the time,place, and nature of the hearing; ♦ A statement of the legal authority and jurisdiction under which the hearing is to be held; ♦ A reference to the particular sections of the statutes and rules involved; and ♦ A short,plain statement of the matters asserted. Informal disposition of a claim may be made by stipulation, agreed settlement, consent order, or default.Hearings, if conducted,must be administered by the State Office of Administrative Hearings in conjunction with Government Code §2001.058. Federal Regulations a. 23 CFR 635.124 Design-bid-build–Federal participation is determined on a case- by-case basis to the extent the claim is supported by the facts and is founded in the contract. b. Design-build–For design-build projects the likelihood of a claim is greatly reduced since the designer is also the constructor. (This is a matter of FHWA policy. See FHWA Contract Administration Core Curriculum Participant's Manual) State Regulations a. Government Code Chapter 2001, Subchapter C–Procedures for contested cases. To be followed if the procedures in Transportation Code 201 do not result in satisfactory resolution. Applies to state agencies but not other entities. b. Transportation Code 201.112(a)–Allows Commission to establish rules for informal resolution of claims. c. Transportation Code 201.112(b)–Allows a person to file for formal resolution under Government Code Chapter 2001 if they are dissatisfied with the informal process. Required Practices a. Claims on projects with federal or state funds must be approved by TxDOT to n assure TxDOT participation. Failure to coordinate with TxDOT before settling the claim will jeopardize TxDOT participation. TxDOT participation in claims will be governed by the type and extent of TxDOT funding. Details will be covered in the funding agreement. There are several possible scenarios: Local Government Project Procedures 11-25 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components i. TxDOT participates in a fixed amount based on a percentage of the estimated contract cost and additional TxDOT funding is not sought. 1. If the contract price is less than estimated,TxDOT may approve claims for participation until their fixed amount is reached. The _.. claim must be within the scope of the agreement with TxDOT. Subsequent claims do not require TxDOT approval since TxDOT participation limits have been reached. 2. If the contract price is equal to or greater than estimated, claims do not require TxDOT approval. ii. TxDOT participates in a percentage of the contract and there is an upper limit to TxDOT financial participation. 1. TxDOT may approve claims for participation until the upper limit is reached. Subsequent claims do not require TxDOT since TxDOT participation limits have been reached. iii. TxDOT participates in a percentage of the contract and there is no upper limit to TxDOT financial participation. n. 1. TxDOT must approve all claims for participation. b. For projects with state and/or federal funds,TxDOT follows FHWA Texas Division policy guidance for participation. Participation in claims is NOT permitted for additional costs for delays in purchasing right-of-way or adjusting utilities. Participation is also not permitted for the cost to correct design errors. Further, claims must be supported by the facts,must have a basis in the contract, and be settled under applicable statutes. c. Claims on projects that do not have state or federal funds do not need to be submitted to TxDOT for approval. d. Design-build–For design-build projects the likelihood of a claim is greatly reduced since the designer is also the constructor. LG Responsibilities a. Include language in the contract outlining conditions for which a claim may be filed. b The LG must keep TxDOT involved in the process of settling claims if they anticipate requesting State or Federal participation in settlement costs. c. Any hearing associated with a contract claim must be conducted in accordance with Government Code Chapter 2001 Subchapter C (see TxDOT procedures). TxDOT District Responsibilities a. For projects with state or federal funds,review the procurement documents for inclusion of conditions under which a claim may be filed. b. For projects with state or federal funds,work with the LG following notification of a pending claim to assure that the LG understands the requirements for maximum TxDOT participation. c. For projects with state or federal funds, review the claim and transmit with a recommendation for participation to CST. d. There is no monitoring on projects without state or federal funds. Local Government Project Procedures 11-26 ADOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components Contract Time General The term of the contract is an important part of every construction project.Too little contract time may result in higher construction costs, while too much contract time may encourage inefficiencies, increased user costs, and potentially delays and inconvenience to the public. The LG must have an acceptable procedure for determining contract time.This procedure should include a comparison of the actual construction time against the estimated completion time for several projects to ascertain whether their procedures result in appropriate contract times.The goal should be to strive for the least practical number and duration of traffic interruptions during highway construction. Federal Regulation a. 23 CFR 635.121 –For federally funded projects on the National Highway System, recipients should have adequate procedures for determining contract time. State Regulation a. No comparable state statutes specifically address contract time determination. Each entity has broad authority to determine procedures to deliver projects, including methods to determine contract time. Required Practices a. Where required by federal regulations,the LG should gain TxDOT concurrence that their contract time determination process is adequate. This should occur prior to submission of the PS&E for TxDOT approval. b. For all other projects,the LG may follow local practice. LG Responsibilities a. Gain TxDOT concurrence in time determination process. b. For design-build this is normally one factor in considering proposals. TxDOT District Responsibilities a. For federally funded, design-bid-build projects on the National Highway System, review the LG's time determination process and concur that the process is adequate. If needed,request assistance from DES. b. There is no monitoring on all other projects. Debarment Certification General Contractors are not allowed to participate in federally funded projects if they are suspended or debarred.The prime contractor is required to certify as to their current Local Government Project Procedures 11-27 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components eligibility status. Certification is also required of all prospective participants in lower tier transactions.This includes subcontractors,material suppliers, vendors, etc. Each participant must certify: "...that it and its principals are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency .... and that they have not been convicted or had civil judgment rendered within the past three years for certain types of offenses." The General Services Administration(GSA)has the responsibility to compile,maintain,and distribute the list of suspended and debarred parties that are excluded from all Federal procurement and non-procurement programs.The GSA list is distributed to all FHWA field offices and is provided to TxDOT to assure that suspended or debarred parties are not awarded federal-aid highway projects. GSA's list of debarred firms(Excluded Parties List) may be accessed at hqps://www.epls.gov/. w Federal Regulation a. 49 CFR 29–Contractors and subcontractors that are debarred by any federal agency are prohibited from participating in federally funded projects. State Regulation a. Texas Administrative Code,Title 43 §9.106–Provides for contractor sanctions by the Executive Director of TxDOT. May include contractors that are debarred by federal agencies. A current list of debarred contractors is listed on the TxDOT web site(pending update). b. Government Code 2155.077–Allows the Texas Building and Procurement Commission to bar a vendor from participating in state contracts. Required Practices a. For all projects,the LG must check the current list of debarred contractors and suppliers at both the federal Excluded Parties List System and the TxDOT web sites before awarding any contracts or approving any subcontracts. - b. Bid documents for federally funded projects must include the verbatim certification required by the regulations. LG Responsibilities a. The LG should insure that plans and specifications are not furnished to federal suspended or debarred bidders or TxDOT debarred bidders. b. The LG must include the certification in all bid documents for projects with federal funds. c. The LG must check for the contractor's certification as part of the bid opening process. d. Check proposed subcontractors against federal suspended or debarred and TxDOT debarred lists. ^^ Local Government Project Procedures 11-28 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components TxDOT District Responsibilities a. For design-bid-build and design-build projects with state or federal funds: i. Check the bid proposal or the request for proposals to assure the certification is part of the package. ii. Verify that the bidder to which the contract is to be awarded is not on the debarred bidders list. iii. Spot check subcontractors on the project against the debarred bidders list. Submit questions and non-compliance issues to CST for action. b. There is no monitoring on projects without state or federal funds. Designated Material Sources/Disposal Sites General The contractor must furnish all materials to be incorporated into the work. However,the LG can either furnish materials or require the contractor to use designated sources of materials under certain conditions.FHWA policy requires that the contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from which the materials are to be obtained.Exceptions to this requirement may be made when there is a definite finding by the LG,with TxDOT's concurrence,that it is in the public interest to require the contractor to use materials furnished by the LG or from sources designated by the LG.The exception policy can best be understood by separating LG-furnished materials into the categories of manufactured materials and local natural materials. Manufactured Materials. When the use of LG-furnished manufactured materials is approved based on a public interest finding, such use must be made mandatory. The optional use of LG-furnished manufactured materials is in violation of Federal policy prohibiting public agencies from competing with private firms. Manufactured materials to be furnished by the LG must be acquired through competitive bidding, unless there is a public interest finding for another method with which TxDOT has concurred. Local Natural Materials.When the LG owns or controls a local natural materials source, such as a borrow pit or a stockpile of salvaged pavement material,the materials may be designated for either optional or mandatory use;however,mandatory use will require a public interest finding and TxDOT's approval.In order to permit prospective bidders to properly prepare their bids,the location,cost and any conditions to be met for obtaining materials that are made available to the contractor shall be stated in the bidding documents. Mandatory Disposal Sites.Normally,the disposal site for surplus excavated materials is to be of the contractor's choosing; although, an optional site(s)may be shown in the contract provisions.A mandatory site shall be specified when there is a finding by the LG, with the concurrence of TxDOT,that such placement is the most economical or that the environment would be substantially enhanced without excessive cost.Discussion of the mandatory use of a disposal site in the environmental document may serve as the basis for the public interest finding. Summarizing Federal policy for the mandatory use of borrow or disposal sites: Local Government Project Procedures 11-29 TxDOT 02/2009 Section 3—Local Government(LG) Contract .. Module 11—Construction Components Mandatory use of either requires that the LG develop a public interest finding and gains TxDOT's concurrence prior to advertising for receipt of bids.Mandatory use of either may be based on environmental considerations,where the environment will be substantially enhanced without excessive additional cost. Where the use is based on environmental considerations,the discussion in the environmental document may be used as the basis for the public interest finding. Factors to justify a public interest finding should include such items as cost effectiveness, system integrity and local shortages of material. Federal Regulation a. 23 CFR 635.407–Use of materials made available by a public agency i. Contractors must be permitted to select sources of materials. One exception is when there is a determination that it is in the public interest to require use of material from designated source. ii. Material that meets specification requirements may be made an optional source without a public interest determination. iii. Except for natural materials, designated materials must be acquired by competitive bidding as a condition of federal participation. Other procurement methods may be approved if there is an approved public interest determination. State Regulation a. No comparable statute. Required Practices a. For all federally funded projects and all projects on the state highway system, --- TxDOT approves all specifications for materials to be incorporated in the project regardless of funding source. This approval includes any mandatory materials sources and required disposal sites. b. For projects off the state highway system that do not have any federal or state funds,the LG may follow their own practices for material quality and sources. LG Responsibilities a. If the LG wants to furnish material to a contractor,designate a source of material for the contractor,or require the contractor to use designated disposal sites,the LG must make a formal finding that it is in the public's interest to do so. b. The public interest determination must have TxDOT concurrence. c. Submit materials specifications to TxDOT for approval, including any designated source TxDOT District Responsibilities a. For federally funded projects,transmit the LG's public interest request to DES for formal action. Local Government Project Procedures 11-30 TxDOT 02/2009 Section 3—Local Government (LG) Contract Module 11—Construction Components b. For projects on the state highway system, specifications will be submitted to DES for approval as part of the project development process. DES will review and approve all materials specifications. c. There is no monitoring on projects off the state highway system without state or federal funds. Differing Site Conditions General In accordance with federal regulations, differing site or changed condition clauses must be included verbatim in the contract. Due to the nature of highway construction and the conditions under which work is performed, designers cannot always accurately determine and describe the conditions existing at project sites. Consequently, actual conditions encountered during construction may differ from those indicated in the contract documents, resulting in a change in construction costs. Also, situations may develop during construction that require the contracting agency to order the contractor to slow down or stop construction through no fault of the contractor.These slow downs or stoppages in the work may cause a change in construction costs. ., There also may be situations encountered during construction that require the contracting agency to make alterations to the design. In addition to changing the amount of contract work, such alterations could significantly affect the contractor's production costs. In theory,the use of the standardized changed condition clause takes the risk of differing subsurface conditions out of the bidding process.Bidders need not consider the cost and difficulty of taking their own borings and compare that with the risk of a differing site condition.They need not consider the amount of a contingency to be included in the bid. Theoretically, with a standardized changed condition clause,contractors will receive no windfalls nor suffer a disaster from a changed condition.The owner will benefit from more competitive bidding as the bidders will not inflate costs for risks that may not happen.And finally,the use of the standardized changed condition clause is meant to provide uniformity across state lines. The standardized changed condition clauses in 23 U.S.C. 112(e)must be included verbatim in all contracts.The regulation requires the use of three different clauses: 1. Differing Site Conditions Clause-This clause provides for the adjustment of the contract terms if the contractor encounters: • Subsurface or latent physical conditions that differ materially from those indicated in the contract, or • Unknown physical conditions of an unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent to the work. 2. Suspensions of Work Ordered by the Engineer[LG] -This clause provides for the adjustment of the contract terms if the performance of all or a portion of the work is suspended or delayed by the Engineer [LG],in writing, for an unreasonable period of time(not originally anticipated, customary,or inherent to the construction industry). The contractor is required to submit a request for adjustment, in writing,to the Engineer Local Government Project Procedures 11-31 RDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components [LG] within seven calendar days of receipt of the notice to resume work.Recovery of profit on costs resulting from suspensions of work is not allowed. To qualify for an adjustment, suspensions must be for unreasonable periods and do not include brief, customary suspensions for reasons inherent to highway construction(i.e., material sampling and testing; approval of shop drawings, material sources, etc.; and other reasonable and customary suspensions necessary for the supervision of construction by the contracting agency).In addition, an adjustment under this clause is not allowed if the work is suspended for other reasons or if an adjustment is provided for, or excluded, under other terms or conditions of the contract. 3. Material Changes in the Scope of the Work-This clause provides for the adjustment of the contract terns if the Engineer [LG] orders, in writing, an alteration in the work or in the quantities that significantly change the character of work.The term "significant change "shall be construed to apply only to the following circumstances: • The altered character of the work differs materially from that of the original contract, or • A major item of work, as defined in the contract, is increased or decreased by more than 25 percent of the original contract quantity(adjustments shall apply only to that portion in excess of 125 percent of original contract quantity, or in case of a decrease,to the actual quantity performed). This clause provides for adjustments resulting from formal change orders by the Engineer, in writing,to the extent that the impacted work is part of the contract.Both parties may initiate an adjustment and both must be in agreement before the work is performed.As with the suspension of work provision,this clause does not preclude the recognition of constructive suspensions or delays. Federal Regulations a. 23 CFR 635.109 Design-bid-build i. Requires specific language be incorporated verbatim into all construction contracts. The language covers: 1)differing site conditions, 2) suspensions of work ordered by the engineer, and 3) significant changes in the character of work. There are provisions for alternate language. ii. A non-regulatory supplement to 23 CFR 635 Subpart A advises that the "differing site condition"clause must be made part of the contract unless prohibited by state law. b. 23 CFR 635.109(c) Design-build–Administering agencies are strongly encouraged to use"suspensions of work ordered by the engineer"clauses and may consider"differing site conditions" and"significant changes in the character of work"clauses appropriate for the risks and responsibilities shared with the private entity. State Regulations a. Local Government Code 271.195.(1)(B)–On design-build projects the local government assumes the risks and costs associated with unknown or differing site Local Government Project Procedures 11-32 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components conditions unless otherwise provided for in the request for proposals and final contract. Required Practices a. For all projects with federal or state funds,the LG will be required to follow the same procedures as for federally funded projects. This language minimizes risk to both the contractor and the administrator of the contract. b. For projects with no state or federal funds, use of this language is not mandatory. LG Responsibility a. For design-bid-build projects, ensure that the contract language contained in CFR 635.109 is included verbatim in the bid document. b. For design-build projects, consider using applicable clauses appropriate to relative risk of all parties. TxDOT District Responsibilities a. For state and federally funded design-bid-build projects, assure that the verbatim language is in the bid proposal. b. There is no monitoring on all other projects. Disadvantaged Business Enterprises(DBE),Historically Underutilized Businesses(HUB), and Small Business Enterprises(SBE) General The DBE Program is the U. S. government's response to diversity in the highway construction industry. All Federal-aid projects are subject to the DBE requirements.An LG has the option of operating under TxDOT's DBE program or submitting its own program through TxDOT and FHWA to the US Department of Transportation(USDOT)for approval. USDOT must approve each State's DBE program and its annual goals to ensure compliance with all DBE Program requirements. US DOT approval of an LG's DBE program is required before an LG can advertise a project for receipt of bids. LGs are encouraged to contact TxDOT's Office of Civil Rights(OCR)at(512)486-5510 or the FHWA's Texas Division office at (512) 536-5900 to discuss these options. Guidance may also be found at the U. S. Department of Transportation(USDOT)Office of Small and Disadvantaged Business ,. Utilization OfficeOS( DBU). By regulatory definition, a DBE is –• ".... a for-profit small business concern" (1)That is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or ,-. more such individuals;and(2)Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it". Local Government Project Procedures 11-33 TxDOT 02/2009 Section 3—Local Government(LG) Contract r Module 11—Construction Components The DBE participation requirements in Federal-aid highway contracts are contract provisions like any other contract provisions and should be administered as such. DBE administrative issues that will require review and attention may arise during a project.These issues will require the LG to have an adequate background of the DBE Program.The LG ~- should solicit the advice of TxDOT in resolving these issues as needed. If the LG decides to use their own program,the DBE Specifications and contract provisions .- must include the following: ♦ DBE Program Policy ♦ Definitions ♦ DBE Contract Goal ♦ Eligibility Criteria ♦ Good Faith Effort Provisions ♦ DBE Obligations ♦ Sanctions on Failure to Comply with DBE Requirements ♦ Determination Procedures on Counting DBE participation towards the DBE Goal " ♦ Award Documentation and Procedures ♦ Post Award Compliance Provisions ♦ Records and Reporting Requirements The US DOT on February 2, 1999 published in the Federal Register(Federal Register/Vol. 64,No. 21 /Tuesday)its final rule,49 CFR Part 26, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs".This final rule became effective on March 4, 1999. This rule implements a requirement that all Federal agencies "narrowly tailor"their affirmative action programs to"meet a compelling Government interest".The final rule contains a number of significant changes to the DBE program. Some of the more significant changes are described below. ♦ The rule changed the way recipients(any contracting agency receiving funds under the USDOT)set and attain DBE goals.Transportation agencies(including LGs)must set their goals based on local evidence of the actual availability of qualified DBEs. ♦ LGs must provide for a public participation process in establishing their overall goals. Once goals are established,LGs must maximize race-neutral methods, such as technical assistance and outreach,to meet as much of their overall goals as possible, the reminder of the overall goal will be met through race-conscious measures such as contract goals.There is no requirement that contract goals be applied to all contracts. ♦ To participate in the DBE program a businesses must not exceed small business size standards or individuals must not exceed$750,000 personal net worth cap. To be seen as a small business, a firm must meet SBA size criteria as defined by current size '- standard(s) found in 13 CFR part 121 AND average annual gross receipts as defined by SBE regulations(see 13 CFR 121.402) Local Government Project Procedures 11-34 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components -- ♦ One-stop shopping certification programs are to be established in Texas so that businesses may obtain certification as a DBE to apply for contracts in highway,transit and airport agencies.The Texas Unified Certification Program (TUCP)came into effect in October 2002. The Texas Unified Certification Program is a certification process for the Federal Disadvantaged Business Enterprise (DBE)Programs in Texas. A business' DBE certification is valid at any Texas entity that receives U.S. -- Department of Transportation(DOT)funds and has a DBE Program. ♦ Contractors will not be penalized if they fail to meet contract DBE goals as long as they "make good faith efforts to meet a DBE contract goal" ♦ Contractors who fail to meet DBE goals and fail to make a good faith effort may be penalized. The penalty may consist of the termination of the contract, • the deduction of the dollar amount of DBE goal not accomplished, • or such other remedy or remedies as deemed appropriate. Federal Regulations a. 49 CFR Part 26 Design-bid-build–The DBE program may not restrict competition or provide in-state or other local preference. b. 23 CFR 635.107(b)Design-build–The provisions of 49 CFR Part 26 and the receiving agency's approved DBE plan applies. If DBE goals are set,DBE commitments above the goal must not be used as a proposal evaluation factor in determining the successful proposer. State Regulations a. Texas Administrative Code, Chapter 43, §9.54–Requires that TxDOT establish overall HUB participation goals and assign individual project goals to achieve overall goal. Note that the Comptroller of Public Accounts(CPA)certifies HUBS and provides that the CPA recognize some TxDOT-certified DBEs as HUBS. Requires that provisions addressing HUBs be included in TxDOT contracts funded entirely with state and local funds. Does not apply to contracts with federal funds. - b. Texas Administrative Code, Chapter 43, §9.55 -Requires that TxDOT establish annual SBE contracting goals. Notes that the TxDOT maintains an SBE directory and provides that TxDOT-certified DBEs and HUBs also meet SBE requirements without having to apply for SBE eligibility. Allows provisions addressing SBEs be included in TxDOT contracts funded entirely with state and local funds. The SBE requirements do not apply to contracts with federal funds. c. Texas Government Code 2161 –Historically Underutilized Business(HUB) program applicable to state agencies and institutions of higher learning. Includes certification of HUBS and maintenance of a directory of certified HUB s. Does not apply to local or other entities. d. Texas Government Code 2252 Subchapter E–Defines general requirements for a contractor(including a subcontractor)claiming status as a Disadvantaged or Historically Underutilized Business. Applies to all agencies and entities. No Local Government Project Procedures 11-35 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components language concerning requirements for agencies to consider DBEs or HUBS in "- contract administration. e. Texas Transportation Code 201.702–Requires that TxDOT set goals for awarding state or federally funded contracts to disadvantaged businesses. The goals must approximate the federal requirement for federal funds. f. Texas Transportation Code 366.184–Requires that Regional Tollway Authorities set goals for disadvantaged businesses consistent with general law. g. Texas Transportation Code 370.183–Requires that Regional Mobility Authorities set goals for disadvantaged businesses consistent with general law. Required Practices a. For projects with federal funds, if the LG does not adopt TxDOT's program,the LG must submit a DBE program through TxDOT to FHWA for submission to the USDOT for approval. The proposed program will cover issues such as goal setting, submission of commitments, counting DBE participation, commercially useful function, and final report submission. The LGs that adopt TxDOT's program must use the most current version of TxDOT DBE special provisions for federally funded projects. b. For projects with state funds,the LG will be required to follow the provisions of Transportation Code 201.701 and Texas Administrative Code, Chapter 43, §9.54 (HUB)and §9.55 (SBE). The LG must submit project goals to TxDOT for approval before advertising for receipt of bids. Contractors must select DBEs, HUBS,and SBEs from TxDOT-approved or maintained sources. The LG will report final accomplishments to TxDOT for credit to overall program goals. c. For projects with no state or federal funds,the LG must follow statutes for their -- particular program. LGs are encouraged to use DBEs,HUBS,and SBEs from TxDOT-approved or maintained sources. The LG must also report final accomplishments to TxDOT for credit to overall project goals. LG Responsibilities a. The LG must develop their own program (in accordance with 49 CFR Part 26) and submit through TxDOT to FHWA and USDOT for approval. As an alternate, the LG may adopt TxDOT's approved DBE program. b. Establish project goal and include in bid document. c. Include DBE provisions in bid document. d. Ensure DBEs are certified under the Texas Unified Certification Program. e. Review DBE participation to ensure contract goals are satisfied in accordance with provisions in the bid document prior to contract award. f. Monitor progress during construction to assure goal is met or good faith efforts are made. -- g. For design-build projects,in addition to the above,do not consider commitments in excess of the specified goal in the evaluation of proposals. TxDOT District Responsibilities a. DBE accomplishments on all projects will be credited to the TxDOT overall DBE goal. Submit final DBE accomplishment reports to OCR. Local Government Project Procedures 11-36 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. For projects with federal funds, submit the LG's DBE Program to OCR for further submission to FHWA for USDOT approval. c. For projects with state or federal funds,the LG has primary monitoring responsibility, but the District will spot check compliance during periodic visits to the project. Submit questions and non-compliance issues to OCR for assistance. d. For projects with state or federal funds, assure that the applicable special - provisions are included in procurement documents. e. Spot check the contractor's progress and commercially useful function during periodic inspections of projects with federal funds. Spot checks are not required on state funded projects. f. There is no additional monitoring on projects without state or federal funds other than reporting final DBE accomplishments to OCR. Equal Employment Opportunity General. The Texas Department of Transportation,as a contracting agency,has a responsibility to ensure that all Federal-aid contractors, subcontractors, vendors, and material suppliers do not discriminate in employment and contracting practices based on race, color,religion (in the context of employment), sex, national origin, age or disability. As a recipient of federal funds,the department has the responsibility to ensure that required equal opportunity requirements are included in direct federal and federal-aid contracts and that contractors are in compliance with those requirements under the department's authority(The department has no authority under Executive Order 11246 to ensure compliance with or enforce Office of Federal Contract Compliance Programs (OFCCP)requirements). A contractor's minimum equal opportunity requirements are set forth in the Required Contract Provisions Federal-aid Construction Contracts(FHWA-1273)and are applicable to contractors and subcontractors who hold Federal or Federal-aid contracts of$10,000 or more. This is a standard document containing required federal EEO contract provisions and proposal notices physically required to be incorporated in each direct federal and federal-aid highway construction contract and subcontract(at any tier)of$10,000 or more. The department imposes specific nondiscrimination and affirmative action obligations on federal-aid highway contractors relating to their employment practices under the following authorities: Federal Regulations a. Title VI of the Civil Rights Act of 1964 b. The Civil Rights Restoration Act of 1987 c. The Age Discrimination Act of 1973 d. The Rehabilitation Act of 1973 e. 23 U.S.C. Section 140-324 Local Government Project Procedures 11-37 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components f. 49 CFR Part 21:Nondiscrimination in Federally-Assisted Programs of the Department of Transportation g. 23 CFR Part 200: Title VI Program and Related Statutes–Implementation and Review Procedures h. 23 CFR Part 230: FHWA External Program Regulations i. 23 CFR Section 1.9 and 1.36 j. 23 CFR Section 635.117(d)and(e):Labor and Employment k. Form FHWA– 1273 1. FHWA Order 4710.8: Clarification of FHWA and State Responsibilities under 2 Executive Order 11246 and Department of Labor Regulations in 41 CFR Chapter 60 State Regulations a. Texas Administrative Code,Title 43 §9.4–Requires TxDOT to monitor recipients of federal funds for Title VI activities. b. Texas Labor Code, Title 2, Subtitle A, Chapter 21, Subchapter B–Prohibits employer discrimination on the basis of race,religion, sex, color,national origin, age or disability. Required Practices a. To effectuate a sound and effective Equal Opportunity Contractor Compliance Program on Federal and Federal-aid projects,there must be cooperation, coordination and communication between the major partners:the Federal + Highway Administration(FHWA),Texas Department of Transportation (TxDOT),the Local Government(LG), and the contractor(s).Each partner has a critical role to play and responsibility to ensure that Federal Equal Employment ON Opportunity,nondiscrimination, and Equal Opportunity objectives are achieved. b. The contractor has a fundamental role and responsibility to take all reasonable and necessary steps to ensure that the equal opportunity terms and conditions of its contract are fully met.This includes but is not limited to its employment policy and its selection and retention of subcontractors,material suppliers and vendors void of discrimination.The contractor is responsible for having in place and implementing an equal opportunity policy that ensures equal access to employment,training, and business opportunities to minorities and women. c. The contractor is required to fully cooperate with the LG,TxDOT and the FHWA in meeting the EEO requirements of the Federal and federally assisted contracts including providing ready access to all files and records and submitting all required and requested reports to assist them in determining compliance. d. All entities will ensure compliance with applicable provisions of the Civil Rights Act. For guidance in compliance matters, TxDOT's Office of Civil Rights may be contacted at 1-866-480-2518. Local Government Project Procedures 11-38 TxDOT 02/2009 ® Section 3—Local Government(LG) Contract Module 11—Construction Components LG Responsibilities a. Adopt TxDOT's EEO program or submit alternate program proposal for Federal Highway Administration approval. - b. Include federal EEO requirements language in bid document. c. In accordance with 23 CFR Part 230 and Form FHWA-1273,the LG must ensure that all Federal-aid construction contractors and subcontractors with contracts of $10,000 or more do not discriminate and will take affirmative action to assure equal employment opportunity for all persons attendant to the contract.To assure nondiscrimination,the LG must do the following: i. Ensure all contractors and subcontractors accept the following as their operating EEO policy verbatim: "It is the policy of the Company to assure that applicants are employed, and that employees are treated during employment,without regard to their race,religion, sex, color or national origin, age or disability. Such .. action shall include:Employment,upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship,pre-apprenticeship,and/or on-the-job training." ii. Ensure that all contractors and subcontractors designate and identify an EEO .� Officer. iii. Ensure that all contractor and subcontractor personnel authorized to hire, supervise,promote and discharge employees are fully cognizant of,and will implement,the EEO policy. iv. Ensure that all contractors and subcontractors,when recruiting for employees, include in all advertisements for employees the notation: "An �. Equal-Opportunity-Employer". Contractors and subcontractors must also implement additional recruitment efforts such as utilizing public and private employee-referral services and employee referrals. d. Monitor contractor compliance with program e. Ensure that the contractor displays the following federal posters and notices on project-site bulletin boards.The government referral line for questions regarding required posters is 1-800-688-9889. i. Equal Opportunity is the Law required by 41 CFR 60-1.4(b)(1) ii. EEOC-P/E-S (Spanish Version)or call 1-800-669-3362 iii. Contractor's EEO Policy statement required by Form FHWA-1273-EEO „ officer name and phone number. f. Ensure that all contractors and subcontractors submit annually,FHWA Form- 1391 reflecting the racial and gender utilization of their workforce on their federal-aid highway construction projects. The report is a summary of laborers on their last payroll period before the end of July.The form is submitted each August for projects under construction during the month of July.The LG keeps copies of Local Government Project Procedures 11-39 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components the forms in its respective project file.The LG forwards the reports to the appropriate TxDOT district office. g. Provide technical assistance and training to contractor. This can consist of meeting with individual contractors to provide"one-on-one"assistance on developing an effective EO/EEO program or more specific areas such as recruiting and hiring minorities and women. TxDOT District Responsibilities a. Ensure the LG includes approved EEO language in bid proposals or request for proposals. b. Distribute the Form 1391 to the LG for them to give to their contractors.The contractor must submit the completed original Form 1391 to the TxDOT district office by the established deadline.The district office will then submit the original Form 1391 to the TxDOT Office of Civil Rights.The LGs, contractors and district offices are required to maintain a copy of the Form 1391 s for a period of three years past the project completion date. c. The Form 1391 data is to be compiled into the Form 1392 by the district office and the originals submitted to the Office of Civil Rights, Contract Compliance Section(OCR-CSS).The Form 1392 will be due as indicated in the memorandum sent to each district by the director of the Office of Civil Rights. d. Ensure that local let project inspectors are periodically checking Federal-aid project site bulletin board requirements for display of the above referenced federally required EEO posters and notices. TxDOT Office of Civil Rights Responsibilities a. Conduct EO compliance reviews to ensure contractor compliance with federal contract EEO requirements. b. Serve as a resource for preferred EEO program practices. Equipment Rental Rates General Federal regulations address participation in equipment owned or rented by the contractor and used in force account work. Specified cost accounting principals must be used to develop the rates.In 1986, an Office of the Inspector General (OIG)audit of rental rates found that a significant number of contractors were being reimbursed for equipment usage based on rates that included ineligible costs.Ineligible costs included use of contingencies, replacement cost escalator factors, and premium rental rates for rental periods less than one month. Federal policy requires that actual costs be used to determine extra work payments; however,actual equipment costs are usually not readily available.Therefore,the FHWA permits an LG to specify the acceptable rate guides in construction contracts. The LG may also include any equipment rate schedules developed in conformance with the Federal cost principles and the FHWA policy. Local Government Project Procedures I1-40 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components The Federal cost principles applicable to rental rates for contractor furnished equipment are contained in 48 CFR, Part 31.The provisions in OMB Circular 87 apply when LG-owned equipment is used. Rental Rate Guides: An LG may, subject to TxDOT concurrence, adopt the Blue Book or other industry rate guide, or it may develop its own guide.The LG must make the determination that the equipment rental rates developed or adopted fairly estimate a contractor's actual cost to own and operate the equipment within its jurisdiction.TxDOT must review and approve the LG's rates for compliance with the policy before including the rates in a contract proposal. Adjustment Factors: Equipment is not expected to operate for 12 consecutive months.Maps at the beginning of each Blue Book equipment section indicate adjustment factors based on climate and regional costs. Rate adjustment tables indicate adjustment factors based on equipment age. The adjustment factors in the maps and tables are to be applied when determining the eligible rate. Maximum Rate: The Blue Book adjusted rates cover all eligible equipment related costs. Therefore,they are considered to be the maximum eligible rates for Federal-aid participation purposes. Hourly Rates: The developer of the Blue Book accumulates all contractor costs for owning a piece of equipment on an hourly basis. The monthly rate displayed in the rental guide is determined by multiplying the accumulated hourly costs by the monthly standard of 176 hours. Therefore, for periods of equipment use less than the standard 176 hours per month, Federal-aid participation shall be limited to the hourly rate obtained by dividing the monthly rate by 176.Premium rates contained in the rate guides shall not be used. Standby Equipment Rates:The contractor continues to incur certain ownership costs when equipment is required to be on standby. The use of a standby rate is appropriate when equipment has been ordered to be available for force account work but is idle for reasons that are not the fault of the contractor.While an industry standard does not exist for standby rates, it has been the normal practice of the courts to reduce published ownership rental guide rates by 50 percent for standby rate usage.Therefore,the FHWA will accept 50 percent of the ownership rental rates of an approved guide as the standby rate in lieu of a contractor's actual standby costs. There should be no operating costs included in the rate used and standby time should not exceed 8 hours per day, 40 hours per week, or the annual usage hours as established by the rate guide. Mobilization:The costs required to mobilize and demobilize equipment not available on the project are eligible for reimbursement. Standby rates should be used for equipment while being hauled to and from the project. This will be in addition to applicable rates for the hauling equipment.All costs associated with the assembly and disassembly of the equipment for transport should also be considered in the mobilization costs. Overhead:Equipment overhead includes such items as insurance,property taxes, storage, licenses and record keeping. The Blue Book rates include all equipment overhead costs. Therefore, if a contractor proposes to apply project or home office overhead to a Blue Book Local Government Project Procedures 11-41 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components rate,the LG must assure that it contains no equipment overhead cost factors. TxDOT will determine the reasonableness of such a rate. Profit: There is no provision for equipment rental profit in the Blue Book published rates. Federal regulations do not prohibit the addition of an amount for profit. If an LG has a policy for the payment of profit, it should be followed on Federal-aid contracts. If a profit amount is used,TxDOT will determine reasonableness based on experience. Contractor Leased Equipment: When a contractor obtains equipment through a third party rental agreement for use in a force account situation,the cost will normally be the invoice cost.The invoice cost should be comparable with other rental rates of the area.The Associated Equipment Distributors(AED)Rental Rate and Specifications may be used to evaluate the costs for such equipment rental. Since rental agreements vary,the specific operating costs included in the rental agreement may need to be determined.The contractor may be reimbursed for additional eligible operating costs not covered by the agreement(i.e., fuel, lubrication, field repairs, etc);however, equipment standby time will not be reimbursed. The AED book is not acceptable as a rate guide for contractor owned equipment.The AED rates are based on national averages of rates charged by equipment distributors and do not reflect the contractor's cost of owning and operating the equipment. Federal Regulation a. Non-regulatory Supplement to 23 CFR 635.120–Equipment Rental Rates i. Requires actual costs be used for extra work payments. ii. Allows predetermined rate guides be used for equipment rates for contractor-owned equipment in lieu of actual cost. Blue Book is acceptable guide. iii. Allows reimbursement of reasonable rental cost if contractor leases equipment. State Regulation a. Texas Administrative Code, Title 43, §26.33(g)(1)–Specifications for projects administered by a Regional Mobility Authority must conform to TxDOT Standard ,h� Specifications. b. Texas Administrative Code,Title 43, §27.56(C)(3)(A)–Specifications for projects administered by a Regional Toll Authority must conform to TxDOT Aa Standard Specifications as a condition of state fund participation. Required Practices a. Equipment rental rates for all projects with federal or state funds must comply with TxDOT standard specifications. (See Article 9, Section 5) i. Develop rates and submit for TxDOT approval if state or federal funds sought for added work. b. The LG may use equipment rental rates in accordance with their own practices if federal or state funds are not sought for the added work. Local Government Project Procedures 11-42 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components '^ c. The LG may use equipment rental rates for projects with no federal or state funds in accordance with their own practices. LG Responsibilities a. Adopt TxDOT specifications for equipment rental rates or develop procedures based on 48 CFR 31. If the LG develops their own rental rates, TxDOT must review and approve the rates for compliance with the policy before including the rates in a contract proposal. TxDOT District Responsibilities a. For projects with state or federal funds, ensure that the LG advises potential bidders that Blue Book rates will be used for rental equipment in force account work. Verify that force account change orders use Blue Book rates. b. If the LG develops their own rental rates,TxDOT must review and approve the rates for compliance with the policy before including the rates in a contract proposal. c. There is no monitoring on projects without state or federal funds. FHWA Final Rule on Temporary Traffic Control Devices General This Final Rule is intended to reduce the likelihood of fatalities and injuries to road users, and to workers who are exposed to motorized traffic (vehicles using the highway for purposes of travel)while working on Federal-aid highway projects. Beginning December 4,2008,the Final Rule will provide new and supplemental regulations concerning the use and payment of uniformed law enforcement officers,positive protection measures between workers and motorized traffic, and temporary traffic control devices on construction,maintenance,and utility work zones. The regulations apply to all Federal-Aid highway projects,but state agencies are encouraged to adopt these on other types of projects as well. Agencies are to establish processes,procedures, and/or guidance to systematically consider the use of the following: 1. Positive protection devices to prevent the intrusion of motorized vehicles into the work space and other hazardous areas of the work zone. The use of positive protection devices must be based on an engineering study. An engineering study may '-" be used to develop positive protection guidelines, or to determine appropriate measures for an individual project. The engineering study should be based on consideration of factors and characteristics such as: • Project scope and duration, • Anticipated traffic speeds through the work zone, • Anticipated traffic volume, Local Government Project Procedures 11-43 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components • Distance between traffic and workers, and extent of worker exposure, • Escape paths available for workers to avoid a vehicle intrusion into the work space, " • Time of day(e.g.,night work), • Etc. 2. Exposure control measures to avoid or minimize worker exposure to motorized traffic, and road user exposure to work activities. Exposure control measures should be considered to avoid or minimize exposure for workers and road users. Examples of exposure control measures include: • Full road closures, • Ramp closures, • Median crossovers, • Full or partial detours or diversions, • Protection of work zone setup and removal using rolling road blocks, • Performing work at night or during off-peak periods, • Etc. 3. Uniformed law enforcement and other traffic control measures to reduce work zone crashes. Each agency, in partnership with the FHWA, shall develop a policy addressing the use of uniformed law enforcement on Federal-aid highway projects. The policy may consist of processes,procedures,and/or guidance. In general,the need for law enforcement is greatest on projects with high traffic speeds and volumes, and where the work zone is expected to result in substantial disruption to or changes in normal traffic flow patterns. In addition, if law enforcement is used,they must be trained as required in 23 CFR 630.1008(d). Specific project conditions should be examined to determine the need for or potential benefit of law enforcement, such as the following: • Frequent worker presence adjacent to high-speed traffic without positive protection devices, • Traffic control setup or removal that presents significant risks to workers and road users, • Complex or very short term changes in traffic patterns with significant potential for road user confusion or worker risk from traffic exposure, • Night work operations that create substantial traffic safety risks for workers and road users, Local Government Project Procedures 11-44 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components • Existing traffic conditions and crash histories that indicate a potential for substantial safety and congestion impacts related to the work zone activity, and that may be mitigated by improved driver behavior and awareness of the -- work zone, • Work zone operations that require brief stoppage of all traffic in one or both directions, • Etc. 4. Safe exit and entry of work vehicles into and out of the work area from the travel lanes.The agency processes, procedures, and/or guidance should also address safe means for work vehicles and equipment to enter and exit traffic lanes and for delivery of construction materials to the work space, based on individual project characteristics and factors. In addition to the preceding four traffic control considerations,the Final Rule also includes requirements for: 5. Payment for traffic control features& operations. Payment for traffic control features and operations shall not be incidental to the contract, or included in payment for other items of work not related to traffic control and safety. Separate pay items shall be provided for major categories of traffic control devices, safety features,and WZ ^� safety activities. For method-based specs,unit price pay items, lump sum pay items, or a combination thereof may be used. Specs should include provisions to require and enforce compliance with implementation and maintenance of the project TMP and related traffic control items. 6. Traffic Control Ouality guidelines. Each agency shall develop and implement quality guidelines to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project. A level of inspection necessary to provide ongoing compliance with the quality guidelines shall be provided. Federal Regulations a. 23 CFR 630 Subpart K. b. 23 CFR 630.1008(d) State Regulations a. No comparable statute. Required Practices a. Requirements of 23 CFR 630 Subpart K applies to all projects with federal funds. LG Responsibilities a. Adopt TxDOT's program or submit an alternate for approval. Local Government Project Procedures 11-45 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components b. Include bid items for traffic control features and operations, and if used, law enforcement in the bid documents. c. If law enforcement is used, ensure they have the required training. d. Monitor contractor compliance with program. – TxDOT District Responsibilities a. If the LG submits an alternate to TxDOT's Temporary Traffic Control program, review the program for compliance with the applicable regulations. b. For projects with federal funds, review bid documents for required provisions. c. For projects with federal funds, ensure the LG's maintain the quality and adequacy of the temporary traffic control devices. d. There is no monitoring on projects without federal funds. Form FHWA-1273 General. The Form FHWA-1273,Required Contract Provisions, is a convenient collection of contract provisions and proposal notices that are required by regulations promulgated by the FHWA and other Federal agencies.The provisions contained in Form FHWA-1273 are generally applicable to all Federal-aid construction projects and must be made a part of, and physically incorporated into, all contracts, as well as all appropriate subcontracts and purchase orders. .. The LG is not permitted to modify the provisions of Form FHWA-1273. Minor additions covering other requirements may be included in a separate supplemental specification, provided they do not conflict with State or Federal laws and regulations and do not change the intent of the required contract provisions. Federal Regulation a. 23 CFR 633–Required contract provisions must be physically incorporated into all contracts and appropriate subcontracts and purchase orders. State Regulation a. No comparable statute. Required Practices a. Inclusion of Form FHWA-1273 is not required on projects with no federal funds. LG Responsibilities -- a. The LG must include Form FHWA-1273 verbatim into all contracts and must insure that the prime contractor incorporates the provisions into all subcontracts and purchase orders. Local Government Project Procedures 11-46 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. For projects with federal funds,review bid proposals or requests for proposal for inclusion of Form FHWA-1273. For design-build and concessionaire projects, reference to Form FHWA-1273 in the local agency agreement will suffice and no further TxDOT monitoring is required as it is the LG's responsibility to assure inclusion in bid documents. b. There is no monitoring on projects without federal funds. Liquidated Damages General Liquidated damages are required as a means of recovering, at a minimum, construction engineering costs from a contractor. Contract time is an essential element of the contract and it is important that the work be pressed vigorously to completion.The cost to the contracting agency for the administration of the contract, including engineering, inspection and supervision, increases as the contract time increases. Likewise,the road user costs also increase as the completion date of the contemplated facility is extended. The liquidated damages contract provision provides a mechanism for the contracting agency to recover these costs associated with the contract time overrun.TxDOT is required to have the - LG incorporate liquidated damages provisions into their Federal-aid contracts as a condition of the project agreement. Most of the contracting agencies use a liquidated damage rate schedule based on a range of contract amounts.However, some use a daily rate that is calculated specifically for the particular project. The LG is required to develop and maintain its own liquidated damages rates that will cover, as a minimum,the LG's average daily construction engineering(CE) costs attributable to a contract time overrun.The rates are subject to verification and approval by TxDOT.The LG must also review the rate every two years and adjust it if necessary. In addition to CE costs,the LG may include the costs of project-related delays or inconveniences,to the LG or to the public, in their liquidated damage provisions.In such �^ cases,costs recovered in excess of the actual CE costs shall be deducted from the construction costs in proportion to the Federal participation on the project.Costs recovered in excess of the actual CE costs shall be deducted from the construction costs. Incentive/disincentive amounts are to be shown separately from the liquidated damage amounts and are to be based on road user costs. In addition,the LG may include provisions for consequential damage when tolls are involved. Additional guidance may be obtained from TxDOT's Accelerated Construction Strategies Guideline. Federal Regulation a. 23 CFR 635.127-Overruns in contract time(applicable to projects on the National Highway System) i. Requires entities to develop liquidated damage rates. As a minimum,the rate should include the average daily cost of construction engineering. -- ii. Allows other costs to be included in liquidated damage rates. Local Government Project Procedures I1-47 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components r.. iii. Allows incentive/disincentive provisions to be included in the contract, but must be separate from liquidated damages. State Regulation a. Transportation Code 223.012–Requires that TxDOT develop a schedule of liquidated damages. b. Texas Administrative Code, Title 43, §26.33(g)(1)–Specifications for projects that connect to a state highway administered by a Regional Mobility Authority must conform to TxDOT Standard Specifications. r c. Texas Administrative Code,Title 43, §27.56(C)(3)(A)–Specifications for projects administered by a Regional Toll Authority must conform to TxDOT Standard Specifications as a condition of state fund participation. Required Practices a. For all projects with federal and/or state funds,the LG must follow TxDOT policy �- on liquidated damages and incentive/disincentive. The LG must develop liquidated damage rates based on the LG's anticipated construction engineering cost. b. For projects with no federal or state funds,the LG may follow their own practices. LG Responsibilities a. The LG must develop liquidated damage rates that recover the cost of construction engineering.TxDOT will approve the rate. b. Submit liquidated damage schedule to TxDOT for approval. c. Submit other desired provisions, such as incentive/disincentive to TxDOT for approval. d. Include appropriate language in bid documents -- e. Assess damages in accordance with bid documents. TxDOT District Responsibilities a. Design-bid-build i. For projects with state or federal funds, review LG's liquidated damage schedule, incentive/disincentive rates,and implementing specifications for conformance with TxDOT policy. Submit to DES through CST for approval. ii. Assure approved rates and provisions are included in bid proposals. iii. Assure liquidated damages are properly assessed at final inspection. iv. There is no monitoring on projects without state or federal funds. b. Design-build and concessionaire i. For projects with state or federal funds, ensure the LG implements provisions of the request for proposals or the concessionaire agreement. ii. There is no monitoring on projects without state or federal funds. -- Local Government Project Procedures 11-48 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components Lobbying Certification General Section 319 of Public Law 101-121 (31 USC 1352)prohibits Federal funds from being expended to influence, or attempt to influence, a Federal agency or Congress in connection with the award of any Federal contract or grant.This prohibition applies to all recipients, including lower tier subrecipients of a Federal contract or grant.Prior to receiving funds in excess of$100,000 per contract/grant,the LG must submit to the TxDOT a certification that it has not and will not make any prohibited payments for lobbying.By signing a contract or subcontract, a prime contractor or subcontract is certifying that it will comply with lobbying restrictions. The LG certification is to be retained by TxDOT.Likewise, lower tier certifications are to be retained by the next higher tier(i.e.,prime contractors retain their subcontractors' certifications, etc.) Any participant that has made, or agreed to make, payments for lobbying activities using non-Federal funds, is required to disclose such activities.Payments of non-Federal funds to regularly employed officers or employees of the agency or firm are exempt from the disclosure requirement. Federal Regulation a. 23 CFR 635.112(g) i. The administrating entity must include the lobbying certification in the bid documents(by virtue of putting Foran FHWA-1273 into the contract). ii. By signing a bid document that includes Form FHWA-1273,the bidder certifies that they meet lobbying requirements of 49 CFR 20. iii. The prime contractor must include lobbying certification in all lower tier contracts in excess of$100,000. b. 49 CFR 20–New restrictions on lobbying i. Requires recipients of federal funds in excess of$100,000 to file a disclosure form with FHWA. ii. Contains details of the certification. State Regulation a. No comparable statutes. Required Practices a. None LG Responsibilities a. Include FHWA-1273 in bid document. b. Require contractor to include language in lower tier contracts. Local Government Project Procedures 11-49 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. For projects with federal funds, ensure the lobbying certification is included in all bid documents, including proposals,requests for proposals,and concessionaire agreements. b. There is no monitoring on projects without federal funds. Local Hiring Preference General The LG may not include any contract provisions that require a contractor to give any preference in hiring. Some states and local public agencies have implemented policies that encourage or mandate the use of local employment or local contracting.In such cases, Federal-aid contracts(including invitations for bids or request-for-proposal documents)must contain specific provisions that state that such preferences are not applicable to contracts funded by FHWA. Compliance with local preference provisions will not be a condition of responsiveness in the consideration of bids or a condition of responsibility prior to the award of contract. While the state and local governments are precluded from enacting such preference requirements,this requirement does not apply to the Federal Government.Therefore, Federal hiring preference requirements, such as EEO/Affirmative Action,Appalachian Preference, and Indian Preference are not in conflict with this policy. Federal Regulation a. 23 CFR 635.117(b)–Prohibits including provisions in contract documents that requires or encourages that a contractor give preference in hiring on any project that includes federal funds. Compliance with local preference provisions will not be a condition of responsiveness in the consideration of bids or a condition of responsibility prior to the award of contract. State Regulation �.. a. Transportation Code 223.043–For projects on the state highway system,TxDOT may require that a citizen of the United States and of the county in which the project is being proposed be given preference in employment to perform manual labor. Required Practices a. No hiring preferences will be allowed on any projects that includes federal funds. b. For any projects with state funds,the LG must gain TxDOT approval before using contract or agreement language mandating hiring preference. c. For any projects with no state or federal funds, the LG may follow their own practices on hiring preferences. LG Responsibilities a. For projects with federal funds, do not include any State or local hiring preferences in bid documents or request for proposals. Local Government Project Procedures 11-50 TxDOT 0212009 '- Section 3—Local Government(LG) Contract Module 11—Construction Components b. For projects with state funds but no federal funds,request TxDOT approval to require hiring preferences if desired TxDOT District Responsibilities a. For projects with federal funds,review all bid proposals,requests for proposals, and concessionaire agreements to ensure hiring preference language is not included. b. For projects with state funds, submit the LG's request to use hiring preference clauses to CST. c. There is no monitoring on projects without state or federal funds. Materials General Plans and specifications need to clearly define the types, locations construction requirements in detail to facilitate the construction,the contract control and the estimation of construction costs of the project.The estimate must reflect the anticipated cost of the project in sufficient detail to provide an initial prediction of the financial obligations to be incurred by the LG, State or FHWA and to permit an effective review and comparison of the bids received. Federal Regulation a. 23 CFR 630.205–The plans and specifications must describe construction requirements in sufficient detail to facilitate construction. b. 23 CFR 636B–Solicitations for design-build projects describe evaluation factors, which may include particular material quality requirements or design performance criteria(i.e., pavement design life). c. 23 CFR 637B describes a program to determine specification compliance for materials incorporated into the project. See the project requirement"Quality Assurance Program"for more details. State Regulation a. Local Government Code 262.025–A notice for receipt of competitive bids must include specifications describing the item to be purchased. This applies to counties. b. Local Government Code 271.025 –Governmental entity advertising for competitive bids must include information that describes the work. c. Local Government Code 271.188–For design-build projects,the LG must provide or contract for material engineering,testing and verification testing that is �. independent from the design-build firm. d. Texas Administrative Code,Title 43, §26.33(g)(1)–Specifications for projects that connect to a state highway administered by a Regional Mobility Authority must conform to TxDOT Standard Specifications. e. Texas Administrative Code,Title 43, §27.56(C)(3)(A)–Specifications for projects administered by a Regional Toll Authority must conform to TxDOT Standard Specifications as a condition of state fund participation. Local Government Project Procedures 11-51 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components f. Transportation Code 221.003(d)–A County Commissioners Court may not make improvements to the state highway system until the plans and specifications have been approved by TxDOT. g. Transportation Code 366.185–Contracts by Regional Tollway Authorities must be procured by a competitive bid procedure. h. Transportation Code 370.306–A Regional Mobility Authority that uses a Comprehensive Development Agreement for procurement must publish criteria used to evaluate proposals. The criteria may include materials requirements. Required Practices a. For projects with state or federal funds and projects on the state highway system, TxDOT must approve the plans and specifications prior to advertising for competitive bids or a request for proposals. The LG must either adopt TxDOT's Standard Specifications or develop alternate specifications and submit to TxDOT for approval. For alternate specifications,the material requirements must fulfill the purpose of the approved design and must be in general conformance with TxDOT material quality standards. Proposed changes to material requirements must have TxDOT approval before the LG implements the change. b. For projects off the state highway system and no state or federal funds,the LG may use their own material requirements without TxDOT approval. c. If a concessionaire agreement includes long-term maintenance (40 years or more), the concessionaire may use any material that meets performance requirements of the project at their discretion without TxDOT approval. LG Responsibilities a. Adopt TxDOT Standard Specifications or submit alternate, comparable specifications to TxDOT for approval. b. Request TxDOT approval of changes to material specifications before implementation. c. For design-build, submit evaluation criteria to TxDOT before issuing request for proposals TxDOT District Responsibilities a. For projects with state or federal funds and all projects on the state system, review proposed specifications and evaluation criteria for conformance to TxDOT material specifications. Submit questions and clarification concerns to CST for final determination. b. There is no monitoring on projects without state or federal funds or concessionaire projects with a long-term maintenance component. Method of Construction (or Method of Bidding) General Construction contracts are to be awarded by competitive bid.One of the most basic tenets of Federal-aid contracting is that construction contracts are to be awarded Local Government Project Procedures 11-52 TxDOT 02/2009 Section 3—Local Government (LG) Contract Module 11—Construction Components competitively to the contractor that submits the lowest responsive bid.This mandate is set forth in 23 U.S.C. 112 and reinforced by 23 CFR 635.114(a)which requires that: "Federal-aid contracts shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established by the STD [TxDOT] ...." The act of an LG negotiating with an apparent low bidder prior to award is defined as "bid rigging in reverse" and is expressly prohibited by 23 CFR 635.113(a).Adding alternates may be considered after bids are opened only if the contract contains the priority order in which alternates are to be considered. There may be situations that support the use of a contracting method other than competitive bidding.Noncompetitive construction contracting or other unusual methods of construction may be approved under one of two conditions: ♦ The option is proven to be more cost effective, or ♦ An emergency exists and time is a critical factor. 23 CFR 635 Subpart B allows that"rare" circumstances may justify the use of force account, negotiated contract or other unusual method of construction.The regulations clearly indicate that in the absence of an emergency situation circumstances are unlikely to justify the use of other methods of construction.Therefore,the consideration of any noncompetitive construction contract method requires a cost effectiveness determination as well as an evaluation that demonstrates that the circumstances are unusual and unlikely to recur. A cost effectiveness finding is required for the TxDOT approval of any LG proposal to use a non-competitive method of contracting.Title 23 CFR 635.205 cites the following situations as possible reasons for the use of noncompetitive construction contracting: ♦ When the rights or responsibilities of the community are so affected as to require a special course of action, including situations where there is a lack of competition or unreasonable bids, it may be determined to be cost effective to use force account. ♦ When by reason of the inherent nature of the operation, it is deemed cost-effective to do minor adjustments of railroad and utility facilities(major work still to be accomplished by competitive bidding)by force account. Under the first circumstance the use of force account may be found cost-effective when properly documented. Under the second circumstance,FHWA has determined that the use of force account is always cost-effective, and therefore,no additional documentation is required. Force account work using LG forces is discussed in 23 CFR 635 Subpart B and is defined as: "....the direct performance of highway construction work by an LG by use of labor, equipment,materials, and supplies furnished by them and used under their direct control". Local Government Project Procedures 11-53 TxDOT 02/2009 Section 3—Local Government(LQ) Contract �. Module 11—Construction Components Force account contracts with a private contractor are an exception to normal construction contracting procedures and should rarely be approved. Circumstances that justify a negotiated construction contract should be even more of an exception,making approvals of such contract methods extremely rare. Federal Regulation a. 23 CFR 635.104–Construction work must be performed by competitive bids unless some other method is more cost effective or an emergency exists. b. 23 USC 112(b)(3)–Allows design-build as an acceptable contracting method for federally funded projects. c. 23 CFR 636–Implementing language on design-build contracting. State Regulation a. Local Government Code 252.021 –Municipalities must use competitive sealed bids for contracts in excess of$50,000. b. Local Government Code 262.023 –Counties must use competitive bidding procedures for purchases over$25,000. c. Local Government Code 271.006–A municipality must comply with the requirements of Chapter 252 and a county must comply with the requirements of Subchapter C,Chapter 262. d. Local Government Code 271.192–For design-build projects the LG must select a design-build firm using a combination of technical qualifications and cost. e. Transportation Code 223.201 –TxDOT may enter into agreements for a comprehensive development agreement with a private entity to design,develop, finance, construct,maintain,repair,operate, extend roadways. f. Transportation Code 366.185 –Contracts let by a Regional Tollway Authority must be let by a competitive bidding procedure. g. Transportation Code 370.185–Contracts let by a Regional Mobility Authority may be let by a competitive bidding procedure. h. Transportation Code 3 70.3 05 –A Regional Mobility Authority may use a comprehensive development agreement with a private entity. Required Practices a. For projects with state or federal funds,the LG must obtain TxDOT approval for any procurement method other than competitive bidding unless the alternate procurement method is allowed by state or federal statute. If competitive bidding is the method used,the LG must submit their process to TxDOT for approval. The process must meet the requirements of Transportation Code 223. b. For projects with no state or federal funds,the LG may use their own procurement methods without prior TxDOT approval. Local Government Project Procedures 11-54 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components LG Responsibilities a. Submit competitive bidding process to TxDOT for approval or written cost- effective justification or emergency condition if procurement other than competitive bidding is desired. b. For design-build projects, include language in RFP outlining selection criteria based on technical qualifications and cost. c. For concession projects, follow terms of agreement with TxDOT TxDOT District Responsibilities a. General–The agreement between TxDOT and the LG will indicate whether the project will be procured through a design-bid-build,design-build,or concessionaire process. The District will work with the LG during project development to assure that procurement meets the terms of the agreement. b. For design-bid-build projects with state or federal funds,forward the LG's request to deviate from the competitive sealed bid process to CST for coordination with other Divisions and TxDOT approval. Include the LG's cost-effective or emergency justification if the project has federal funds. c. For design-build projects ensure the LG procures the design-build firm based on technical qualifications and cost. d. There is no monitoring on projects without state or federal funds. Non-collusion Statement General The submission of a non-collusion statement protects the integrity of the Federal- aid highway program by serving as a deterrent to bid rigging activities.The certification also becomes evidence in prosecuting cases involving construction contract bid rigging.A non- collusion statement is required from all bidders and is to be submitted as part of the bid proposal package.Failure to submit the required certification will result in the bid being considered as non-responsive and ineligible for award consideration. The LG must include provisions in the bidding proposals that require all bidders to include a non-collusion statement with their bid.The FHWA, in consultation with the U. S. Department of Justice(USDOJ),has concluded that the non-collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States,or a sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the State. All non-collusion certifications shall be retained by the LG in accordance with the retention policy of 49 CFR 18.42.These certifications could serve as important evidence in the event that collusion or bid rigging is discovered at a later date. If for any reason, a person feels that fraud has occurred,they should contact the nearest USDOT Office of Inspector General (QLGJ office. The OIG maintains a fraud hotline at 1- 800-424-9071 or hM2://oig.state.gov/hotline/.This may be based on a suspicion or actual evidence of fraud,waste and abuse in any project funded by FHWA. Local Government Project Procedures 11-55 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components Federal Regulation a. 23 CFR 635.112(f)–For all projects with federal funds, a non-collusion statement is required from each bidder and is to be submitted as part of the bid package. If not submitted,the bid is non-responsive. State Regulation - a. No comparable state statute. Required Practices a. The LG must comply with federal statutes. LG Responsibilities a. The LG must insure that all bidders submit a non-collusion statement.If a bidder fails to submit the statement,their bid may not be opened, read and considered for contract award. b. Include non-collusion statement in bid package or in the request for proposal for design-build projects. c. Assure statement is submitted before reading bid. d. Retain statement for all bidders. TxDOT District Responsibilities a. For projects with federal funds, ensure that the non-collusion statement is included in the bid proposal, request for proposals, or concessionaire agreement, as applicable. b. There is no monitoring on projects without state or federal funds. Non-discrimination against Persons with Disabilities General. Discrimination on the basis of disability by public entities is prohibited. The prohibition extends to all activities of state and local governments participating in federally assisted programs. There are three federal laws that require accessible planning,design and construction, and actions to integrate people with disabilities into mainstream society. The Americans with Disabilities Act(ADA)prohibits discrimination against people with disabilities in all aspects of life, including transportation,public services, employment, housing, public accommodations, education, communication,worship,recreation and health services,regardless of funding source. Section 504 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987)addresses compliance with Federal design standards for accessibility. The Architectural Barriers Act of 1968 requires access to facilities designed,built, altered, or leased with federal funds. In addition,the Texas Architectural Barriers Act of 1969, as amended,requires that each building and facility subject to the Act be accessible to and functional for persons with disabilities. Subject facilities include facilities used by the public that are constructed, renovated, or modified,regardless of funding source. The law requires compliance with the -.. Local Government Project Procedures 11-56 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components Texas Accessibility Standards and the rules promulgated by the Texas Department of Licensing and Regulation(TDLR) in Title 16,Texas Administrative Code,Chapter 68. - LG must ensure that accessibility for individuals with disabilities is provided in the construction of all new transportation facilities. When altering existing transportation facilities,the LG must also ensure that the alterations are made in such a way as to provide access and utilization by individuals with disabilities. 49 CFR 37.3 defines a facility as: "...all or any portion of buildings, structures,sites,complexes,equipment,roads, walks,passageways,parking lots,or other real or personal property, including the site where the building,property, structure, or equipment is located". Federal Laws and Regulations a. 29 USC 794, et seq.—Section 504 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987). b. 42 USC 3, et seq. 12111 –Americans with Disabilities Act(Title II). c. 28 CFR Part 35–Nondiscrimination on the Basis of Disability in State and Local Government Services. d. 49 CRF Part 27–Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. . e. Public Law 100-259; 102 Stat. 28–Civil Rights Restoration Act of 1987. f. 23 CFR Part 652–Pedestrian &Bicycle Accommodations and Projects. g. 23 CFR Part 1235–Uniform System for Parking for Persons with Disabilities. h. 23 CFR 450.220(a)(4)–ADA Requirements to be Certified into Statewide Planning. i. 23 CFR 450.316(b)(3)–ADA Requirement for Metropolitan Planning. j. 23 CFR 771.105(f)–ADA Requirements for NEPA. k. Public Law 109-59–Safe,Accountable,Flexible,Efficient Transportation Equity Act: A Legacy for Users(SAFETEA-LU)of 2005. State Regulations a. Texas Occupations Code,Chapter 51 –Establishes the Texas Department of Licensing and Regulation (TDLR). b. Texas Government Code 469–Ensures that public buildings and facilities are accessible to and functional for persons with disabilities. i. Section 469.105–Requires inspection of buildings and facilities covered by the statute by TDLR or Registered Accessibility Specialist. Preferred Practices a. All projects must comply with the provisions of the cited statutes. b. The LG is responsible for coordination of TDLR inspection and for paying all fees assessed by TDLR. LG Responsibilities Local Government Project Procedures 11-57 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components a. Ensure all new and existing transportation facilities are designed and constructed to comply with the provisions of all cited statutes b. Request final inspection from TDLR c. Implement ADA Program to include: i. Notice of Nondiscrimination requirements-The LG will inform the public that they do not discriminate on the basis of disability in their programs, services and activities. - ii.Methods of Notification of Nondiscrimination Requirements-The LG will post their notice in local papers,magazines,bulletins, announcements, handbooks,pamphlets,brochures recruitment materials, application forms and any other publication they distribute. iii. Self-Evaluation-The LG will conduct a self-evaluation to ensure their policies and practices comply with ADA. iv. Transition Plan-If the LG employs 50 or more persons,the LG will develop a transition plan for making structural changes to existing facilities so that they are accessible to individuals with disabilities. The transition - plan must meet the requirements of 28 CFR 35.150(d). v.Designation of an ADA/504 Coordinator-The LG will designate at least one employee to coordinate ADA/504 programs. Contact information will be made available to the general public. vi. Provision of Reasonable Accommodations for Employment-The LG will comply with the provisions of Title I and II of the ADA. vii. Adopting Grievance/Complaint Procedures for Disability Discrimination Complaints-The LG will adopt a grievance procedure to address all complaints dealing with ADA/504 provisions. viii. Provision of Accessible Programs, Services and Activities-The LG will ensure that no individual with a disability is excluded from any service, program or activity. ix. Provision of Accessible Communications-The LG will provide auxiliary aids and services to ensure that all communications with individuals with disabilities is effective. x.Monitoring/Enforcement-The LG will maintain all program records and make them available for review by federal officials. xi. Maintenance of Accessible Features-The LG will ensure that facilities are properly maintained and readily accessible to individuals with disabilities. xii. Other Program Requirements-The LG will comply with the"Pedestrian and Bicycle Accommodations and Projects"and the "Uniform System for Parking for Persons with Disabilities." TxDOT District Responsibilities a. For projects with state or federal funds and all projects on the state highway system,the LG will submit a certification sealed by an engineer licensed in Texas that construction standards have been met(see Inspection). The District will conduct a final inspection before issuing final payment to the LG(see Progress Payment). The District should make the LG aware of any accessibility concerns noted during periodic inspections during construction. Local Government Project Procedures 11-58 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. The District must verify that TDLR has conducted their final inspection and has approved the project. If the TDLR inspection noted any deficiencies, obtain the LG's certification that the deficiencies were corrected before recommending TxDOT final acceptance of the project. If state or federal funds are used, final payment to the LG will not be made until TDLR has inspected the project and all issues noted have been corrected. c. There is no monitoring on projects without state or federal funds off the state system. Non-resident Bidder and Texas Preference General State laws that provide a bidding preference for resident bidders are not applicable to federal-aid contracts. For state funded projects,the Legislature enacted statute regarding non-resident bidders. Goverment Code §2252.002 states: "A governmental entity may not award a governmental contract to a non-resident bidder unless the non-resident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the non-resident bidder to obtain a comparable contract in the state in which the non-resident's principal place of business is located." The department refers to this law as the "Reciprocity Requirement." Information about States that have bidding preference laws may be obtained form the Texas Secretary of State's Office. Federal Regulation a. 23 CFR 635.110(b)–There may not be any procedures which prohibit w. consideration of a bid by any responsible contractor,whether a resident or non- resident of a state in which the work will be performed. b. 23 CFR 635.110(f)(1)–For design-build projects,there may not be any procedures that give geographical preference in the selection process. State Regulation a. Government Code 2252.002–Prohibits governmental entities from awarding a contract to a non-resident bidder unless the non-resident bidder underbids the lowest resident bidder by a reciprocal percentage. Required Practices a. For projects with federal funds, non-resident preference provisions will not be allowed. b. For projects with no federal funds,the LG must follow the state statute. Local Government Project Procedures 11-59 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components LG Responsibilities �. a. The LG will need to contact the Texas Secretary of State's Office to obtain a list of States with a preference requirement. b The Texas bidding preference statute is not applicable to federal-aid projects. c. For projects with no federal funds: i. Include language to implement Texas statute in bid document, request for proposals, or concessionaire agreement. ii. Obtain list of states with reciprocity statutes from Texas Building and Procurement Commission web site. iii. Apply reciprocity in contract award if applicable. iv. Inform the department in the request for award concurrence if a bidding preference was applied in the determination of contract award. TxDOT District Responsibilities a. For projects with federal funds,review bid proposals, requests for proposals,and concessionaire agreements to ensure there are no resident preference provisions. b. For projects with state funds, review bid proposals,requests for proposals and concessionaire agreements to ensure provisions to implement Texas statute are included. c. There is no monitoring on projects without state or federal funds. Non-Responsive Bid General. The subject of a non-responsive bid is briefly discussed under the Bid Opening and Tabulation section.A list of reasons for a bid to be considered non-responsive must be included in the bid document in conjunction with 23 CFR 635.112(h). The reasons must be clearly defined. Careful thought should be given in determining the reasons for not accepting a bid.The FHWA has determined that the reasons for a bid being non-responsive listed in the proposal cannot be "waived."Therefore, common provisions allowing an LG to waive technicalities determined to be in its best interest cannot be invoked regarding a non-responsive bid. The inclusion of reasons that a bid"may"be declared non-responsive must not be included. – The FHWA has stressed that the use of potential subjective reasons must be eliminated;the bid is either responsive or non-responsive. Federal Regulation a. 23 CFR 635.112(h)–Bid documents must contain requirements with which a bidder must comply to make the bid responsive. Failure to comply with these requirements makes the bid non-responsive and not eligible for award. Local Government Project Procedures 11-60 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components State Regulation a. Local Government Code 271.0245–A county must provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications. b. Texas Administrative Code, Title 43, §26.33(g)(1)–Specifications for projects that connect to a state highway administered by a Regional Mobility Authority must conform to TxDOT Standard Specifications. c. Texas Administrative Code,Title 43, §27.56(C)(3)(A)–Specifications for projects administered by a Regional Toll Authority must conform to TxDOT Standard Specifications as a condition of state fund participation. d. Transportation Code 370.306(c)–For projects acquired by Comprehensive Development Agreement, a Regional Mobility Authority must include criteria used to evaluate proposals in the request for proposals. Required Practices a. For projects with state or federal funds, the LG must adopt Article 2.7 of TxDOT's Standard Specifications or submit alternate definitions of a"non- responsive bid"for TxDOT approval. b. For projects with no state or federal funds,the LG should follow their statutes and practices. TxDOT approval is not required. LG Responsibilities a. On design-bid-build, adopt Article 2.7 of TxDOT Standard Specification or submit alternate for TxDOT approval. b. On design-build,gain TxDOT approval of reasons that make a proposal non- responsive and list in request for proposals c. List reasons that make a bid non-responsive in bid documents or in the request for proposal in design-build projects. d. Check submitted bids or proposal for compliance with reasons. e. Do not consider non-responsive bids for award. f. List reasons that make a proposal non-responsive in request for proposals. g. Do not consider non-responsive proposals. h. For concession projects,require concessionaire to include appropriate language in „ any competitive bidding the concessionaire may pursue. TxDOT District Responsibilities a. Design-bid-build i. Ensure that the bid proposal contains either TxDOT Specification Article 2.7 or comparable language that defines conditions under which a bid will not be considered. Submit questions and non-compliance issues to CST for final determination. ii. Attend bid opening and spot check bid proposals to verify that LG does not read non-responsive bids. Local Government Project Procedures 11-61 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. Design-build i. Review requests for proposals for inclusion of language that makes a proposal non-responsive. ii. Spot check proposals for compliance with the language in the request for proposals. c. Concessionaire–If there are federal funds, spot check proposals for proposed contracts to be let by concessionaire for compliance with the contract language. d. There is no monitoring on projects without state or federal funds. Non-segregated Facilities General The contractor cannot discriminate against any person by having segregated facilities.By entering into the contract,the contractor certifies that they maintain non- segregated facilities that conform to the requirements of 41 CFR 60.1.8.This certification is included in Form FHWA 1273.The prime contractor is required to obtain a similar certification from each subcontractor and supplier, as applicable. One exception to the non-segregated facilities provision is for the disabled when the demands for accessibility override(e.g.,disabled parking).In addition, single-user or separate bathrooms or dressing facilities are also allowable for privacy purposes. Federal Regulation a. 23 CFR 633A—Contractors and subcontractors must certify that they do not discriminate by providing segregated facilities or prohibiting minorities access to facilities. Does not prohibit providing access to the disabled and single-user or separate bathrooms or dressing facilities for privacy. b. 41 CFR 60.1.8–Provides the basis for the non-segregated facilities certification. State Regulation a. No comparable statutes. Required Practices a. LGs must comply with the federal statute on all projects with federal funds. LG Responsibilities a. Include Form FHWA 1273 in bid documents. b. Advise potential bidders that submission of a bid constitutes the certification. c. Assure the contractor gets a certification from all subcontractors and materials suppliers more than$10,000 TxDOT District Responsibilities .. a. For projects with federal funds,review bid proposals,requests for proposals,and concessionaire agreements to ensure they contain certification language. b. There is no monitoring on projects without federal funds. Local Government Project Procedures I1-62 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components On-the-Job Training(OJT) General: Within the areas of construction and trade employment, several important laws have been passed to improve workforce equality, including Title VII of the Civil Rights Act of 1964. In conjunction with this important federal law,FHWA regulations have also focused on improving workforce equality.The first FHWA regulation to address equal employment opportunity in the external workforce was introduced in 1975 under Title 23 Code of Federal Regulations,Highways,Part 230.This regulation addresses special requirements for on-the-job training(OJT)as well as supportive services that support such training programs. The objective of the OJT program is to develop skill improvement programs to provide opportunities for unskilled workers,particularly minorities,women and disadvantaged persons to acquire training in the skilled construction trades. Federal Regulation a. 23 CFR 230 i. Requires compliance with the Federal-Aid Highway Act of 1968 [23 U.S.C. §140]. ii. Mandates implementation of a program to develop skill improvement opportunities to assure the increased participation of minorities,women, and disadvantaged persons in all phases of the highway construction industry. iii. OJT program requirements apply to all federal-aid projects. State Regulation a. No comparable statute. Required Practices a. While the TxDOT Office of Civil Rights(OCR)has overall training program oversight responsibility,the LG should designate an EEO officer with adequate authority and responsibility to ensure training program compliance through interviews with trainees, maintenance and submittal of records and reports to TxDOT upon request. LG Responsibilities a. Adopt TxDOT's OJT program or submit an alternate program proposal for approval by the Department of Labor. b. Include TxDOT's OJT Program Training Special Provision 000---1001 (or latest version) in the selected Federal-aid project's bid document. ,,. c. On federal-aid projects,the LG must monitor the progress of any identified trainee formally enrolled in a training program to ensure contractor compliance with the training program. Local Government Project Procedures 11-63 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components d. The LG may request a copy of TxDOT's OJT program manual by contacting the TxDOT Office of Civil Rights at 866480-2518. TxDOT District Responsibilities a. For projects with federal funds: i. Submit questions and non-compliance issues to OCR for clarification and resolution. b. There is no monitoring of OJT on projects with no federal funds. TxDOT Office of Civil Rights Responsibilities a. For selected projects with federal funds, ensure federal-aid bid documents include the OJT special provision 000---1001 (or latest version). " Patented/Proprietary Products General. Federal funds may not participate in a premium or royalty on any patented or proprietary product. However,there are provisions that allow specifying brand names under certain conditions. The following are conditions under which FHWA may participate in payment for patented or proprietary materials, specifications or processes specifically set forth in the plans and specifications: ♦ The item is purchased or obtained through competitive bidding with equally suitable unpatented items, ♦ The LG certifies either that the proprietary or patented item is essential for ' synchronization with the existing highway facilities or that no equally suitable alternative exists, or ♦ The item is used for research or for a special type of construction on relatively short sections of road for experimental purposes. The primary purpose of the policy is to have competition in selection of materials and allow for development of new materials and products.The policy further allows that materials and products that are judged to be equal may be bid under generic specifications. If only patented or proprietary products are acceptable,they must be bid as alternatives with all, or at least a reasonable number, of acceptable materials or products listed. Trade names are generally the key to identifying patented or proprietary materials.Products -- identified by their brand or trade name may not be specified without an "or equal"phrase. Further, all, or at least a reasonable number, of acceptable "equal"materials or products must be listed. The licensing of several suppliers to produce a product does not change the fact that it is a single product and should not be specified to the exclusion of other equally suitable products. Below are examples of conditions under which patented or proprietary materials may be �. used on Federal-aid projects. Local Government Project Procedures 11-64 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components Case I.The item is identified by the contract specifications along with a listing of other acceptable products and the list includes a reasonable number of acceptable products. Federal funds may then participate in the cost of a patented or proprietary item since it is acquired competitively. Case II.The LG certifies, and TxDOT agrees,that the product is essential for synchronization.This is particularly appropriate when upgrading or expanding existing traffic signal systems.The existing controller(s)is part of an existing system that is not compatible with any other system hardware. To convert the overall system would be more expensive than to add to what is already there. Thus, it is in the public interest to require the compatible proprietary item.Upon TxDOT's concurrence,the item may be specified. Case III.The LG certifies that there is no equally suitable alternate.TxDOT must reasonably verify this situation.Based on a public interest finding,with TxDOT's concurrence,the item may be specified. Case IV.Products appear from time to time that are new and innovative(i.e.research item or experimental feature). Based on the developer's claim, manufacturer's claim, or because of certain local conditions,there may be sufficient justification to evaluate the product in actual highway usage.The LG may then elect to submit a detailed plan of research and evaluation (work plan)for the product.The work plan may also be used to develop specifications in order to provide a basis for future competition with other materials.TxDOT must approve the work plan with, or prior to,PS&E approval. The specifications may then require the proprietary item. Federal Regulation a. 23 CFR 635.411 –With a few exceptions, federal funds cannot participate in premiums or royalties for patented or proprietary products. Brand names cannot be used in plans and specifications unless either a public interest determination is approved or a reasonable number of equal product names are listed. b. 23 CFR 635.411(e)–For design-build projects,brand names cannot be specifically set forth on the Request for Proposals State Regulation a. Government Code 2155.067–A written justification must be provided to the Texas Building and Procurement Commission for products that are proprietary to g, one vendor. Required Practices a. LGs must comply with the federal statute for projects with federal funds. b. For projects with state funds, the LG must submit a written justification for TxDOT approval before specifying proprietary products. c. For projects with no state or federal funds,the LG may use their own practices. Local Government Project Procedures 11-65 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components LG Responsibilities a. The LG must not specify patented or proprietary products in their contracts without prior written approval from TxDOT. b. For design-build projects,the LG prepares the RFP, and the RFP cannot have patented or proprietary items unless supported by an approved public interest finding as per 23 CFR 635.411(a). However, once the design-build firm is selected,the successful design-builder can require patented or proprietary products and not be in violation of the regulations TxDOT District Responsibilities a. For projects with state or federal funds, submit LG-developed public interest determinations to DES for approval. b. There is no monitoring on projects without state or federal funds. Prequalification General. An LG may include provisions for prequalification in invitations for receipt of bids. The American Association of State Highway and Transportation OfficialsAA( SHTO) defines prequalification as a means of predetermining job experience and work capacity and to identify individuals and organizations from whom the agency may accept a bid.The AASHTO has also encouraged the use of prequalification procedures in its 1981 Suggested Guidelines for Strengthening Bidding and Contract Procedures. Generally,prequalification consists of an evaluation of the contractor's experience, personnel, equipment, financial resources and performance record.The evaluation is normally performed annually.The information required for prequalification may be extensive,however, the prequalification process should be relatively short so that it may be completed during the project advertising period.An LG's prequalification process should not be used to limit competition or discourage the submission of a bid by an otherwise responsible contractor. AASHTO recommends the following information be required for prequalification: ♦ Detailed financial statement, ♦ Resident agent, ♦ Capacity and control classification, ♦ Experience and performance, ♦ Ownership or control, ♦ Equipment, and ♦ Updated information when there is corporate or affiliate change or reduction of 10 percent or more of the firm's assets. The FHWA does not require that an LG implement procedures or requirements for prequalification on federal-aid projects.However, if an LG has these procedures or Local Government Project Procedures 11-66 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components requirements,they must conform to the FHWA competitive bidding policy and not restrict competition. The procedures and requirements an LG proposes to use for qualifying and licensing contractors and determining who may bid,be awarded, or perform Federal-aid contracts shall be submitted to TxDOT for advance approval. Only those procedures and requirements so approved shall be effective with respect to Federal-aid highway projects.Any changes in approved procedures and requirements shall likewise be subject to approval by TxDOT. No procedure or requirement for prequalification,qualification or licensing of contractors shall be approved which, in the judgment of TxDOT,may operate to restrict competition, prevent submission of a bid, or prohibit consideration of a bid submitted by any responsible contractor,whether resident or nonresident of the State or local area. No contractor shall be required by law,regulation,or practice to obtain a license before a submission of a bid or before the bid may be considered for award of a contract. Contractor prequalification may be required as a condition for submission of a bid or award of contract only if the period between the date of issuing a call for bids and the date of opening of bids affords sufficient time to enable a bidder to obtain the required prequalification rating. However,an LG may require licensing of contractors after the bids are opened if the requirement is consistent with competitive bidding principles. In other words, the requirement must be applied uniformly to all contractors. The FHWA regulations on licensing do not specifically address subcontractor-licensing issues. Although an LG may have a compelling reason(e.g., State or local law)to utilize a procedure that differs from acceptable Federal-aid practice,the procedure may not be applied to a Federal-aid project. 23 CFR 635.112(d)specifically requires that the LG must inform bidders of contract provisions which do not apply to Federal-aid projects.This information must be included in the advertisement, specifications, special provisions or other governing documents as appropriate. An example of an inappropriate provision would be a State or local preference clause in the standard specifications. Since the clause provides some competitive advantage for in-state or local contractors,the clause violates the Federal open competition requirements and therefore, could not be applied to a Federal-aid project.Other examples would be a restriction on products or services from specific foreign countries;a requirement to provide insurance for domestic partners;or small business set-asides. Please refer to TxDOT's Letting Manual for further guidance related to contractor prequalification and bonding. Federal Regulations a. 23 CFR 635.110 Contains the following provisions. i. For design-bid-build projects 1. It is not allowed to restrict competition or provide in-state preference. Local Government Project Procedures 11-67 TzDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components 2. It is not allowed to require that a contractor be licensed before .. submitting a bid or before consideration of a bid. However, an entity may require licensing of the successful bidder if the requirement is consistent with competitive bidding practices; i.e. it is applied uniformly to all contractors. ii. For design-build projects 1. Geographic location may not be part of the selection criteria. 2. It is allowed to require successful offeror to establish a local office after award. State Regulations a. Texas Administrative Code 43,Part 1,Rule 9.12–Requires potential bidders to be prequalified by TxDOT as a condition of submitting a bid. Includes waiver provisions for small projects,maintenance projects, and specialty projects. b. Local Government Code 271.189–For design-build projects a LG must solicit _. qualifications outlined in this Section. Required Practices a. For projects with state or federal funds,the LG must require that potential bidders be prequalified by TxDOT. This policy also applies to projects on the state system with no state or federal funds. If the LG wants to use qualification criteria .. in addition to those prescribed by TxDOT,the criteria must be approved by TxDOT before becoming part of the bid documents. i. Design-bid-build–The bidder must send a letter to the LG allowing ,, TxDOT to release"available bidding capacity"to the LG. The LG will forward the letter to TxDOT. TxDOT will respond and the bidder may then submit a bid. ii. Design-build and concessionaire–This provision does not apply. b. For projects off the state system and with no state or federal funds,the LG is encouraged to use TxDOT-prequalified contractors but may use their own qualification process. LG Responsibilities a. For projects with federal or state funds,require that bidders be prequalified by TxDOT. i. Submit any additional,desired qualifying/licensing procedures to TxDOT for approval. ii. Do not include a requirement for a contractor to obtain a license as a condition of submitting a bid. iii. May require the successful bidder to obtain a license if applied across the board. TxDOT District Responsibilities a. General Local Government Project Procedures 11-68 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components i. For projects with state or federal funds and all projects on the state system, assure that the LG has access to TxDOT's current list of prequalified contractors. ii. If the LG wants to use an alternate qualifying procedure or additional qualification criteria, forward the criteria through DES to CST for approval. Submit questions and non-compliance issues to CST(CL&CP) for final determination. Return approved criteria to the LG. iii. For design-bid-build projects, coordinate submission of the request for TxDOT to release available bidding capacity with CST. iv. For design-build projects review the LG's solicitation for compliance with Local Government Code 271.189. v. There is no monitoring on projects without state or federal funds not on the state system. b. Design-build–For projects with federal funds, review evaluation criteria to assure that in-state preference is not one of the evaluation factors. Prevailing Minimum Wage General. The payment of predetermined minimum wages for certain job classifications used on Federal-aid contracts is derived from the Davis-Bacon Act of 193140( U.S.C. Section 276a et sea.) (40 USC 3141)and is prescribed by 23 U.S.C. 113. The Davis-Bacon Act requires the payment of locally prevailing wages and fringe benefits to laborers and mechanics employed on Federal contracts in excess of$2,000 for construction,alteration, or repair(including painting and decorating)of public buildings or public works. Davis-Bacon was enacted as a means to prevent contractors from importing cheap labor from outside the area,thereby,keeping capital at home with the local labor force where it would do the most good.Davis-Bacon provisions are covered in Form FHWA-1273 as discussed in the following sections: ♦ Section IV.1.This section sets forth the general requirements for the contractor, and subcontractors,to pay employees working at the site at least the minimum wage rate and fringe benefits specified for the classification of work performed.The LG is responsible for incorporating the applicable wage rate decision into each Federal-aid contract. The US Department of Labor(DOL)requires that an amendment for a general wage rate determination be incorporated into a Federal-aid contract if notification of the change is published in the Federal Register 10 days or more prior to the opening of bids. ♦ Section IV.2.All employees covered by Section IV are to be classified in conformance with the wage rate determination.If an additional classification is deemed appropriate, either DOL approval or a DOL determination for the classification is required.In this case,the LG should submit Standard Form SF-308 - "Request For Wage Determination and Response to Request."Detailed procedures for submitting this form to the US DOL are provided on their web page. ♦ Section N.3.This section sets forth requirements for paying fringe benefits. ♦ Section IVA.The provisions of this section set forth the requirements for paying less than the full specified wage rate for employees who are registered in USDOL approved apprenticeship and trainee programs or for those who are classified as helpers. Local Government Project Procedures 11-69 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components ♦ Section IV.5.This section clarifies that the US Department of Transportation �. apprenticeship and trainee programs are not subject to the DOL program provisions stated in Section IV A. ♦ Section IV.6.The LG has authority to withhold funds from the contractor,as may be determined necessary,to pay employees of the contractor the full amount of wages required by the contract. Withholdings are maintained by the LG until restitution is evidenced.These withholding provisions also apply to wage underpayment by a subcontractor;however,the actual withholding is taken from progress payments to the prime contractor. ♦ Section IV.7.The contractor is required to pay overtime at the rate of one-and-one-half times the employee's basic pay rate for all hours worked in excess of 40 hours per week. ♦ Section IV.8.This section provides for the assessing and withholding of liquidated damages for days on which the contractor did not pay overtime in accordance with Section IV.7.This withholding is a liability assessment against the contractor or subcontractor of$10 per day for each employee that was underpaid. The liquidated damages are furnished to the DOL for its overall enforcement activities.Liquidated damages should be forwarded through TxDOT to FHWA for deposit into the United States Treasury. ♦ Section IV.9.The LG has authority to withhold funds from the contractor, as may be determined necessary,to pay the liquidated damages and to pay employees of the contractor the overtime wages required by Section IV.8. ♦ Section V.2. Each contractor and subcontractor must furnish the LG copies of payrolls each week during which work was performed.Payrolls must include the following information for each employee: • Name; • Social security number; • Address; • Work classification; • Hourly rate of pay; • Daily and weekly number of hours worked; .. • Deductions made;and • Actual wages paid ON Payrolls submitted must conform to the requirements of USDOL form WH-347, including the required "Statement of Compliance"outlined in Form FHWA-1273 Section V.2.d. Contractors and subcontractors must maintain the payrolls and related documents associated with the contract a minimum of three years from the date of project completion.All project payroll records must be available to LG,TxDOT,FHWA or USDOL representatives for inspections, copying or transcription. The submission of subcontractor payrolls is the responsibility of the prime contractor. If the prime contractor or subcontractor fails to submit the required weekly payrolls or make such Local Government Project Procedures 11-70 RDOT 0212009 Section 3—Local Government (LG) Contract Module 11—Construction Components records available for review,the LG,TxDOT,FHWA or USDOL may,after written notice to the contractor, suspend further payment under the contract.Furthermore, failure to submit the required payrolls or make such records available for review may be grounds for debarment in accordance with 29 CFR 5.12. The USDOL has responsibility for enforcing these statutes and determining the prevailing wage rates.The USDOL establishes the prevailing wage rates by either a determination, based on an in-house review of payroll data, or by a survey based on wage data from active projects.Notices of wage rate decisions are published in the Federal Register.After many years of operating a subscription service for the publication of prevailing wage rates, the USDOL is now posting this information on the Internet.As of March 2,2001, Davis-Bacon wage rates are available electronically at the USDOL web site(see Davis-Bacon). Applicability of Davis-Bacon- Site of Work.The Davis-Bacon Act limits coverage to laborers and mechanics " ...employed directly upon the site of the work." Since 1972, the DOL and the courts have been addressing various aspects of the applicability of Davis- Bacon requirements to site-of-work facilities. The USDOL's implementing regulation, 29 CFR 5.2(1)(2), extends coverage to off-site facilities that are dedicated exclusively and in proximity to the actual construction site 29 CFR 5.2 (1)(1)states: "The site of the work is the physical place or places where the building or work called for in the contract will remain;and any other site where a significant portion of the building or work is constructed,provided that such site is established specifically for the performance of the contract or project ...." One example would be a casting or fabrication yard for a segmental concrete bridge which is specifically established for a project after the award of contract.The LG should contact the USDOL Regional Offices regarding a determination of what percentage of the work would constitute a"significant portion" and the potential coverage of such sites. If a significant - portion of the work is to be constructed offsite,the LG should attempt to include the wage determinations covering potential offsite location in the bid proposal. 29 CFR 5.2 (1)(2)also indicates other work areas not located on the site of permanent construction(job headquarters,tool yards, batch plants,borrow pits,etc.), may be part of the site of the work "....provided they are dedicated exclusively, or nearly so,to performance of the contract or project, and provided they are adjacent or virtually adjacent to the site of the work."Permanent,previously established facilities are not covered, even where the operations for a period of time may be dedicated exclusively, or nearly so,to the performance of the contract. 29 CFR 5.2 0)((1)(iv)provides that transportation between locations which are included in the "site of the work"are covered. This includes transportation between the permanent location of construction and covered sites where a "significant portion" of the work will be accomplished or covered sites that are dedicated exclusively and adjacent or virtually adjacent to the site of the work. Local Government Project Procedures 11-71 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components The USDOL has made the determination that when transportation will take place in more than one wage determination area,the applicable wage determination will be the wage determination for the area in which the construction will remain when completed.This determination will apply to all bidders, regardless of where they propose to construct significant portions of the project. FHWA has taken the position that while this is the USDOL's program, it is inappropriate for FHWA to provide guidance in this area. FHWA encourages LGs to work jointly with TxDOT and the FHWA division office and the USDOL regional offices to resolve "site of work" issues. Applicability of Davis-Bacon to Specific Work Types. Additional discussion on the following can be found in the USDOL's Field Operations Handbook(FOH).This handbook is available from FHWA's Office of Program Administration (202-366-1558). Exploratory drilling services- Subsurface utility engineering or utility location services are considered to be exploratory drilling services.These contracts provide the location of utilities for engineering or planning purposes. Davis-Bacon does not cover them. See USDOL FOH 1503(b). Ferryboat Projects-The building, alteration, and repair of ships under government contracts is work performed upon'public works'within the meaning of the Davis-Bacon Act. Wage determinations are issued only if the location of contract performance is known when bids are solicited. See DOL FOH 1508.If Davis-Bacon is not included in a ferryboat project, the USDOL requires that the contract provisions include: ♦ A statement clause that explains why the wage rate determinations are not included, ♦ A reminder that the contractor must pay at the very least the Federal minimum wage rate, ♦ A reminder that the contractor must submit weekly certified payroll statements, and ♦ A reminder that the contractor must comply with all other DOL labor standards. Fla ers-The DOL has determined that the duties of flaggers are manual or physical in nature and therefore are covered by the Davis-Bacon Act. See USDOL FOH 15e09(a). _ Employees of traffic service companies that rent equipment and perform only incidental functions at the work site in conjunction with the delivery of equipment are not covered. See USDOL FOH 15e09(b). VAN Force Account Work by Public Agencies-In some circumstances,an LG may be authorized to perform the construction work using their own forces.Davis-Bacon provisions do not apply to governmental agencies and states.Public agencies are not considered "contractors" or "subcontractors"within the meaning of the Davis-Bacon Act. See USDOL FOH 15b05(a).However under Government Code §2258.021,workers employed by the LG, or other public entity, are covered and must be paid the appropriate prevailing wage rates stipulated by Government Code Chapter 2258. Local Government Project Procedures 11-72 RDOT 02/2009 ® Section 3—Local Government (LG) Contract Module 11—Construction Components .- Helpers-Helpers are permitted on covered contracts if the helper classifications are specified in the applicable wage rate determinations. See USDOL FOH 15e04. Inspectors-The contractor's employees who make inspections for quality and contract compliance(including quality control or quality assurance)are not usually considered to be laborers or mechanics and therefore,are not covered. See USDOL FOH 15e13. Materialmen and Suppliers-The manufacturing and delivery of supply items such as sand, gravel and ready-mixed concrete at the work site,when performed by companies serving the general public, are generally not activities covered by Davis-Bacon. See USDOL FOH 15e15. Owner-operators of Trucks and Other Hauling Equipment-As a matter of policy,the DOL exempts truck owner-operators from Davis-Bacon coverage.The contractor's certified payrolls should show the names of the truck owner-operator with the notation "Owner- operator"but need not list hours worked or rates paid.This policy does not pertain to owner- operators of other equipment such as bulldozers, scrapers, backhoes,etc. See USDOL FOH 15e16. Project Engineers-The contractor's project engineers are generally not considered to be laborers or mechanics and therefore are not covered. See USDOL FOH 15e06. Railroad and Utility Adiustments-Davis-Bacon provisions are not applicable to: 1)the relocation work done by a public utility or railroad forces, or 2)the relocation done by a contractor engaged by the utility or railroad.This has been a long-standing FHWA policy and has a basis in a May 15, 1985 legal opinion from FHWA's Chief Counsel.However, Davis-Bacon provisions apply when utility relocation work is part of a highway construction project to be performed by the highway construction contractor and/or subcontractor. Summer Youth-The USDOL has strict requirements for the employment and payment of summer youth. See USDOL FOH 15e03. Survey Crews-The actual duties of the survey crewmembers must be considered.Generally speaking, instrument persons,party chiefs and rod persons are not considered laborers or mechanics and therefore are not covered.However,a crewmember that primarily does manual work(clearing brush) is covered for the time so spent. See USDOL FOH 15e19. Transportation Enhancement(TE)Projects-Davis-Bacon only applies to projects located on – highways functionally classified as Federal-aid highways(not local roads,rural minor collectors or projects not located on a highway system).Therefore,Davis-Bacon does not apply to TE projects that are not on Federal-aid highways unless they are tied to a Federal- aid highway project.Further guidance is available from FHWA's Transportation Enhancements Overview. However,please be aware that under Government Code §2258.021,workers employed by the LG, or other public entity, are covered and must be paid the appropriate prevailing wage rates stipulated by Government Code Chapter 2258. Truck Drivers(not truck owner operators)-After 10 years in the courts, in May 1991,the Court of Appeals for the District of Columbia reached a final decision in the case of the Local Government Project Procedures 11-73 RDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Building and Construction Trades Department vs.Midway.The regulation in question, 29 .. CFR 5.20), included the "transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor" in the definition of work covered by the Davis-Bacon Act.The Court ruled that this regulation is inconsistent with the Act and that it conflicts with the statutory objective of the Act. In the Court's view,the Act covers only mechanics and laborers who work on the site of the Federally-funded projects and does not cover those employed off-site, such a suppliers and material delivery truck drivers. In its review of the legislative history of the Act,the Court concluded that Congress clearly intended the Act to apply only to on-site workers.Thus,the Court ruled that truck drivers who come onto the site of the work to drop off construction materials are not covered by the Act,even if the contractor employs them. Warranty Work-Davis-Bacon coverage applies to warranty or repair work if it is provided ..• for in the original construction contract.This is true regardless of whether there is a pay item for the work. If an employee spends more than 20%of his/her time in a workweek engaged in such activities on the site of the original work, he/she is covered for all time spent on the site.The contract minimum wage rates apply regardless of whether the work is done five, ten or even 20 years after the contract execution. Federal Regulation a. 23 USC 113–Requires that laborers and mechanics be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor. This provision applies to all projects with federal funds that are on roadways functionally classified above a Rural Minor Collector. — b. 40 USC 3141 –Davis-Bacon Act of 1931 c. 40 USC 276(c)–Copeland Act,workers are protected from paying "kickbacks" to employers for the "privilege" of being employed. d 23 CFR 633.102–Form FHWA-1273 must be included in all construction contracts that have federal funds. e 23 CFR 635.309(f)Minimum wage rates determined by the Department of Labor in accordance with the provisions of 23 U.S.C. 113, are in effect and will not expire before the end of the period within which it can reasonably be expected that the contract will be awarded. f 23 CFR 636.119–Projects developed under a public-private partnership must comply with all non-procurement provisions of 23 USC. g 29 CFR 1,2,5 Procedures for Predetermination of Wage Rates, Copeland Act and enforcement provisions. State Regulation a. Government Code 2258.021 –Requires that a worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid: i. not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;and Local Government Project Procedures 11-74 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components ii. not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Government Code 2258.022(a)–The public body must determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract and the prevailing rate for legal holiday and overtime work. c. Government Code 2258.023 –Provides for penalties assessed a contractor or subcontractor who violates the statute. d. Government Code 2258.024–Specifies records to be maintained by the contractor and subcontractor. e. Government Code 2258, Subchapter C–Describes enforcement actions for violations of the statute. Required Practices a. For federally funded projects functionally classified above Rural Minor Collector, the LG must use US Department of Labor wage rates. b. For federally funded projects functionally classified Rural Minor Collector or Local Road, and for all projects with state funds,the LG must use TxDOT- published wage rates or submit wage rates for TxDOT approval that were developed in accordance with state statutes. c. For projects with no state or federal funds,the LG must comply with state statutes, but may follow their own procedures. TxDOT approval of wage rate determinations is not required. LG Responsibilities a. Include FHWA-1273 provisions, including Davis-Bacon wage rates in contract, request for proposals,or concessionaire agreement b. Assure provisions are included in all contracts and subcontracts exceeding $2,000.00 c. Assure wage rates are posted at the site of work d. Request additional classifications as necessary e. Assure workers are paid appropriate wage for work classification m f. Assure contractor pays overtime for work in excess of 40 hours in a work week Work with USDOL to resolve any violations TxDOT District Responsibilities a. General–For projects with state or federal funds,review the LG's proposed process to assure compliance with the applicable statutes. Submit questions and non-compliance issues to CST for approval. b. There is no monitoring on projects without state or federal funds. c. For projects with federal funds: i. Review bid proposals,requests for proposals,and concessionaire agreements to ensure Form FHWA-1273 and appropriate wage rates are included. ii. Assist the LG in obtaining additional wage classifications if requested. Local Government Project Procedures 11-75 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components iii. Spot check that wage rates are posted at the job site during routine inspections. d. For projects with state funds,review bid proposals, requests for proposals,and concessionaire agreements to ensure the appropriate wage rates are included. Prison Produced Materials -- GeneraL There are limitations on using materials produced by convict labor in a Federal- aid Highway project.Materials produced after July 1, 1991 by convict labor may only be incorporated in a Federal-aid highway construction project if: ♦ Such materials have been produced by convicts who are on parole, supervised release, or probation from a prison; or -^ ♦ Such material has been produced in a qualified prison facility(e.g.prison industry,with the amount produced during any 12-month period) for use in Federal-aid projects,not exceeding the amount produced,for such use, during the 12-month period ending July 1, 1987.Texas does not have a qualified prison facility meeting the requirements of the regulation. Federal Regulation a. 23 CFR 635.417-Materials produced in a prison facility or by prison labor may not be used on federally funded projects for roadways functionally classified above a Rural Minor Collector. State Regulation a. No comparable state statute. Required Practices a. The LG must follow the federal statute. LG Responsibilities a. Develop contract language that prohibits use of prison-produced materials and include the contract language in bid documents. TxDOT District Responsibilities a. For projects with federal funds on roadways functionally classified above a Rural Minor Collector,review bid proposals,requests for proposal, and concessionaire agreements to ensure that they do not contain language allowing material produced in a prison facility. b. There is no monitoring on federally funded projects on roadways functionally classified Rural Minor Collector or Local Road,and on all projects without federal funds. Local Government Project Procedures 11-76 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components - Publicly-owned Equipment General Equipment owned by the LG may not compete with privately owned equipment. Publicly owned equipment is: "....equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations". Publicly owned equipment should not normally compete with privately owned equipment on a contracted project.However, in exceptional cases, a showing that it would clearly be cost effective to use publicly owned equipment may be justified. When supported by a public interest finding,TxDOT may approve the LG's proposal to use publicly owned equipment. Federal funds may participate in the costs associated with the use of publicly owned equipment provided that: ♦ The.PS&E submittal clearly sets forth the proposed use; ♦ The specifications indicate the items of equipment that are available,the rates to be charged, and the point(s)of availability or delivery; and ♦ The specifications include the express condition that the contractor has the option to rent all or part of the available equipment,or to provide the equipment. The LG cannot benefit from the rental of its own equipment by virtue of a Federal-aid contract.Accordingly, the rental rates must reasonably represent the cost of providing the equipment or there shall be a lump sum credit to Federal reimbursement on the project equal �- to the amount of profit on rental that the agency receives. Federal Regulation m a. 23 CFR 635.106-Prohibits publicly-owned equipment from competing with privately-owned equipment on a project to be let to contract. There are limited exceptions when justified in writing as being in the public interest. State Regulation a. No comparable statute. Required Practices a. On projects with Federal funds,the LG may not require that a contractor use equipment owned by the local government. Limited exceptions may be granted by TxDOT in unusual circumstances. b. On projects with no federal funds,the LG is not bound by the federal statute. LG Responsibilities a. Do not include contract provisions requiring use of LG equipment unless approved in writing by TxDOT. Local Government Project Procedures 11-77 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. For projects with federal funds,review bid proposals,requests for proposals, and concessionaire agreements to ensure they do not contain language requiring use of �. equipment owned by the LG. i. Transmit LG request to CST for action. b. There is no monitoring on projects without federal funds. Railroad Insurance Provision General Contractors are required to purchase railroad protective liability insurance when work under the contract is located in whole or in part within railroad right-of-way.The insurance is for the benefit of the railroad. The requirement to provide the insurance is , located at 23 CFR 646.107.The standards for railroad protective insurance established at 23 CFR 646.109 and 646.111 must be adhered to the extent permitted by the insurance laws of the State. Listed below are the types of coverage required by 23 CFR 646.109: (a) Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the contractor on or about the railroad right-of-way, independent of the railroad's general supervision or control,except as noted in Sec. 646.109(b) (4). (b) Coverage shall include: 1. Death of or bodily injury to passengers of the railroad and employees of the railroad '- not covered by State workmen's compensation laws; 2. Personal property owned by or in the care, custody or control of the railroads; 3. The contractor, or any of his agents or employees who suffer bodily injury or death as the result of acts of the railroad or its agents,regardless of the negligence of the railroad; 4. Negligence of only the following classes of railroad employees: (i)Any supervisory employee of the railroad at the job site; (ii) Any employee of the railroad while operating, attached to, or engaged on, work trains or other railroad equipment at the job site which are assigned exclusively to the contractor; or (iii) Any employee of the railroad not within(b)(4)(i)or(ii)who is specifically -- loaned or assigned to the work of the contractor for prevention of accidents or protection of property,the cost of whose services is borne specifically by the contractor or governmental authority. The amounts of coverage required by 23 CFR 646.111 is as follows: (a) The maximum dollar amounts of coverage to be reimbursed from Federal funds with respect to bodily injury, death and property damage is limited to a combined amount of $2 million per occurrence with an aggregate of$6 million applying separately to each annual period except as provided in paragraph(b) of this section. ' Local Government Project Procedures 11-78 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components w (b) In cases involving real and demonstrable danger of appreciably higher risks,higher dollar amounts of coverage for which premiums will be reimbursable from Federal funds shall be allowed.These larger amounts will depend on circumstances and shall be written for the individual project in accordance with standard underwriting practices upon approval of TxDOT. Federal Regulation a. 23 CFR 646–Requires that a construction contractor carry public liability and property damage insurance when working on railroad right-of-way. State Regulation a. No comparable statutes. Required Practices a. On projects with federal funds,the LG must follow the federal statute. In addition,the LG must coordinate work on railroad right-of-way and include those _ provisions in the contract. LG Responsibilities a Coordinate with railroad. b. Include provision for contractor's railroad liability insurance and other railroad provisions in bid documents,request for proposals,or concessionaire agreement. c. Assure liability insurancq is in force and is maintained. TxDOT District Responsibilities a. For design-bid-build projects with federal funds,review bid proposals for inclusion of the insurance provision. b. There is no monitoring on design-build or concessionaire projects with federal funds and all projects without federal funds. c. While the railroads require insurance,TxDOT will not monitor insurance or other provisions the railroad may require of the LG or their contractor. Retainage General. Chapter 223.010 of the Transportation Code allows five percent of the contract price to be retained until the entire improvement has been completed and accepted.However, Federal concerns over prompt pay(49 CFR 26.29)for subcontractors require that one the following three options be used if Federal funds are utilized. These options are: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime contractors to make prompt and full payment of any retainage kept by prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. The 30 days are changed to 10 days by Government Local Government Project Procedures 11-79 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Code Chapter 2251.022.The federal government allows states to be more restrictive. Therefore the 10 day requirement prevails. (3)You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract,pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days (Changed to 10 days by Government Code Chapter 2251.022.)after your payment to the prime contractor. If retainage is kept,the contractor may request that the amount retained be deposited under a w. trust agreement with a state or national bank selected by the contractor that has its main office or a branch office in this state.The LG and the comptroller must approve the request. The LG will provide a trust agreement, approved by TxDOT that protects the interests of the LG and the state. The bank selected by the contractor will act as an escrow agent.The contractor may instruct the bank to reinvest the retained amount in a certificate of deposit,bank time deposit,or other similar investment prescribed by the trust agreement.A state or national bank that has its main office or a branch office in this state must issue the certificate of deposit. Interest earned under the trust agreement is paid to the contractor unless specified otherwise under the trust agreement. The bank is responsible under the trust agreement for all investments and amounts resulting from the deposits of the retained amount until released. The contractor is responsible for paying all expenses incident to the deposit and all charges made by the bank for custody of the securities and forwarding of interest on those securities. Expenses or charges paid may not be applied to the contract or the state. Federal Regulation a. While there is no federal statute that addresses retainage,FHWA policy allows recipients of federal funds to set retention rates from progress payments to protect the federal interest. b. 49 CFR 26.29–As part of the DBE program,there must be a contract clause to require that prime contractors pay all subcontractors for satisfactory performance of their contracts no later than 30 days(Changed to 10 days by Government Code .. Chapter 2251.022.) from receipt of each payment you make to the prime contractor. Retainage may only be withheld if the contract provides for incremental acceptance of work with retainage paid to the prime contractor based on this partial acceptance. The prime must then pay all retainage to the subcontractor within 30 days(Changed to 10 days by Government Code Chapter 2251.022.)after the prime contractor receives payment for satisfactory , completion of the accepted work. Local Government Project Procedures 11-80 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components State Regulation a. Texas Administrative Code,Title 43, Chapter 26.33(g)(1)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects that connect with the state highway system. b. Texas Administrative Code,Title 43, Chapter 27.56(c)(3)–A Regional Tollway Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects with state fund participation. c. Government Code 2252.032–Requires that a governmental entity deposit retainage in an interest-bearing account for contracts that exceed $400,000 and have a retainage clause of more than 5%. The interest must be paid to the contractor. d. Transportation Code 223.009–Allows partial payments to a contractor. e. Transportation Code 223.010–Allows but does not requires a 5%retainage until a project is complete and accepted. Provides for deposit of the retained amount be deposited under a trust agreement if requested by the contractor and approved by TxDOT and the Comptroller. Required Practices a. For projects with federal or state funds,the LG must adopt Article 9.6 of the TxDOT Standard Specifications with the applicable special provision approved by FHWA or submit an alternate option complying with 49 CFR 26.29 to TxDOT w for approval by FHWA. b. For projects with no state or federal funds,the LG may follow agency practice. LG Responsibilities a. If retainage is not kept,adopt TxDOT spec Article 9.6 including FHWA-approved special provision and include in bid documents,request for proposals, or concessionaire agreement. b. If retainage is kept,make incremental final acceptance of subcontracted work. c. Follow retention schedule including release of retainage. TxDOT District Responsibilities a. For projects with state or federal funds, if retainage is not kept,review bid documents to assure applicable TxDOT specifications and latest approved special provisions are included. b. For projects with state or federal funds, if retainage is kept,review bid documents to assure incremental final acceptance of subcontracted work will be done. c. For projects with state or federal funds,have the LG investigate complaints from - sub-recipients of failure to release retainage. Submit questions and non- compliance issues to CST for final determination. Local Government Project Procedures 11-81 TxDOT 0212009 Section 3—Local Government(LG) Contract . Module 11—Construction Components Safety: Accident Prevention (OSHA) General Provisions of the Occupational Safety and Health Administration (OSHA)apply. The administration of the national program for occupational safety and health rests with the Occupational Safety and Health AdministrationO( SHA)of the USDOL. The FHWA is required by law to ensure compliance with construction safety standards. Section VIII.3.of Form FHWA-1273 specifically grants USDOL representatives right of entry to projects that use Federal-aid funds. Specific subsections of the Form FHWA-1273 include: -- ♦ Section VIII.1.The provisions of this section require the contractor to comply with all applicable Federal, State and local laws governing safety,health and sanitation. The contractor is required to provide all safeguards, safety devices and protective equipment and is required to take such actions, as deemed necessary,to protect the life and health of employees and the safety of the public and property. ♦ Section VIII.2.The contractor or subcontractor may not require or permit a laborer or mechanic to perform work under conditions that are unsanitary, hazardous or dangerous to health or safety as determined by construction safety standards. ♦ Section VIII.3. This section sets forth the right of entry of USDOL representatives to any site of contract performance for the inspection or investigation of compliance with OSHA standards. - The LG has enforcement responsibilities of any applicable State standards. In addition,the LG should cooperate with and alert other responsible agencies regarding serious violations and provide full cooperation and assistance as required. Federal Regulation a. 23 CFR 635.108-Contracts must include provisions to insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation and to require that the contractor provide all safeguards, safety devices, and protective equipment. This is implemented in Section VIII of Form FHWA- 1273. b. 29 USC Chapter 15-Describes establishment and implementation of standards employers are to follow for the safety of their employees. c. 29 CFR 1910 and 1926-Contains health and safety standards for construction. State Regulation a. Labor Code 411.103-Requires employers to: i. Provide and maintain employment and a place of employment that is reasonably safe and healthful for employees; ii. Install, maintain, and use methods,processes,devices, and safeguards, including methods of sanitation and hygiene,that are reasonably necessary to protect the life,health, and safety of the employer's employees;and iii. Take all other actions reasonably necessary to make the employment and place of employment safe. Local Government Project Procedures 11-82 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components .- Required Practices a. All private employers are to follow OSHA standards. LG Responsibilities a. Include provisions in contract to implement OSHA b. Cooperate with OSHA as necessary TxDOT District Responsibilities a. For projects with state or federal funds,review bid proposal,request for proposal, or concessionaire agreement for language requiring compliance with OSHA. State or Local Preference General There cannot be any contract provisions that give bidders from a State or other political subdivision preference in bidding projects.The LG shall not impose any requirement or enforce any procedure that operates to require the use, or provides a price differential in favor,of articles or materials produced within a State or other political subdivision.This includes requirements that prohibit,restrict or discriminate against the use of articles or materials shipped from or prepared,made or produced in any State,territory or possession of the U.S. Materials produced within a designated area shall not be favored to the exclusion of comparable materials produced outside of the area. State and local preference clauses give particular advantage to the designated source and thus restrict competition.Therefore, preference provisions shall not be used on any Federal-aid construction projects. -. This policy also applies to preference actions against materials of foreign origin, except as otherwise permitted by Federal law.Thus,the LG cannot give preference to in-State material sources over foreign material sources.Under the Buy America provisions,the state or LG is permitted to expand the Buy America restrictions provided that the state or LG is legally authorized under State law to impose more stringent requirements. Federal Regulation a. 23 CFR 635.409–There may not be any contract provisions which require the use of or provide a price differential in favor of articles or materials produced within the State. State Regulation a. Government Code 2155.444–State agencies must give preference to goods produced in Texas if the cost and quality are equal. b. Government Code 2155.449–State agencies must give preference to goods produced in economically depressed or blighted areas if the cost and quality are equal. c. Transportation Code 223.045 -provides that contracts for the state highway system without federal funds must contain the same preference provisions for Local Government Project Procedures 11-83 TxDOT 02/2009 Section 3—Local Government(LG) Contract .f Module 11—Construction Components steel and steel products that are required under federal law for an improvement made with federal funds. Required Practices a. For projects with federal funds,the LG must comply with federal statute. b. For projects with state funds,but no federal funds, bid documents must contain -- provisions to assure compliance with Government Code 2155.444 and 2155.449. Use of contract requirements with preference for local materials must be approved by TxDOT. c. For projects with no state or federal funds,the LG may follow their own procedures. d. For projects with no federal funds but with state funds,the same preference provisions for steel and steel products that are required under federal law for an improvement made with federal funds. LG Responsibilities a. If federal funds are used,the LG must assure there are no State or local preference provisions in their contracts. b. If state funds are used: i. Send contract provisions to implement TGC 2155 for TxDOT concurrence. -w ii. Request TxDOT approval of local material preference if desired. TxDOT District Responsibilities a. For projects with federal funds,review bid proposals,requests for proposals, and concessionaire agreements to ensure they do not contain language giving state or local material preference. b. For projects with state funds,transmit LG contract provisions implementing state statutes to DES for approval. c. There is no monitoring on projects without state or federal funds. Subcontracting General Federal regulations impose limitations on the amount of work than can be subcontracted. This provision prohibits a prime contractor from "brokering" (subletting all contract work). Subcontracting limitations are included in Form FHWA-1273.The following sections address the various parts of the regulation: ♦ Section VII.1.The contractor is required to perform work amounting to not less than 30 percent of the original contract amount,excluding specialty items,with his own organization. Specialty items are to be designated by the LG and include items that require highly specialized knowledge, abilities or equipment.These items require highly specialized knowledge, abilities or equipment not ordinarily available in the type of contracting organization qualified and expected to bid on the contract. Local Government Project Procedures 11-84 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components ♦ Section VII.2.This section clarifies that the contract amount indicated in Section VII.I. includes the cost of materials and manufactured products that are purchased or produced by the contractor. ♦ Section VI1.3.The provisions of this section require the contractor to provide competent supervision of the project.The contractor must employ a superintendent or foreman who will have full authority to direct the work and be in charge of the operation. ♦ Section VIIA.No portion of the work may be sublet, assigned or otherwise subcontracted without the written consent of the LG. Subcontract approval shall be rt based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions, including insuring that the provisions of FHWA-1273 are physically a part of each subcontract. The approval of a subcontract does not relieve the �* contractor of responsibility for fulfillment of the contract. Employee lease agreements have raised some issues. When a contractor enters an agreement with a firm to lease employees, does this constitute a subcontract and thus be subject to the 30% subcontract limitation?Employee lease arrangements are acceptable for Federal-aid projects if the leased employees are under the direct supervision and control of the contractor's superintendent and/or supervisor. Leased employees may be considered to be part of the prime's "own organization" if: 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. The key issue is supervision and control of any leased personnel.If the leased personnel are treated as employees of the prime contractor and would be considered as such but for their actual employment by a leasing agency, then for purposes of 23 CFR Section 635.116(a) they should be considered employees of the prime contractor's organization. The FHWA requires each subcontract to be approved in writing by the LG.This allows some control to screen subcontractors that are not qualified or that may be ineligible(e.g., debarred).It also assures that all Federal and State requirements will be included in the subcontract. In order to reduce the amount of paper flow,the FHWA Division Administrator may permit the LG to satisfy the subcontract approval requirement by instituting a certification process.This process must require the contractor to certify that each subcontract arrangement will be in the form of a written agreement containing all the pertinent provisions and requirements of the prime contract.The LG must demonstrate that it has an acceptable plan for monitoring such a certification. Local Government Project Procedures 11-85 RDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components Federal Regulation a. 23 CFR 633 –Contractors are required to include Form FHWA-1273 in all subcontracts. b. 23 CFR 635.116 i. Contractors must perform at least 30%of the work on a contract. ii. Subcontractors are not allowed to perform work on a project until the subcontract has been approved in writing by the contracting entity. - c. 23 CFR 635.116(d)–Applies to design-build contracts i. The contracting entity may establish a percentage of work that must be performed by the design-builder. The 30% limitation does not apply. ii. The only goals that maybe prescribed are those relating to the DBE program. State Regulation a. Texas Administrative Code,Title 43,Chapter 26.33(g)(1)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects that connect with the state highway system. b. Texas Administrative Code, Title 43,Chapter 9.54(c)(6)(A)-A HUB contractor or subcontractor may not subcontract more than 75%of a contract. The HUB shall perform not less than 25%of the value of the contract work. c. Texas Administrative Code,Title 43,Chapter 27.56(c)(3)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects with state fund participation. d. Local Government Code 271.185–A local governmental entity may use the design-build method for the construction,rehabilitation, alteration, or repair of a civil works project. Required Practices a. For all projects with federal funds,the LG must adopt the TxDOT Standard Specification Article 8.8, including 30% limitation, Form FHWA-1273,prompt pay, and other policies. The LG will include TxDOT's"Contractor's Assurance" document in all contract documents. b. For all projects with state funds,the 30%subcontracting limitation is reduced to 25%for HUB firms. c. For projects with state or federal funds,the LG may not approve subcontracts with firms on the state or federal debarred list. d. For design-build projects,the 30% subcontracting limitation does not apply. e. For projects with no state or federal funds,the LG may follow their own procedures. LG Responsibilities a. Adopt TxDOT Standard Specification Article 8.8 b. Include FHWA-1273 in contract c. Include Contractor's Assurance in bid documents d. Approve subcontracts in writing Local Government Project Procedures 11-86 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components �. e. Assure subcontractor is not debarred f. Monitor 30%or 25% limitation TxDOT District Responsibilities a. For projects with state or federal funds: i. Review bid proposals for design-bid-build projects to ensure all applicable contract requirements are included. ii. Spot check LG's subcontract approvals for compliance with subcontracting limitation and debarred status. Submit questions and non- compliance issues to CST for final determination. b. There is no monitoring on projects without state or federal funds. Termination of Contract General, Federal-aid contracts exceeding$10,000 must contain suitable provisions for termination by the LG.The provisions must identify the manner by which the termination will be effected and the basis for settlement. Termination is an action taken by the ,,.. contracting agency to cancel a contract. There may be a number of grounds to warrant termination, including termination for cause,termination for convenience and termination for default. Prior to termination of a Federal-aid contract for which TxDOT concurred in the award,the LG shall consult with and receive the concurrence of TxDOT.Federal-aid participation in a terminated contract is decided by the individual merits of the particular case. However, in no instance will Federal funds participate in any allowance for anticipated profits on work not performed. -' If the LG awards a contract for completion of a Federal-aid contract previously terminated for default,FHWA policy limits the amount eligible for Federal participation.The amount eligible is the lesser of the original contract or the sum of the new contract plus the payments made under the original contract. Termination for Cause or Convenience. Terminations for cause or for convenience are for circumstance beyond the contractor's control. AASHTO lists the following conditions as grounds for termination for cause: ♦ Executive orders of the President for war,national defense or national emergency, ♦ Restraining orders or injunction obtained by third party action, or ♦ "Acts of God". Grounds for termination for convenience include circumstances for which it is in the best interest of the contracting agency to cancel the contract. In terminating a contract for cause or for convenience,the LG gives written notice to the contractor,relieving him or her from further contractual obligation. The contractor will be Local Government Project Procedures 11-87 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components paid for completed work,for work necessary to preserve and protect the completed work and for materials stockpiled for the project. Termination for Default.Terminations for default are for circumstances that are deemed to be under the contractor's control.The AASHTO guide specifications include the following as circumstances for termination for default: ♦ Failure to begin work under the contract within the time specified in the 'Notice to Proceed", ♦ Failure to perform the work with sufficient workmen and equipment or sufficient -� materials to assure the prompt completion of the project, ♦ Performance of the work not in conformance with the contract requirements or refusal to remove or replace rejected materials or unacceptable work, ♦ Discontinuance of the work, ♦ Failure to resume work which has been discontinued within a reasonable period of time after notice to resume, ♦ Committal of any act of bankruptcy or insolvency, ♦ Allowing any final judgment to remain unsatisfied, ♦ Making an assignment for the benefit of creditors, or ♦ Failure to comply with contract requirements regarding payment of minimum prevailing wages or EEO. The specifications typically require notice to the contractor and surety of default considerations by the LG.The notice gives the contractor and the surety a specified period of time, such as 10 days,to respond or to proceed with the work.If that period expires . without response,the LG may declare the contractor in default and notify the contractor and surety that the contractor is in default and the contract is void. The surety is then liable under conditions of the performance bond and must provide funds to complete the project, up to - the full value of the bond.To avoid paying the bond,the surety may elect to assign another contractor to complete the work.However, if the surety is unable or unwilling to assign another contractor,the funds will be transferred to the LG. If the surety awards a second contract,no action is required of FHWA or TxDOT since the surety's contract is considered an extension of the original contract.However, if the LG awards a contract to complete the work covered by a defaulted Federal-aid contract,normal " Federal-aid procedures for PS&E advertising and award must be followed. The Federal-aid funding for the project will be limited to the lesser of the original contract value or the amount spent under the defaulted contract plus the second contract. Federal Regulation a. 23 CFR 635.125 -Contracts exceeding$10,000 must contain provisions for .. termination of a contract, including the manner by which the termination will be effected and the basis for settlement. In addition,such contracts must describe conditions under which the contract may be terminated for default as well as Local Government Project Procedures 11-88 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components conditions where the contract may be terminated because of circumstances beyond the control of the contractor. b. 23 CFR 635.125–Termination of a contract requires prior FHWA concurrence. State Regulation a. Texas Administrative Code, Title 43, Chapter 26.33(g)(1)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects that connect with the state highway system. b. Texas Administrative Code,Title 43,Chapter 27.56(c)(3)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects with state fund participation. Required Practices a. All projects with state or federal funds must have termination language in the _ contract to protect the state or federal interest. The LG must adopt TxDOT Standard Specification Article 8.7 or submit alternate contract language for TxDOT approval. b. For project with no state or federal funds,the LG may use agency procedures. LG Responsibilities a. Adopt Article 8.7 of TxDOT Standard Specs or develop comparable contract language for termination of contract and include in bid documents,request for proposals, or concessionaire agreement. b. Request TxDOT approval of any termination action. TxDOT District Responsibilities a. For projects with state or federal funds: i. Transmit LG's alternate contract language to CST for approval. ii. The LG will take the termination action. Transmit LG's request to terminate a contract to CST for concurrence and determination of extent of participation. b. There is no monitoring on projects without state or federal funds. Time Extensions General Contract time extensions granted by an LG that affect project costs or liquidated damages shall be subject to the concurrence of TxDOT and will be considered in determining the amount of Federal participation. Events that are normally considered to be under the control of the contractor and,therefore, do not warrant a time extension includes: ♦ Shutdowns for maintenance, ♦ Breakdowns, Local Government Project Procedures 11-89 TxDOT 0212009 Section 3—Local Government(LG) Contract Module I1 —Construction Components • Suspensions or stop work orders for violation of safety or pollution regulations, • Shutdowns for construction accidents, and ♦ Material delays. The FAPG(Non-regulatory Supplement 23 CFR 635A)provides further guidance on materials delays. The contractor is responsible for the timely order and delivery of materials for the project.A delay in delivery of materials does not in itself generally support an extension of contract time.However, if an unusual market condition(i.e., an industry-wide strike,natural disaster or area-wide shortage)occurs, a time extension may be in order. – Delays due to inclement weather should be expected and should generally not be the basis for a change in contract time. Weather should be factored into the original contract time determination. Federal policy also covers granting time extensions due to utility,railroad and right-of-way (ROW)clearance delays. Because of the assurances required from the LG prior to TxDOT project authorization,the policy generally does not permit participation in time extensions for such delays. Whenever the railroad or utility is permitted to adjust its facilities coincidentally with contract operations, such activities must be clearly addressed in the contract provisions.All parties should understand that any interference by the railroad or utility to the contractor's operations generally would not constitute an allowable delay. In general, an extension of contract time due to ROW delays is very unusual and is the exception rather than the rule. Federal Regulation a. 23 CFR 635.121 –Time extensions for projects on the National Highway System are subject to approval by the FHWA and will be considered in the extent of federal participation. State Regulation a. No comparable state statutes Required Practices a. For federally funded projects on the National Highway System (NHS),the LG must have TxDOT approval of time extensions before granting the extension to the contractor. b. For all other projects,the LG may follow agency practice. LG Responsibilities a. Gain TxDOT concurrence in time extensions. b. For concession projects, follow terms of agreement with TxDOT. Local Government Project Procedures 11-90 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. For projects with state and federal funds on the NHS,review and approve time extension requests. b. There is no monitoring on all other projects. Title VI Compliance General Title VI of the Civil Rights Act of 1964 is the federal law that states "No person in the United States shall,on the grounds of race,color, or national origin be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies."Additional regulations and statutes broadened non- discrimination to include religion, sex, age,retaliation and disability. The two main authorities enabling Title VI implementation,compliance and enforcement are the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. Various other statutes, laws and regulations, executive orders and the United States Constitution provide guidance for the effective execution of the objectives of Title VI. These include, but are not limited to the: ♦ Federal-Aid Highway Act of 1973 ♦ Section 504 of the Rehabilitation Act of 1973 ♦ Americans with Disabilities Act of 1990 ♦ Age Discrimination Act of 1975 ♦ Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ♦ Executive Order13166: Improving Access to Services For Persons With Limited English Proficiency Pursuant to Title VI of the Civil Rights Act of 1964,as amended,the Restoration Act of 1987 and other nondiscrimination authorities, it is the policy of the Texas Department of Transportation that discrimination based on race,color,national origin, sex,age or disability shall not occur in connection with any of its programs or activities.Any recipient or sub- recipient receiving Federal financial assistance shall adopt this assurance or provide one in accordance with 49 CFR Part 21.7 and follow all applicable laws, regulations and guidance including 49 CFR Part 21 and 23 CFR Part 200. Federal Regulations _. a. 49 CFR Part 21:Nondiscrimination in Federally-Assisted Programs of the Department of Transportation b. 23 CFR Part 200: Title VI Program and Related Statutes–Implementation and Review Procedures State Regulations a. Texas Administrative Code,Title 43 §9.4: Civil Rights--Title VI Compliance Local Government Project Procedures 11-91 TxDOT 02/2009 Section 3—Local Government(LG) Contract .r Module 11—Construction Components Required Practices a. Pursuant to 23 USC 302,the FHWA's primary recipient is the State Highway Transportation Agency. In Texas,TxDOT is that primary recipient. TxDOT and its subrecipients and contractors, irrespective of tier, are required to prevent discrimination and ensure nondiscrimination in all programs and activities whether they are federally funded or not. b. Subrecipients of federal financial assistance include,but are not limited to cities, counties,contractors, consultants, suppliers,universities, colleges and planning agencies. TxDOT and/or the FHWA will address any discovered instance of discriminatory distribution of program access to or use of services and benefits. Program, facility,and records access shall be granted at any time to TxDOT,the State Auditor's Office,the USDOT and other federal agencies to assure compliance with these regulations. -- c. A Title VI complaint may be filed by any individual or individuals who allege they have been subjected to discrimination or adverse impact under any TxDOT program or activity based on race, color, national origin, sex, age,religion or ... disability.The complaint must be filed within 180 days of the date of the alleged act of discrimination.A"Discrimination Complaint Form"may be obtained online by visiting hqp://www.txdot.gov/services/civil rights/or by contacting the TxDOT Office of Civil Rights at 866480-2518. LG Responsibilities LG recipients should provide methods of administration designed to ensure that they and all subrecipients comply with Title VI and remedy any existing compliance problems. The minimum components of this requirement are: •� a. Develop specific outreach plan for notifying subrecipients through meetings, written documents of the Title VI requirements that apply to the federally-funded State program. .. b. Provide training for local program staff, subrecipients in the Federal agency's nondiscrimination policies and procedures. c. Establish procedures for processing complaints, notifying.TxDOT and the FHWA, and informing beneficiaries of their right to file an external complaint of discrimination. d. Develop a program to assess and report on the status of their Title VI compliance. e. Establish plans for bringing discriminatory programs into compliance within a specified time period. f. Assist the TxDOT Office of Civil Rights in the Title VI review of the LG and subrecipient contractor program areas and activities.Revise where applicable, .. policies and procedures and directives to include Title VI requirements. g. Distribute policy statement which expresses the LG's commitment to the nondiscrimination provisions of Title VI.The policy statement shall be circulated throughout the recipient's organization and to the general public. Such information shall be circulated where appropriate in languages other than English. h. Take affirmative action to correct any deficiencies found by the Federal Highway Administration within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance. Local Government Project Procedures 11-92 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11 —Construction Components i. Process complaints of discrimination consistent with the LG's procedures. External complaints of discrimination shall be forwarded to TxDOT's Office of Civil Rights for investigation. Investigations shall be conducted by the Office of Civil Rights personnel trained in discrimination complaint investigations. j. Collect statistical data(race, color,national origin, sex, age, disability)of participation in, and beneficiaries of the programs and activities conducted by the recipient. k. Participate in training program on Title VI and related statutes. 1. Prepare a yearly report of Title VI accomplishments for the past year and goals for the next year. in. Distribute Title VI information for dissemination to the general public and when appropriate, in languages other than English. n. Establish procedures to identify and eliminate discrimination when found to exist. o. Provide LG's program to TxDOT for review. TxDOT District Responsibilities a. TxDOT may perform compliance reviews to determine if the LG is adequately adhering to the conditions set forth under 23 CFR 200.9. Trench Safety General, According to OSHA, dozens of people are killed each year and hundreds are injured. OSHA has established several trench safety requirements such as: • Trenches 5 feet deep or more require a trench protection system. • Trenches 20 feet deep or more require that the trench protection system be designed by a registered professional engineer. . • Allowable trench protection systems include: i. Sloping protects workers by cutting back the trench wall at an angle inclined away from the excavation. ii. Shoring protects workers by installing aluminum hydraulic or other types of supports to prevent soil movement. iii. Shielding protects workers by using trench boxes or other types of supports to prevent soil cave-ins. • OSHA standards require that trenches be inspected daily and as conditions change by a competent person prior to worker entry to ensure elimination of excavation hazards. To assure that trench safety receives the attention it deserves, Health and Safety Code, § 756 outlines several construction project requirements. Federal Regulation a. No comparable statute. There is no federal requirement for there to be a bid item for trench safety. However,various trench safety measures are required by OSHA. Refer to the contract requirement"Safety:Accident Prevention (OSHA)." Local Government Project Procedures 11-93 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components State Regulation a. Health and Safety Code, § 756.022.Trench Excavation in State requires that any bid documents(if bid documents are used)and the construction contract contain the following provisions for any trench excavation exceeding a depth of 5 feet. i. A reference to the Occupational Safety and Health Administration standards for trench safety, ii. A copy of special shoring requirements, if any, of the state or of a political subdivision in which the construction project is located,with a separate pay item for the special shoring requirements, iii. a copy of any geotechnical information that was obtained by the LG for use in the design of the trench safety system;and iv. a separate pay item for trench excavation safety protection. b. Health and Safety Code, § 756.023.Trench Excavation for Political Subdivision requires the same bid and contract provisions as § 756.022 plus additional requirements for cities and counties. Required Practices a. Requirements of Health and Safety Code, § 756.022 applies to all projects with state or private funding whether on-system or off-system. b. Requirements of Health and Safety Code, § 756.023 applies to all projects with city or county funding whether on-system or off-system. c. Impose Health and Safety Code, § 756.022 regardless of funding. Responsibilities .. a. Include the required provisions in the bid documents. TxDOT District Responsibilities a. Review bid documents for required provisions. Warranties and Warranty Clauses General. With certain limitations,warranties may be specified.Prior to 1991,the FHWA had a longstanding policy that restricted the use of warranties on Federal-aid projects to electrical and mechanical equipment.The rationale for the restriction was that such contract requirements may indirectly result in Federal-aid funds participating in maintenance costs. The use of Federal-aid funds for routine maintenance is prohibited by law. On August 25, 1995,FHWA published an Interim Final Rule (IFR) for warranties related to projects on the National Highway System.The IFR states that warranty provisions shall be for a specific construction product or feature. Routine maintenance items are still ineligible. The warranty Final Rule was published in the April 19, 1996 Federal Register and became 23 CFR 635.413. The LG may include warranty provisions in NHS construction contracts in accordance with the following: Local Government Project Procedures 11-94 TxDOT 0212009 Section 3—Local Government (LG) Contract Module 11—Construction Components ♦ Warranty provisions shall be for a specific construction product or feature.A general warranty for the entire project is unacceptable since the contractor does not control the design process or make decisions during that phase. ♦ Warranties may not cover items of maintenance ineligible for Federal participation. An example of this might be a warranty for guardrail construction where it would be inappropriate to warrant routine damage done to the guardrail by vehicle impacts. ♦ Contractors are not to be required to warrant items over which they have no control.An example of this might be a warranty for asphaltic concrete pavement.It would be appropriate for the contractor to warrant the smoothness of the pavement or the rutting performance, but inappropriate to warrant reflective cracking that might occur due to preexisting underlying layers regardless of how well the contractor constructs the new pavement. ♦ All warranty requirements and subsequent revisions shall be submitted to TxDOT for advance approval. ♦ The LG may follow TxDOT procedures regarding the inclusion of warranty provisions in non-NHS Federal-aid contracts. Currently the regulations do not restrict the duration of the warranty.However,practical experience has shown that two to five year warranties are common, and warranties beyond five years may not be as cost effective due to bonding and/or surety concerns. Warranty provisions have been used for asphalt concrete pavements, bridge painting,traffic striping and bridge expansion joints. Federal Regulation a. 23 CFR 635.413–For projects on the National Highway System,warranty provisions may be used for a specific product or feature. Warranties for the entire project are not acceptable. Contractors may not be required to warrant items over which they do not have control. b. 23 CFR 635.413(e)–For design-build projects on the National Highway System, regulatory changes are appropriate: i. General project warranties may be used with limitations. ii. Contracting entities may allow proposers to submit alternate warranty proposals for determination of best value. State Regulation a. No comparable state statute. Required Practices a. For projects with state or federal funds,the LG must submit warranty procedures, including contract language, for TxDOT approval. b. For projects with no state or federal funds,the LG may use agency procedures. Local Government Project Procedures 11-95 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components LG Responsibilities a. Submit warranty procedures to TxDOT for approval. b. For concessions, follow terms of agreement. TxDOT District Responsibilities a. For design-bid-build and design-build projects with state or federal funds, submit .- the LG's warranty process and contact language to CST for approval. b. There is no monitoring on projects without state or federal funds and concessionaire projects. B.LETTING AND AWARD Addenda General All bidders must bid the project on the same or comparable basis, so that no particular advantage or disadvantage accrues to any potential bidder or to the LG. Since an addendum issued during an advertisement period could have a profound impact,not just on bid prices,but also on the basis for bid comparisons, all prospective bidders must be made aware of any addendum as expeditiously as possible. The definition of"expeditious," in terms of an adequate time frame to get an addendum out to all prospective bidders prior to the bid opening, is subjective.Each case should be judged on the complexity of the addendum.The most important consideration in an addendum process is to give all potential bidders enough time to fully evaluate the effect of the changes and to adjust their bid accordingly.The LG should develop policy guidance that identifies an adequate time frame. Since an addendum constitutes a deviation from the TxDOT-approved PS&E,the obligation of Federal-aid funds may be impacted by the change.Therefore,TxDOT must approve an addendum prior to release to the prospective bidders.Any approval or concurrence will be based on the LG's assurance that all potential bidders will receive the approved addendum. Federal Regulation a. 23 CFR 635.112(c) i. Addenda which contain a major change to the plans and/or specifications must be approved by FHWA/TxDOT prior to release to prospective -- bidders. ii. Minor addenda must be identified prior to, or with the request for concurrence in award. iii. Addenda must be sent to all bidders. iv.' Bidders must acknowledge receipt of all addenda. Failure to acknowledge addenda renders a bid non-responsive. .. b. 23 CFR 635.112(1)(3)–design-build i. Addenda that result in major changes to the Request for Proposals must be approved by FHWA/TxDOT prior to release to offerors. Local Government Project Procedures 11-96 TxDOT 02/2009 Section 3—Local Government (LG) Contract Module 11—Construction Components ii. Addenda must be sent to all offerors. iii. The LG must provide assurance that all offerors received all addenda prior to requesting concurrence in award. c. CFR 635.114 (b) i. FHWA must formally concur in the award of all Federal-aid contracts. This is a prerequisite to Federal participation in construction costs and is considered as authority to proceed with construction,unless specifically stated otherwise.Concurrence in award shall be formally approved and shall only be given after receipt and review of the tabulation of bids. State Regulation a. Local Government Code 271.0065 -All bidders must have the opportunity to bid on the same items on equal terms. (Applies to municipalities,counties, and other local governments) b. Transportation Code 366.185–A Regional Tollway Authority must develop competitive bidding procedures to award contracts to the lowest responsible bidder that complies with the authority's criteria. c. Transportation Code 370.184 and .185–A Regional Mobility Authority must adopt rules governing award of contracts. A contract may be let by a competitive bidding procedure to the lowest responsible bidder that complies with the authority's criteria. Required Practices a. For projects with federal funds,TxDOT must concur in the award. b. For all projects on the state system,projects with federal or state funds,or projects administered by a Regional Mobility Authority, all addenda must have TxDOT approval prior to award of the contract. "Major"addenda must be approved by TxDOT prior to release to prospective bidders/offerors. "Minor"addenda may be approved by TxDOT after release to bidders but prior to award of contract. Minor addenda includes minor quantity changes and correction of obvious errors,but does not include changes to geometric features, approved specifications,or safety appurtenances. The LG should verbally advise TxDOT of any proposed addenda before release to prospective bidders/offerors to avoid potential participation issues. c. For projects that do not have state or federal funds, are not on the state system,the LG should follow their own procedures. The LG does not have to get TxDOT approval of addenda. d. For concessionaire projects that include long-term maintenance by the concessionaire(20 years or more), major addenda do not have to be approved by TxDOT prior to release. All addenda must be approved by TxDOT before award of contract. LG Responsibilities a. Request formal concurrence in award from TxDOT. The request must include the tabulation of bids. Local Government Project Procedures 11-97 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. Secure TxDOT approval of"major"addenda prior to release. c. Assure all addenda available to all bidders/offerors. d. Secure TxDOT approval of"minor"addenda prior to contract award. TxDOT District Responsibilities a. For project with federal finds, forward the LG's request for concurrence in the award to the Design Division. b. For all projects requiring TxDOT approval of addenda,reach agreement with the LG on the process to submit addenda to the District. This process should be -� understood by both the District and the LG before advertising for bids or issuing a request for proposals. c. Fax or e-mail addenda to DES as soon as practical following receipt from the LG. d. There is no monitoring on projects that do not require TxDOT approval of addenda. Advertising General An advertisement is the official announcement inviting bids for construction -- work. Certain requirements must be fulfilled before the official advertisement is issued.In Texas,advertisement of a contract proposal legally takes the form of a classified advertisement.Advertisements must be in the county in which the work is to take place and in two other newspapers,and run weekly at least two weeks prior to bid opening. If the contract is estimated to involve less than $300,000,notice may be published in only two successive issues of a newspaper published in the county in which the improvement is to be .� made.Other forms to announce upcoming projects may include advertisements in trade journals, bulletins and mailed notices to potential bidders.These other forms of advertisement can attract greater attention and,thereby, enhance competition.However,the notice in a newspaper is considered the legal advertisement. The LG may only advertise a project following TxDOT's approval of the PS&E package. TxDOT authorization will be based on the assurances prescribed in 23 CFR 635.309,which �. include: ♦ PS&E approval; ♦ Assurances that all right-of-way clearances(including encroachments on the right-of- way),utility, and railroad work have been completed, or that arrangements have been made for coordination during construction with proper notice provided in the bid proposal; ♦ Assurances for relocation of individuals and families, when applicable; ♦ Assurances that the public hearing process and location and design approval requirements have been met; and ♦ Assurances,where applicable,that required area-wide agency reviews have been accomplished. Local Government Project Procedures 11-98 TxDOT 0212009 Section 3—Local Government (LG) Contract Module 11—Construction Components The LG's advertising policy and practices must assure free and open competition. This policy includes issues concerning licensing, bonding,prequalification, and bidding, as well as,the announcement itself in relation to Title VI Nondiscrimination,with regard to age,race, religion, color, sex,national origin, disability, etc. The minimum advertisement period is three weeks. With approval by TxDOT, exceptions are permitted where circumstances warrant.For large or complex projects,the advertisement period should be greater than three weeks to permit prospective bidders adequate time to prepare a responsive bid proposal. Scheduling a pre-bid meeting to address prospective contractors concerns and questions is considered good industry practice. The LG shall continue to accept bids or proposals or other applicable expressions of interest for the contract for at least 21 calendar days after the date the LG first posted notice of the contract in accordance with the requirements listed above, or 14 calendar days after the date the LG first posted the entire bid or proposal solicitation package. The minimum posting requirements do not apply in an emergency requiring the LG to make the procurement more quickly to prevent a hazard to life,health, safety,welfare or property or to avoid undue additional cost. The Transportation Code §223.002 stipulates that notice of the time and place at which bids will be opened for a contract and the contract awarded be published in a newspaper published in the county in which the improvement is to be made once a week for at least two weeks before the time set for awarding the contract and in two other newspapers that the LG may designate.If the LG estimates that the contract involves an amount less than $300,000,notice may be published in two successive issues of a newspaper published in the county in which the improvement is to be made;no further advertisement is needed. If a newspaper is not published in the county in which the improvement is to be made,notice shall be published in a newspaper published in the county nearest the county seat of the county in which the improvement is to be made; and in which a newspaper is published. The Government Code §2155.083 requires that all contracts involving more than $25,000 be posted in the in Electronic State Business Daily maintained by the Office of the Comptroller. The LG must post in the business daily either the entire bid or proposal solicitation package or a notice that includes all information necessary to make a successful bid,proposal, or other applicable expression of interest for the procurement contract, including at a minimum the following information for each procurement that the state agency will make that is estimated to exceed$25,000 in value: ♦ A brief description of the goods or services to be procured and any applicable state product or service codes for the goods and services; ♦ The last date on which bids,proposals, or other applicable expressions of interest will be accepted; ♦ The estimated quantity of goods or services to be procured; ♦ If applicable,the previous price paid by the state agency for the same or similar goods or services; ♦ The estimated date on which the goods or services to be procured will be needed;and Local Government Project Procedures 11-99 RDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction . -Components ♦ The name,business mailing address, and business telephone number of the state agency employee a person may contact to inquire about all necessary; ♦ Information related to making a bid or proposal or other applicable expression of interest for the contract. Federal Regulation a. 23 CFR 635.112 contains the following requirements: i. Projects may not be advertised for receipt of bids until a Letter of Authority is issued by the FHWA. ii. The advertisement and the approved PS&E must be available a minimum of three weeks before bid opening. iii.For design-build,FHWA's approval of the Request for Proposals has the same significance as PS&E approval. State Regulation a. Local Government Code 252.041 (municipalities)-The Municipality must place a weekly advertisement in a newspaper published in the municipality at least two weeks before bid opening. b. Local Government Code 262.025 (counties)–The County must place a weekly advertisement in a newspaper of general circulation in the county at least two weeks before bid opening. c. Local Government Code 271.025 (municipalities,counties, and other local governments)–Governmental entities must advertise for bids. If no other law prevails,the advertisement must be published in a newspaper of general circulation in the area at least twice on or before the tenth day before the first date bids may be submitted.. d. Local Government Code 271.184–Design-build projects must be advertised including time and place of bid opening according to any manner prescribed by law. e. Government Code 2155.083–Procurements over$25,000 by all state agencies -- must be placed on the Comptroller's Electronic State Business Daily web site a minimum of 21 days prior to bid opening. f. Transportation Code 223.002–For projects let by TxDOT. This statute does not apply to other entities. i. Advertise the place and time bids are to be opened and read. ii. For contracts estimated at $300,000 or above, advertisements in newspapers need to be in the county in which the work is to take place, and in two other newspapers(total of three newspapers). For contracts estimated to be less than $300,000, advertisements should be published twice in the county where the work is to take place. iii. The newspaper advertisements must be placed at least two weeks prior to bid opening and run each week. iv. If a newspaper is not published in the county in which the work is to be done,advertisements need to be published in a newspaper published in the county: Local Government Project Procedures 11-100 TxDOT 02/2009 Section 3—Local Government (LG) Contract Module 11 —Construction Components 1. Nearest the county seat of the county in which the work is to be done; and 2. In which a newspaper is published. g. Transportation Code 223.203(c)–For design-build, TxDOT must publish a notice advertising a request for competing proposals and qualifications in the Texas Register. This Regulation does not apply to other entities. h. Transportation Code 366.185(b)–Regional Tollway Authorities must adopt rules governing award of contracts through competitive bidding. i. Transportation Code 370.184–A Regional Mobility Authority must adopt rules governing award of contracts. Required Practices a. For projects with state or federal funds,the LG may not advertise for receipt of bids until so authorized by TxDOT. If the project has federal funds,authorization from TxDOT will be after FHWA issues a Letter of Authority. b. For projects with federal or state funds,the LG is encouraged to follow the provisions of Transportation Code 223 and Government Code 2155.083. (Electronic State Business Daily,number and location of newspapers) c. For projects with no federal or state funds,the LG may follow their own advertising procedures. The LG is encouraged to use the Electronic State Business Daily. d. Concessionaires will follow TxDOT practices on projects where TxDOT is the administrator. LG Responsibilities a. Advertising must be after TxDOT authorization. b. Advertise a minimum of 3 weeks in advance of bid opening. c. Use three newspapers and consider using the Electronic State Business Daily. d. For design-build follow provisions in the approved solicitation. TxDOT District Responsibilities a. General i. For projects with state or federal funds,review the LG's process for advertising for compliance with the applicable statutes and policy statements. Submit questions and non-compliance issues to CST for final - determination. ii. For projects with state or federal funds, check that the advertisement is not listed in the Electronic State Business Daily, newspapers, or other advertising medium before the LG receives authorization from TxDOT. iii. There is no monitoring on projects without state or federal funds. b. Design-bid-build–For projects with state or federal funds, spot check newspaper advertisements for compliance with statutes(content of advertisement,number of newspapers, and area of circulation). c. Concessionaire–Monitor advertising for compliance with the concessionaire agreement. Local Government Project Procedures 11-101 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Bid Analysis and Contract Award General Bid analysis is the basis for justifying contract award or rejection of the bids.A proper bid analysis helps to ensure that funds are being used in the most effective manner. Contract award is the commitment to go forward with the project. Bid Analysis.The engineer's estimate is part of the PS&E. One of the purposes of the estimate is to serve as a guide to analyze bids. The estimate should be accurate, credible and based on realistic data. TxDOT maintains written procedures for justifying the award of a contract, or rejection of the bids,when the low bid appears excessive or rejection is being considered for other reasons(please refer to TxDOT's Letting Manual for more information). The bid analysis process,pursuant to 23 CFR 635.114(c), is an examination of the unit bid prices for reasonable conformance with the engineer's estimated prices.Beyond the comparison of prices, other factors that a bid analysis may consider include: ♦ Number of bids, ♦ Distribution or range of the bids, ♦ Identity and geographic location of the bidders, ♦ Urgency of the project, ♦ Unbalancing of bids, ♦ Current market conditions and workloads, ♦ Comparison of bid prices with similar projects in the letting, ♦ Justification for significant bid price differences, ♦ Potential for savings if the project is re-advertised, and ♦ Other factors as warranted. Not all of these factors need to be considered for bids that indicate reasonable prices or show _. good competition.However,when the low bid differs from the engineer's estimate by an unreasonable amount, a thorough analysis of all bids should be undertaken to justify award of the contract.In order to justify award of a contract under these circumstances,the following questions should be considered: ♦ Was competition good? ♦ Is the timing of the project award critical? ♦ Would deferral be contrary to the public interest? ♦ Would re-advertisement result in higher or lower bids? ♦ Was there an error in the engineer's estimate? Unbalanced Bids.Perform an analysis of the tabulations and the project estimate to determine the presence of unbalanced bids.As defined in 23 CFR 635.102,the two types of unbalanced bids are: Local Government Project Procedures 11-102 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components ♦ A mathematically unbalanced bid is a bid that contains lump sum or unit bid items that do not reasonably reflect the actual costs(plus reasonable profit, overhead costs, and other indirect costs)to construct the item,while ♦ A materially unbalanced bid is a bid that generates reasonable doubt that award to that bidder would result in the lowest ultimate cost to the Government.A materially unbalanced bid should not be awarded. The LG must obtain TxDOT concurrence on the determination of whether or not a bid is unbalanced. To detect mathematical unbalancing,the unit bid items will be evaluated for reasonable conformance with the engineer's estimate and compared with the other bids received.There are no definitive parameters(e.g., an amount or percent of variance from the engineer's estimate)that constitute an unbalanced bid.The degree of unbalancing of a bid may depend on the reason for the unbalancing. There may be situations where the quantity of an item could vary due to inaccuracies in the original quantity or cost estimating, errors in the plans,changes in site conditions or design, etc.In these situations,the bids will be further evaluated to determine if the low bidder would ultimately yield the lowest cost. If unbalancing creates reasonable doubt that award would result in the lowest ultimate cost,the bid is materially unbalanced and TxDOT will recommend rejection or other steps to be taken to protect the government's interest. Additional information related to unbalanced bid determination is available in TxDOT's Letting Manual. Transportation Code §223.0041 stipulates that award of a contract must be made to the lowest bidder. This award is however, subject to the federal Buy America provisions in accordance with Transportation Code §223.045. Concurrence in Award.Concurrence in contract award is not just a formality; it is the authorization to proceed with construction.The LG must formally request concurrence by TxDOT in the award of contracts. The basic policy is explained in 23 CFR 635.114(a): "Federal-aid contracts shall be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established by the STD[LG] in accordance with 23 CFR 635.110.Award shall be within the time established by the STD [LG] and subject to the prior concurrence of the Division Administrator [TxDOT]." The regulations,23 CFR 635.114(b), further state that: "Concurrence in award ...is a prerequisite to Federal participation in construction costs and is considered as authority to proceed with construction,unless specifically stated otherwise." TxDOT's concurrence shall be formally documented in writing and shall include any qualifying statements concerning the concurrence. Verbal concurrence in award must be avoided and should only be used in unusual circumstances.Verbal concurrence must be Local Government Project Procedures 11-103 RDOT 02/2009 Section 3—Local Government(LG) Contract . Module 11—Construction Components documented and should be followed by a written concurrence in award that reflects the date of verbal concurrence. When the LG determines that the lowest bidder is not qualified,23 CFR 635.114(f)requires that: "If the SDT [LG] determines that the lowest bidder is not responsive or the bidder is not responsible, it shall so notify and obtain the Division Administrator's [TxDOT's] concurrence before making an award to the next lowest responsible bidder." 23 CFR 635.114(h)covers the situation when the LG makes a decision to reject all bids: "Any proposal by the STA [LG]to reject all bids received for a Federal-aid contract shall be submitted to the Division Administrator [TxDOT] for concurrence,accompanied by adequate justification." To insure the sanctity of the low-bid system,the FHWA Contract Administration Core Curriculum states"The act of a contracting agency negotiating with an apparent low bidder prior to award is defined as "bid rigging in reverse,"and is expressly prohibited by 23 CFR 635.113(a)." Add Alternates. Many architectural projects use the concept of"add or deductive alternates". This concept allows the owner to maximize available funding. While the concept is not normally associated with Federal-aid Highway projects, it may be used if the alternates are listed in the proposal in priority order,with an explanation to all bidders of how the alternates will be used to determine the low bidder and contract award. Federal Regulation a. 23 CFR 635.113(a) i. Negotiation with contractors,during the period following the opening of bids and before the award of the contract shall not be permitted. b. 23 CFR 635.114 i. Contracts must be awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established in accordance with Sec.635.110. ii. Award is subject to the prior concurrence of FHWA(TxDOT may act on behalf of FHWA on certain projects). Prior concurrence is a condition of federal participation. iii. Bids shall be evaluated for conformance with the engineer's estimate. Extreme variations and obvious unbalancing shall be thoroughly evaluated to assure good competition and the lowest possible price was received. ,- iv. The request to concur in award of an unbalanced bid must be supported by written justification. v. Decisions to either award to other than the low bidder or reject all bids ., must be have prior FHWA (TxDOT)concurrence. c. 23 CFR 635.114(k)–Design-build contracts shall be awarded in accordance with the Request for Proposals. Local Government Project Procedures 11-104 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components d. 23 CFR 636–Design-Build i. Subpart B lists acceptable procedures for selection and award of design- build projects. ii. Award is based on"best value"evaluated using the criteria established in the Request for Proposals. State Regulation a. Texas Administrative Code Title 43, §9.15(e)–Requires that TxDOT examine low bids for reasonable conformance with TxDOT's estimate. Bidders found to have submitted a materially and mathematically unbalanced bid will not be allowed to submit future bids on the same project. b. Texas Administrative Code Title 43, §26.33(g)–Requires that a Regional Mobility Authority use TxDOT specifications or approved alternate specifications for projects that connect to, or are on,the state highway system. c. Texas Administrative Code Title 43, §27.56(c)(3)–Requires that requestors use TxDOT specifications or approved alternate specifications for toll projects that include state funds. TxDOT may consider alternative specifications, including if a project is not intended to become part of the state highway system or otherwise under TxDOT jurisdiction. d. Transportation Code 223.0041 –TxDOT contracts shall be awarded to the lowest bidder. e. Transportation Code 223.209–TxDOT must develop rules governing selection of a developer for a comprehensive development agreement. f. Local Government Code 252.043–Requires a municipality to award a contract to the bidder that provides the best value. Includes factors that may be considered in "best value"determination. g. Local Government Code 252.0435–Allows a municipality to consider a bidder's safety record if: i. The governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder; ii. The governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and iii. The determinations are not arbitrary and capricious. h. Local Government Code 252.0436–Allows a municipality to refuse award of a contract to a bidder indebted to the municipality. i. Local Government Code 262.027-Requires a County commissioner's court to award contract to"lowest and best"bid or reject all bids and publish a new notice. j. Local Government Code 262.0271 –Allows a County to give preference to a bidder who provides health insurance comparable to health insurance for county employees. k. Local Government Code 262.0275–Allows a County to take into account the safety record of the bidder if: i. The commissioners court has adopted a written definition and criteria for accurately determining the safety record of a bidder; ii. Prospective bidders are given notice in the bid specifications; and iii. The determinations are not arbitrary and capricious. Local Government Project Procedures I1-105 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components 1. Local Government Code 262.0276—Allows a County to refuse award of a contract to a bidder indebted to the county. m. Local Government Code 262.0305—Allows a County to negotiate modifications after award if in the best interest of the county. n. Local Government Code 271.0065—Requires a County to provide potential bidders the opportunity to have their bid judged to the same standards. o. Local Government Code 271.027—Requires a County to award contracts to the lowest responsible bidder. Also allows a bidder to demonstrate responsibility after opening and before award to another bidder. p. Local Government Code 271.192 - For design-build projects the LG must select a design-build firm using a combination of technical qualifications and cost. q. Transportation Code 366.185—A Regional Tollway Authority must award contracts by a competitive bidding procedure where the contract is awarded to the lowest responsible bidder that meets the Authority's criteria. r. Transportation Code 370.184—A Regional Mobility Authority must adopt rules governing award of contracts. — s. Transportation Code 370.312—A Regional Mobility Authority must adopt rules governing selection of private partnerships. Required Practices a. For all projects with federal and/or state funds and all projects on the state highway system,the LG must have TxDOT concurrence in award before awarding a contract. Since TxDOT does not reimburse on Pass-Through Finance projects(also called Pass-Through Toll projects)until the project is open and it is accepted at completion,TxDOT concurrence is not required. If an issue occurs at letting,the LG should be informed the issue jeopardizes reimbursement and therefore the LG should remedy the issue. b. For all projects with federal and state funds,the LG must develop specific criteria for determining a"responsible/responsive bidder". The language must address statutory options, such as"best bid", "best value", and"safety record". TxDOT approval of the criteria is required and the criteria must be included in bid documents. In addition,the LG must have a procedure satisfactory to TxDOT to determine and evaluate"materially and mathematically unbalanced bids". c. For projects with federal and state funds,the provisions of Local Government Code 271.027 allowing a bidder to demonstrate responsibility after bid opening does not apply since 3.b.provides for developing contract language before advertising a contract for receipt of bids. d. For projects with no federal or state funds,the LG may award contracts without prior TxDOT concurrence following their applicable procedures. LG Responsibilities a. Develop definition of responsible/responsive bidder for TxDOT approval and include in bid documents. b. Establish low bid criteria if add alternates are used. c. Evaluate bids. d. Determine lowest responsible/responsive bidder. Local Government Project Procedures 11-106 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components e. Obtain TxDOT concurrence on the determination of whether or not a bid is unbalanced. f. Request concurrence in award (except for Pass-Through Finance projects). g. Proceed with contract execution after notification of concurrence h. For design-build, submit procurement procedures to TxDOT for approval. i. For design-build, evaluate offers for compliance with rules. j. Request TxDOT concurrence in award. k. For off-system projects with no federal or state funds, follow local procedures. TxDOT District Responsibilities a. General i. For projects with state or federal funds,review the LG's process for bid analysis and contract award for compliance with the applicable statutes and policy statements. Submit questions and non-compliance issues to CST for final determination. ii. For projects with state or federal funds and for projects on the state system,the LG must request TxDOT concurrence in award prior to awarding a contract(except for Pass-Through Finance projects). The District must review the LG's request and forward to CST for formal TxDOT concurrence. iii. There is no monitoring on projects with local or private funds that are not on the state highway system. b. Design-bid-build i. Assure that definitions for"responsible/responsive bidder", "best value", "best bid", and"safety record"are acceptable and are included in the bid proposal. In addition, review the LG's process for determining "materially and mathematically unbalanced bids" is acceptable and appropriate language is in the bid proposal. Submit questions and non- compliance issues to CST for final determination. ii. Notify the LG of the TxDOT Administration's concurrence or rejection. c. Design-build i. Assure that the proposal evaluation factors comply with the applicable state and policy statements. ii. Notify the LG of the TxDOT Administration's concurrence or rejection. d. Concessionaire i. Review the concessionaire's procurement process for compliance with statutes and policy statements. ii. Notify the LG of the TxDOT Administration's concurrence or rejection. Bid Opening and Tabulation General. The bid opening is a public forum for the announcement of all bids, and is that point in time where the bids are opened and read aloud.Bid tabulations provide a means of evaluating bids and as a mechanism for tracking construction costs. Local Government Project Procedures 11-107 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Bid opening. FHWA policy requires all bids to be opened publicly and read aloud either item-by-item,or by total amount. Reasons for not reading a bid include the bid itself being unresponsive,often called "irregular",or the bidder is determined not responsible.The differences between a responsive bid and responsible bidder are as follows: ♦ A responsive bid is one that meets all the requirements of the advertisement and proposal,while ♦ A responsible bidder is one who is physically organized and equipped with the financial wherewithal to undertake and complete the contract. Some reasons for not reading a bid due to bidding irregularities may include: ♦ Failure to sign the bid, ♦ Failure to furnish the required bid bond, ♦ Failure to include a unit bid price for each item, ♦ Failure to acknowledge all addenda, ♦ Failure to include a total amount for the bid, ♦ Failure to submit a non-collusion affidavit, ♦ Failure to commit to the achievement of the DBE contract goals or demonstrate good faith efforts to do so,or ♦ Inclusion of conditions or qualifications not provided for in the specifications. The above examples do not include all possible bidding irregularities.The LG's specifications will define what constitutes a bidding irregularity.Therefore,the LG's bidding documents must clearly identify those requirements with which the bidder must comply to have a responsive bid. Just as the bid may be rejected for being irregular or unresponsive,an apparent low bid may also be rejected on the grounds that the bidder is not a responsible bidder. A bidder may be deemed not responsible because of past unsatisfactory performance,as evidenced by failure to meet the LG's qualification requirements,or because of State or Federal suspension/debarment action.A determination of non-responsibility by the LG should be documented in writing and the contractor should be given"due process"to respond to such charges.A determination of non-responsibility should be done prior to the receipt of bids. While 49 CFR 29.510(b)(2) indicates that participants may not be required to check the Excluded Parties List System,the LG is highly encouraged to develop a procedure for verifying the eligibility of participants prior to the award of the contract. Additional guidance related to unresponsive and irregular bid determination may be obtained in TxDOT's Letting Manual. In summary, a successful bid opening should identify the responsible bidder submitting the lowest,responsive bid. -. Local Government Project Procedures 11-108 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components While FHWA does not have specific policies on how a bid opening should be conducted, the competitive bidding policy relies on the phrase in 23 CFR 635.113 that "... all bids ... shall be publicly opened and announced ...".In common terms, "publicly opened"means being opened in front of the "public" -particularly those people who are stakeholders in the letting.The specific details of the advertisement and bid opening procedures are governed by State statute. Bid tabulations.As a basis for tracking current construction costs and forecasting future construction costs,the LG must provide bid tabulation data to TxDOT. Combined Certifications/Signature Sheets.Frequently,bids are rejected as non-responsive because the contractor inadvertently failed to sign one of the many certifications required. In an effort to maximize competition, some entities use either a combined certification sheet or include in the bid proposal packet a detailed listing of the certifications that are required and their location within the packet. Transportation Code §223.004 requires that all bids be sealed and filed with the LG.The bids must be opened in a public meeting allowing attendance by all interested bidders.All bids must be opened in the presence of any interested bidders. Federal Regulation a. 23 CFR 635.113–design-bid-build i. All bids received must be publicly opened and read. If a bid'is received and not read,the bidder's name must be identified and the reason for not reading the bid must be announced. ii. Negotiating with contractors between bid opening and contract award is prohibited. iii. For projects on the National Highway System, a tabulation of bids must be submitted to FHWA. b. 23 CFR 635.113–design-build i. All proposals received must be opened and reviewed in accordance with _ the terms of the solicitation. ii. For projects on the National Highway System, a post-award tabulation of proposal prices must be submitted to FHWA. State Regulation a. Local Government Code 252.041 –A municipality must publish a notice that contains the time and place bids will be publicly opened and read. b. Local Government Code 252.0415 –A municipality may receive bids electronically if the municipality adopts rules to assure confidentiality until opening. c. Local Government Code 262.025–A county must publish a notice that contains the time and place bids will be received and opened. (Does not mention public opening). d. Local Government Code 262.026–A county official must open bids on the date specified in the notice. All bids must be opened at the same time. Local Government Project Procedures 11-109 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components e. Local Government Code 271.026–A county may open bids only at a public meeting or in a County office. f. Local Government Code 271.184–Design-build projects must be advertised including time and place of bid opening according to any manner prescribed by law. g. Local Government Code 271.192–For design-build projects the LG must select a design-build firm using a combination of technical qualifications and cost. h. Texas Administrative Code Title 43, §26.33(g)–Requires that a Regional Mobility Authority use TxDOT specifications or approved alternate specifications for projects that connect to, or are on,the state highway system. i. Texas Administrative Code Title 43, §27.56(c)(3)–Requires that requestors use TxDOT specifications or approved alternate specifications for toll projects that include state funds. TxDOT may consider alternative specifications if a project is not intended to become part of the state highway system or otherwise under TxDOT jurisdiction. j. Transportation Code 223.004–TxDOT must open bids at a public meeting. k. Transportation Code 223.154–TxDOT must open proposals in a manner that does not disclose their contents to competing offerors during negotiations. 1. Transportation Code 366.184–Regional Tollway Authorities must adopt rules ... governing award of contracts through competitive bidding. in. Transportation Code 370.184–Regional Mobility Authorities must adopt rules governing award of contracts. .. n. Transportation Code 370.185–A Regional Mobility Authority may award contracts using a competitive bidding o. Transportation Code 370.306–For Comprehensive Development Agreements, a Regional Mobility Authority must evaluate proposals based on criteria in the notice. Required Practices a. For all projects with federal or state funds using other than a design-build process, the LG must open and read bids in a public forum. b. For all design-build projects with federal or state funds,the LG must open proposals in accordance with the solicitation. c. For all projects with federal and/or state funds and all projects on the state .. highway system,the LG must submit bid tabulation(post-award tabulation of proposed prices for design-build)to TxDOT as part of a request for TxDOT to concur in award. d. For projects with no federal or state funds,the LG may use their own procedures for opening bids and proposals. LG Responsibilities a. Submit procedure to assure public opening of bids. b. Open and read bids in public forum. c. Submit bid tab to TxDOT. d. For design-build,open proposals in accordance with solicitation. e. For design-build, forward post-award tabulation to TxDOT. Local Government Project Procedures 11-110 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. General i. For projects with state or federal funds,the LG must submit a bid tabulation to the District. The District will use the bid tabulation as part of their recommendation to CST to concur in award. ii. There is no monitoring on projects without state or federal funds. b. Design-bid-build and concessionaire–The District must attend the public bid opening and monitor the process for compliance with the regulations. c. Design-build–The District is not required to monitor receipt and evaluation of _. responses to Requests for Proposals,but must assure that the LG submits a tabulation of proposed prices If the project is performed by a Regional Mobility Authority, forward the tabulation to TTA. Distribution of Bid Documents General The advertisement and approved plans and specifications must be available to bidders a minimum of three weeks prior to opening of bids in accordance with 23 CFR 635.112. Shorter periods may be approved by TxDOT's in special cases when justified. Federal Regulation a. 23 CFR 635.112–Design-bid-build i. Bid documents must be available to bidders a minimum of 3 weeks before bid opening. ii. Shorter periods maybe approved in special cases where justified. b. 23 CFR 635.112–Design-build i. FHWA's approval of the Request for Proposals constitutes approval to release the document. ii. The administering entity may determine the appropriate distribution schedule. State Regulation a. Local Government Code 262.025 (counties)–The advertisement must include a statement where specifications may be obtained. b. Local Government Code 271.025 (municipalities,counties, and other local governments)–The advertisement must state the location where bid documents may be examined. c. Local Government Code 271.184–Design-build projects must be advertised including time and place of bid opening according to any manner prescribed by law. d. Texas Administrative Code,Title 43, §9.13–TxDOT must give bid documents to bidders meeting prequalification requirements on request of the bidder. e. Government Code 2155.083 (state agencies)–Part of the notice in the Electronic State Business Daily must include all information necessary for a bidder to make a successful bid. f. Transportation Code 366.185–Regional Tollway Authorities must adopt rules governing competitive bidding. Local Government Project Procedures 11-111 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components g. Transportation Code 370.184–Regional Mobility Authorities must adopt rules governing procurement of projects. Required Practices a. Distribution of bid documents will be to all prequalified bidders in accordance with the advertisement or request for proposals. LG Responsibilities a. Assure approved bid documents are available at least 3 weeks before bid opening. " b. For design-build, follow approved Request for Proposals. c. For concessions, follow provisions of agreement with TxDOT. TxDOT District Responsibilities a. For projects with state or federal funds, conduct spot checks to ensure required procedures are followed. b. There is no monitoring on projects without state or federal funds. C. CONTRACT EXECUTION Workers Compensation Insurance - General Government Code §406.906 requires that contractors and subcontractors performing on a building or construction contract with a governmental entity must provide written certification that workers' compensation insurance coverage is provided for each individual employed on the public project. Federal Regulation a. No provision _. State Regulation a. Labor Code 406.096 -A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers'compensation insurance coverage for each employee of the contractor employed on the public project. Required Practices a. For all projects,LG must require the contractor to provide written certification the workers' compensation insurance coverage. Local Government Project Procedures 11-112 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components LG Responsibilities a. Prior to contract execution,the LG must require the contractor to provide written certification that workers' compensation insurance coverage is provided to each contractor and subcontractor employee working on the project. TxDOT District Responsibilities a. For all projects in which TxDOT must concur in award, ensure that the required certification is received before recommending concurrence in the award. b. There is no monitoring during construction as this is the LG's responsibility. See the following project requirements from Bid Document Preparation section: ♦ Bonding ♦ Child Support Documentation ♦ Disadvantaged Business Enterprises(DBE),Historically Underutilized Businesses (HUB), and Small Business Enterprises(SBE) ♦ Railroad Insurance D. CONTRACT ADMINISTRATION Americans with Disabilities Act General The Americans with Disabilities Act(ADA) is codified at United States Code (USC)Title 42 Chapter 126 and requires equal opportunity for individuals with disabilities. Title II of the ADA governs public facilities including roads and sidewalks. Such opportunity - prohibits discrimination against individuals with disabilities in government services,public accommodations,transportation and telecommunications.Further, "reasonable accommodation" must be provided to qualified individuals with disabilities. Federal regulation located at 49 CFR 37.41 provides that the construction of any new transportation facility shall afford ready accessibility and utilization by individuals with disabilities.49 CFR 32.43 also requires that when altering any existing transportation facility,the LG must ensure that the alterations are made in such a way as to afford maximum opportunity to provide ready access and utilization by individuals with disabilities. 49 CFR 37.3 defines a facility as: "...all or any portion of buildings, structures, sites,complexes,equipment,roads, walks, passageways,parking lots,or other real or personal property, including the site where the building,property, structure, or equipment is located". Technical assistance concerning Title II's requirements may be obtained from the U. S. Department of Justice and the U. S.Access Board. Local Government Project Procedures 11-113 TxDOT 0212009 Section 3—Local Government(L G) Contract Module 11 —Construction Components Federal Regulation a. 28 CFR 35–Prohibits discrimination on the basis of disability by public entities. It extends the prohibition of discrimination in federally assisted programs established by section 504 of the Rehabilitation Act of 1973 to all activities of State and local Governments, including those that do not receive Federal financial assistance. b. 49 CFR 37–Prohibits discrimination against an individual with a disability in connection with the provision of transportation services. It also provides requirements placed on the Construction or Alteration of transportation facilities by public entities. Applies to federally funded projects. State Regulation a. Occupations Code, Chapter 51 –Establishes the Texas Department of Licensing and Regulation(TDLR). b. Government Code 469–Ensures that public buildings and facilities are accessible to and functional for persons with disabilities. i. Section 469.101 –Requires plan and specification approval by TDLR for buildings and facilities covered by the statute when the estimated construction cost is in excess of$50,000. ii. Section 469.105–Requires inspection of buildings and facilities covered by the statute by TDLR or Registered Accessibility Specialist. Required Practices a. All projects on public right-of-way with in excess of$50,000 in pedestrian elements,the LG must submit plans to TDLR for review and approval. b. All projects on public right-of-way must comply with the provisions of the cited statutes. c. The LG is responsible for coordination of TDLR inspection and for paying all fees assessed by TDLR. LG Responsibilities a. Ensure all transportation facilities with in excess of$50,000 in pedestrian elements are in compliance. b. Submit plans to TDLR c. Request final inspection from TDLR TxDOT District Responsibilities a. For projects with state or federal funds and all projects on the state highway , system,the LG will submit a certification sealed by an engineer licensed in Texas that construction standards have been met(see Inspection). The District will conduct a final inspection before issuing final payment to the LG(see Progress Payment). The District should make the LG aware of any ADA concerns noted during periodic inspections during construction. Local Government Project Procedures I1-114 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. The District must verify that TDLR has conducted their final inspection and have the LG's certification before recommending TxDOT final acceptance of the project and final payment to the LG(if state or federal funds are used). c. There is no monitoring on projects without state or federal funds off the state system. Contractor Purchase of Equipment for LG General Equipment, as defined in 49 CFR 18.3,means"tangible, nonexpendable,personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit."All other tangible personal property is considered to be "supply". When an LG must purchase equipment to adequately meet the construction engineering requirements of a Federal-aid project,how the equipment is purchased(e.g.by the LG directly or by a construction contractor with ownership transferred to the LG) is irrelevant to Federal-aid participation.A LG has two options for requesting Federal-aid participation for eligible program costs.Most costs incurred by LGs are eligible for Federal-aid reimbursement either as a direct cost or an indirect cost. Indirect cost rates must be approved by TxDOT prior to reimbursement.Please refer to FHWA memorandum dated SeQtember 24, 1998 for more information. LGs requesting federal participation in direct costs must amortize the equipment's cost over its useful life.Federal-aid funds will participate only in that portion of the amortized cost attributable to the time the equipment is used on a specific Federal-aid project(s). Federal Regulation a. 23 USC 302–States(and other governmental agencies)must be suitably equipped to discharge their duties. b. 23 CFR 140–States(and other governmental agencies)may be reimbursed for eligible construction engineering costs,railroad and audit work. State Regulation a. No comparable statute. Required Practices a. FHWA issued a policy memorandum on May 5, 1993 clarifying federal participation in equipment purchased by the contractor for the LG to discharge their construction engineering responsibilities. Federal participation is limited to the cost of the equipment amortized for the time it is used on the project. b. As a matter of policy,TxDOT will limit state fund participation in accordance with FHWA policy. c. On projects with no federal or state funds,the LG may follow their own practices. LG Responsibilities a. Submit amortization schedule to TxDOT for approval. Local Government Project Procedures 11-115 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components TxDOT District Responsibilities a. For projects with state or federal funds,review the LG's amortization schedule and concur if the schedule is reasonable. b. There is no monitoring on projects without state or federal funds. +' Convict(Inmate)Labor .. General There are limitations on using convict labor on a Federal-aid Highway project. FHWA's regulation states: "No construction work shall be performed by convict labor at the site or within the limits of any Federal-aid highway construction project from the time of award of the contract or the start of work on force account until final acceptance of the work by the State Transportation Agency (TxDOT)unless it is labor performed by convicts who are on parole, supervised release, or probation." This same principal applies to projects administered by an LG. .. The principle behind the prohibition of convict labor is that use of convict labor restricts competition since convict labor can be furnished at rates well below market labor costs or force account rates. The terms "parole, supervised release, or probation"refer to the status of a person who has completed the condition of imprisonment. "Supervised release"does not include inmates currently serving their imprisonment terms while performing supervised work either inside or outside the walls of the incarcerating facility. Thus it is not acceptable to have inmates who are currently serving the terms of their incarceration performing work on a project where convict labor is prohibited. Federal Regulation a. 23 CFR 635.117(a)–Prohibits the use of convict labor for projects on roadways functionally classified above a rural minor collector. ®" State Regulation ... a. Transportation Code 223.044–Allows TxDOT to contract with a criminal justice agency for the provision of inmate labor on a state highway improvement project. Required Practices a. The LG must gain TxDOT concurrence before allowing convict or inmate labor in the following conditions: i. Federal funds on a roadway functionally classified as rural minor collector or local road and on the state system. ii. State funds on the state system. b. The LG may use their own practices in the following conditions: i. Federal funds on a roadway functionally classified as Rural Minor Collector or Local Road and off the state system. Local Government Project Procedures 11-116 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components ii. State funds off the state system. iii. Projects with no federal or state funds. LG Responsibilities a. For projects on all functional classes above Rural Minor Collector, ensure that the contractor does not use convict labor. b. For all functional class of rural minor collector, local road, if state funds are used on-system, gain TxDOT concurrence for use of convict(inmate)labor if on state system. TxDOT District Responsibilities a. For federally funded projects on roadways functionally classified above a Rural Minor Collector,review the PS&E,Request for Proposal,or Concessionaire Agreement to assure there are provisions to prohibit convict labor. b. If the LG wants to require or allow convict labor in the following conditions, transmit the LG's request to CST for concurrence: i. Federal funds on a roadway functionally classified as Rural Minor Collector or Local Road and on the state system. ii. State funds on the state system. c. There is no monitoring on the following projects: i. Federal funds on a roadway functionally classified as Rural Minor Collector or Local Road and off the state system. ii. State funds off the state system. iii. Projects with no federal or state funds. Environmental Concerns General Environmental commitments are often made during the environmental process. These commitments must be carried forward to the construction plans.For more information,please refer to the Environmental Module of the LGPP Manual. Federal Regulation a. 23 CFR 635.3090)–The authorizing entity must make a determination that appropriate measures have been included in the bid documents to ensure that conditions and commitments made to mitigate environmental harm are implemented. b. 23 CFR 771.109(b)–Commitments made during the environmental process must be implemented. c. 23 CFR 636.109–For design-build projects,the Request for Proposals must address how environmental commitments and mitigation measures will be implemented. Local Government Project Procedures 11-117 TxDOT 0212009 Section 3—Local Government(LG) Contract .� Module 11—Construction Components State Regulation a. Texas Administrative Code,Title 43, §2.1 –TxDOT policy statement on the environment. b. Texas Administrative Code, Title 43, §2.1(e)–Transportation projects using state funds must comply with applicable state and federal environmental laws. c. Texas Administrative Code,Title 43, §26.35–For projects on the state highway system,the Regional Mobility Authority must agree to be responsible for implementing all environmental commitments. d. Texas Administrative Code,Title 43, §27.3–For projects on the state highway system,proposers under a comprehensive development agreement must comply with NEPA. e. Texas Administrative Code,Title 43, §27.44–For projects on the state highway system,Regional Tollway Authorities must comply with Texas Administrative •� Code, Title 43,Chapter 2,Subchapter C. Required Practices .� a. All projects will comply with TxDOT policy to protect,preserve and,when practicable, enhance the environment. LG Responsibilities a. Include environmental commitments in bid documents. b. Evaluate environmental commitments before approving changes to contract. c. For design-build include environmental commitments in RFP. d. For concession projects follow as outlined in agreement with TxDOT. TxDOT District Responsibilities a. All projects must have environmental clearance from TxDOT before starting construction. For projects requiring TxDOT approval of bid documents or requests for proposals, ensure that all environmental commitments are included. i. Design-bid-build–Environmental clearance is prior to letting. ii. Design-build–Environmental clearance before construction. Requests for proposals may be issued before environmental clearance if specifically approved by FHWA. iii. Concessionaire–Refer to concessionaire agreement. b. For projects requiring TxDOT approval of change orders, check the environmental document to ensure that the changed work is part of the approved environmental document. c. Submit questions and non-compliance issues to ENV for final determination. False Statements General The following notice is contained in 23 CFR 635.119 and must be posted on each Federal-aid highway project in one or more places where it is readily available to and viewable by all personnel concerned with the project. Local Government Project Procedures 11-118 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Notice to All Personnel Engaged on Federal-Aid Highway Projects United States Code,Title 18, Section 1020,which reads as follows: 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 costs thereof in connection with the submission of plans, maps, specifications,contracts, or costs of construction of 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 a ,.. material fact in any statement, certificate,or report submitted pursuant to the provisions of the Federal-aid Road Act approved July 11,1916(39 Stat. 355),as amended and supplemented, Shall be fined not more than $10,000 or imprisoned not more than five years, or both. Federal Regulation a. 23 CFR 635.119–Requires that a False Statements notice be posted on all federally funded projects. Form FHWA-1022. State Regulation a. No comparable statutes Required Practices a. Posting the notice is not required on projects with no federal funds. LG Responsibilities a. Ensure Form FHWA-1022 is posted on job site. b. Report to TxDOT incidents involving False Statements. TxDOT District Responsibilities a. For projects with federal funds, spot check posting the False Statements poster during routine project inspections. b. There is no monitoring on projects without federal funds. Local Government Project Procedures 11-119 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Inspection General The LG and TxDOT have certain inspection responsibilities.All Federally funded projects must be completed in accordance with the approved plans, specifications and authorized changes. FHWA has the responsibility of assuring proper stewardship of Federal funds. Projects must meet minimum design standards before Federal funds can be authorized. This is one function of the PS&E approval process.Once authorized,the project - must be built to follow the PS&E.Any changes must be approved before Federal funds can participate. Some projects have direct FHWA involvement,meaning that FHWA is part of all approval actions. For the majority of Federal-aid projects,TxDOT assumes FHWA's approval authority. One approval action required on all projects is acceptance of the completed work. When accepted,TxDOT certifies that the completed project meets all approval criteria. Complete confidence that a project meets all approved criteria can be accomplished only by full-time involvement in all phases of the project.For TxDOT,this is neither practical nor desirable. By executing an agreement with TxDOT,the LG assures that it has the staff to manage all project functions.TxDOT verifies the LG's actions by conducting periodic inspections.However, it is the LG's day-to-day responsibility to determine compliance with the approved plans, specifications and contract administration requirements. Compliance with the plans, specifications and contract administration requirements have – many parts. One part is assuring that the contractor meets all material and construction requirements. This can be summarized as "quality of the construction". If the LG is not adequately staffed to assure quality construction, it can retain the services of an engineering or architectural firm. If this option is chosen,the firm's services must be secured in compliance with 23 CFR 172B. One often-overlooked principle is that contract administration issues are also important.For example,a specification implementing Davis-Bacon wages and the associated monitoring and reporting requirements has as much validity as a specification on concrete quality.To assure full contract compliance and Federal participation,the LG is responsible for day-to- day inspection. When the LG executes an agreement with TxDOT,the LG is providing assurance that they are staffed to manage the project and are capable of managing all requirements, including contract administration responsibilities. 23 CFR 1.36 states: "If the(Federal Highway)Administrator determines that a State(or LG) has violated or failed to comply with the Federal laws or the regulations in this part with respect to a project, he may withhold payment to the State(or LG)of Federal funds on account of such project,withhold approval of further projects in the State (or to the LG), and take such other action that he deems appropriate under the circumstances, until compliance or remedial action has been accomplished by the State(or LG)to the satisfaction of the Administrator." 23 CFR 635.105 states: Local Government Project Procedures 11-120 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components "The STD(TxDOT)has responsibility for the construction of all Federal-aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency. The STD(TxDOT) shall be responsible for insuring that such projects receive adequate supervision and inspection to insure that projects are completed in conformance with approved plans and specifications. When a project is located on a street or highway over which the SDT(TxDOT) does not have legal jurisdiction, or when special conditions warrant,the SDT (TxDOT),while not relieved of overall project responsibility, may arrange for the Local Government having jurisdiction over such street or highway to perform the work with its own forces or by contract provided the following conditions are met: ♦ When the work is to be performed under a contract awarded by a local public agency, all Federal requirements shall be met. ♦ The Local Government is adequately staffed and suitably equipped to undertake and satisfactorily complete the work;and ♦ In those instances where a Local Government elects to use consultants for construction engineering services,the Local Government shall provide a full-time employee of the agency to be in responsible charge of the project." Federal Regulation a. 23 USC 114–Requires that federally funded projects be constructed under the direct supervision of the state transportation agency(TxDOT). b. 23 USC 302–States must have a transportation department with adequate powers and be suitably equipped and organized to carry out the duties required by this title. c. 23 CFR 635.105–Supervising agency i. For projects under a local public agency's jurisdiction, TxDOT may allow the local public agency to directly manage projects if TxDOT has assurance that LG staffing and inspection is adequate. This means: 1. All Federal requirements shall be met. 2. The local public agency must be adequately staffed and suitably equipped to undertake and satisfactorily complete the work 3. When the local public agency elects to use consultants for construction engineering services(inspection),the local public agency must provide a full-time employee of the agency to be in responsible charge of the project. H. Procurement of consultant inspection staff must be procured using the provisions of 23 CFR 172. State Regulation a. Texas Administrative Code, Title 43, Chapter 9, Subchapter C i. Allows TxDOT to contract for construction engineering and inspection services. ii. Provides selection criteria that comply with state law and 23 CFR 172. b. Government Code 2254–Provides for procurement of professional services by all governmental entities. Local Government Project Procedures 11-121 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components c. Local Government Code 271.188–For design-build projects,the LG must provide or contract for inspection services that are independent from the design- build firm. d. Occupations Code 1001.003–Includes"review of the construction or installation of engineered works to monitor compliance with drawings or specifications"in the definition of"practice of engineering". e. Occupation Code 1001.407–Requires engineering construction of public works be performed under the supervision of an engineer. Applies to all political subdivisions in Texas. Required Practices a. For all federally and state funded projects,and all projects on the state highway system, the LG must: i. Ensure that projects will be constructed in conformance with the approved plans and specifications. ii. Name a full time employee in responsible charge of the project and advise TxDOT of any changes in personnel. iii. Make inspection staff accessible for periodic reviews and inspections by TxDOT. iv. Provide a certification sealed by an engineer licensed in Texas that specified material quality and construction standards were met. b. For projects off the state system and no federal or state funding, assure project is constructed under supervision of a professional engineer licensed in Texas. LG Responsibilities �. a. Name full time employee of agency to be in responsible charge b. Provide adequate project supervision and inspection. c. Assure supervision of inspection staff by licensed professional engineer. d. Procure consultant services per TAC,Title 43 if needed. TxDOT District Responsibilities a. General–All projects have an executed agreement between the LG and TxDOT. Part of the agreement is delineation of roles and responsibilities. One of the LG's roles is to name a"Responsible person in charge"of the project. The District is to also name a"Responsible person in charge"who should develop a relationship with the LG's"responsible person"with the goal of establishing trust and confidence that the project is properly prosecuted. b. For projects with state or federal funds and all projects on the state system, conduct periodic inspections during the life of the project. Monitor the level of r inspection and discuss inspection concerns with the LG in view of their responsibilities as outlined in the agreement with TxDOT. If there are unresolved concerns,request assistance from CST. c. For projects with state or federal funds,review and approve all proposed agreements between the LG and private inspection firms to ensure compliance with the provisions of Texas Administrative Code,Title 43. Submit questions and non-compliance issues through CST to DES for final determination. Local Government Project Procedures 11-122 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components ® d. There is no monitoring on projects without state or federal funds that are not on the state system. Progress Payments General. Progress payments are compensation to the prime contractor for the value of work performed during a covered period.Payments should be based on estimates,prepared by the engineer, of the value of the work performed and materials delivered or stockpiled in accordance with the contract.As a highway construction project progresses,the LG may request that FHWA reimburse the LG for the Federal share of the estimated costs for completed work. The progress payments are generally made monthly, but can be more frequently with TxDOT concurrence. All requests for Federal reimbursements of payments to the contractor by the LG must go through TxDOT. Stockpiled Materials: When the contract provisions provide for stockpiled materials,Federal -° participation is based on the appropriate value of approved specification materials delivered by the contractor to the project site, or other designated location in the vicinity of such construction,provided that: ♦ Stockpiled material is stored in such manner that security and the inventory can be maintained, ♦ The material is supported by a paid invoice or receipt for delivery,with the contractor furnishing the paid invoice within a reasonable time after receiving payment from the LG, ♦ The material conforms with the requirements of the plans and specifications, ♦ The materials have not been delivered or stockpiled prematurely in advance of the contractor's schedule of operations, and ♦ The quantity of the material eligible for participation does not exceed the quantity required by the project,nor does the value exceed the appropriate portion of the contract item in which the material is to be incorporated. Retention for Subcontract Work-The US DOT's DBE regulation at 49 CFR 26.29 requires recipients to include a "prompt pay clause" in all Federally-funded contracts as follows: ♦ Prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days(NOTE, Government Code §2251.022 requires a contractor to pay a subcontractor not later than 10 days after receiving payment for a governmental entity. This supersedes the 30 days.)from receipt of each payment by the prime 2; and ♦ Prompt return of retainage payments within 30 of days(NOTE, Government Code §2251.022 requires a contractor to pay a subcontractor not later than 10 days after receiving payment for a governmental entity. This supersedes the 30 days.)after the subcontractor's work is satisfactorily completed. 2 Texas Government Code§2251.022 requires a contractor to pay a subcontractor not later than 10 days after receiving payment for a governmental entity Local Government Project Procedures 11-123 RDOT 0212009 Section 3—Local Government(LG) Contract Module 1 i —Construction Components Final Payment:By statute(23 U.S.C. 121(b)),FHWA cannot make final payment for a project until TxDOT approves the completion of its construction. A final inspection of the project should determine whether the actual construction conforms to the approved plans and specifications, including all approved changes.TxDOT's final inspection may be an actual "! on-site inspection performed at or near project completion, an in-depth review of the LG's project records at or near project completion or a finding that is based on a process review of the LG's internal project controls which demonstrates that the LG is properly exercising its internal controls. Government Code Chapter 2251 Subchapter B stipulates that payment from the LG to the contractor is considered late on the 31 st. day after: ♦ The date the governmental entity receives the goods under the contract; ♦ The date the performance of the service under the contract is completed;or ♦ The date the governmental entity receives an invoice for the goods or services. Late payments to the contractor will be subject to the appropriate interest as determined by the comptroller in accordance with Government Code 2251.025. Federal Regulation a. 23 USC 121(a)–Authorizes periodic payment of construction costs incurred. Payment may include the value of stockpiled material not yet incorporated into the project. b. 23 USC 121(b)–Final payment may be made after project completion. c. 23 CFR 635.122–Further defines periodic progress payments and requirements for federal participation in stockpiled material. d. 23 CFR 635.122(c)–For design-build projects, procedures for making progress payments on lump sum contracts must be defined in the request for proposals. e. 49 CFR 26.29–The US Department of Transportation's DBE regulation requires that the prime contractor must pay subcontractors for satisfactory work performance within 30 days of receipt of payment from the contracting agency. �^ State Regulation a. Texas Administrative Code,Title 43, Chapter 26.33(g)(1)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects that connect with the state highway system. b. Texas Administrative Code,Title 43, Chapter 27.56(c)(3)–A Regional Tollway Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects with state fund participation. c. Government Code §2251.021 –Requires payment to a contractor within 30 days or interest will accrue. d. Government Code §2251.042 allows payment of interest involving a claim if the claim is resolved in favor of the contractor. e. Government Code §2251.022 requires a contractor to pay a subcontractor not later than 10 days after receiving payment from a governmental entity Local Government Project Procedures 11-124 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Required Practices a. For all projects with federal and state funds,the LG must request payment through TxDOT in sufficient time to assure payment to prime contractor complies with state and federal statutes. b. For projects with state or federal funds, a Regional Mobility Authority and a Regional Tollway Authority must adopt TxDOT specification articles 9.6 through 9.8 or develop comparable contract language for TxDOT approval regardless of system. c. For projects with no state or federal funds,the LG should pay the contractor in accordance with the terms of the contract. d. For all projects on the state system with no state or federal funds,the LG must notify TxDOT when all work is satisfactorily complete to give TxDOT the opportunity to conduct a final inspection. LG Responsibilities a. Adopt TxDOT specification articles 9.6 through 9.8 or submit alternate specification to TxDOT for approval. b. Pay contractor within 30 days. c. Request periodic payment of completed work through TxDOT to FHWA. d. Request TxDOT final inspection when all work is satisfactorily completed. e. Assure subcontractors receive payment from prime contractor within 10 days. f. For design-build, include procedures for making progress payments on lump sum contracts in the request for proposals, if applicable. g. For concessions,pay concessionaire in accordance with agreement. TxDOT District Responsibilities a. There is no monitoring on projects without state or federal funds or for projects where monthly estimates are not submitted to TxDOT for reimbursement(i.e. pass-through tolls). b. For projects with state or federal funds, submit LG requests for payment to CST for processing. i. Review approximately 10%of the LG's estimates per project to ensure work billed has been performed. Quality Assurance Program General. In conjunction with 23 CFR Part 637, Subchapter B, the LG must implement a quality assurance(QA)program to ensure that the materials and workmanship incorporated into each contract involving federal participation are in conformance with the requirements of the approved plans and specifications, including any approved changes.This QA Program (QAP)must include an acceptance program and an independent assurance(IA)program -- consisting of the following components: Acceptance Program ♦ Frequency guide schedules for verification sampling and testing; Local Government Project Procedures 11-125 TxDOT 02/2009 Section 3—Local Government(LG) Contract �. Module 11—Construction Components ♦ Identification of the verification sampling and testing locations; ♦ Identification of the desired finished product quality attributes; and ♦ Dispute resolution system,when quality control sampling and testing results are used as part of the acceptance decision. 1A Program ♦ Schedule of frequency for IA evaluation; ♦ Sampling procedures; ♦ Testing procedures; and ♦ Testing equipment. The LG may develop its own QA Program,or adopt the appropriate TxDOT QA Program pertinent to the type of project delivery method used: ♦ Quality Assurance Program for Design-Bid-Build Projects ♦ Quality Assurance Program for Design-Build Projects A statewide TxDOT QAP for Concession projects currently does not exist;therefore,the LG must submit a project-specific QAP through TxDOT to FHWA for approval. Any program developed by the LG must receive approval from TxDOT prior to use. Federal Regulation a. 23 CFR 637B–For projects on the National Highway System,the contracting agency must have a Quality Assurance Program approved by the Federal Highway Administration. The program must provide for an acceptance program and an independent assurance program and is intended to assure the quality of materials used in construction. b. 23 CFR 637B,Appendix A–Provides a certification that materials incorporated into a project on the National Highway System are in conformity with the approved plans and specifications. c. 23 CFR 637.207(a)(1)(iv)–For design-build projects,warranties may be used where appropriate. d. 23 CFR 637.207(b)–For design-build and concession projects,requirements for a Quality Assurance Program still apply. The Program shall meet FHWA Technical Advisory 6120.3 in addition to 23 CFR 637.207(b). For concession projects, as required in Book 2 of the Comprehensive Development Agreement documents under Section 2,"Project Management–PMP Chapter 2B– w Construction Quality Management",the Developer shall submit a comprehensive Quality Management Plan to TxDOT for approval. The Quality Management Plan shall be consistent with ISO 9001,2000 version, or more current versions as –» updated by the International Standards Organization.The Developer may elect to obtain formal ISO 9001 certification,but will not be required to do so.There is Local Government Project Procedures I1-126 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components some added flexibility to use the design-builder's quality control testing,but there must be independent verification of those results. State Regulation a. Local Government Code 271.116–A municipality or county governmental entity shall provide or contract for, independently of the contractor,the inspection services,the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. b. Local Government Code 271.188–For design-build projects,the LG must provide or contract for material engineering,testing and verification testing that is independent from the design-build firm. c. Texas Administrative Code,Title 43, Chapter 26.33(g)(1)–A Regional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects that connect with the state highway system. d. Texas Administrative Code,Title 43, Chapter 27.56(c)(3)–A Ptegional Mobility Authority must use specifications that conform to the latest TxDOT Standard Specifications on projects with state fund participation. Required Practices a. For all projects with state or federal funds and all projects on the state highway system,the LG must either adopt the TxDOT Quality Assurance program or submit an equivalent program to TxDOT for approval. The program must provide reasonable assurance that the materials incorporated into the project substantially meet specification requirements. b. For all projects with state or federal funds and all projects on the state highway system,the LG must submit a letter of certification sealed by a licensed engineer that all materials incorporated into the project are in conformity with the approved plans and specifications. c. For projects off the state highway system and funded by local or private funds,the LG may use their own Quality Assurance program. LG Responsibilities a. Adopt the appropriate TxDOT Quality Assurance Program for the project delivery method used or submit a program through TxDOT to FHWA that meets the requirements of 23 CFR 637B. b. For design-bid-build,design-build, and concession projects where the developer (contractor) is responsible for QA tests,the LG is to employ an independent lab to verify the developer's(contractor's)QA tests in accordance with FHWA Technical Advisory 6120.3.TxDOT has an electronic data and materials management system that supports meeting the requirements of Technical Advisory 6120.3 and may be licensed from TxDOT. c. Assure compliance with approved program.. d. Submit letter of certification sealed by a licensed engineer that all materials incorporated into the project are in conformity with the approved plans and specifications to TxDOT when construction is complete. Local Government Project Procedures 11-127 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components e. For concession projects, see Required Practices"a"if there is a long-term maintenance component. TxDOT District Responsibilities a. For design-bid-build projects with state or federal funds and projects on the state system regardless of funding source: T i. Submit the LG's Quality Assurance Program to CST-M&P for approval. This step is not required for concessionaire projects with a long-term maintenance component unless it is required in the concessionaire ,. agreement. The LG's Quality Assurance Program shall include requirements addressing item b. under LG Responsibilities above. ii. Spot check compliance with the approved program during periodic inspections. iii. Receive LG's letter certifying materials conformity and retain with official project records. Do not recommend final acceptance and payment until _ the certification is received. b. For design-build projects where the design-builder is responsible for QA tests,the District is to employ an independent lab to verify the design-builder's QA tests in accordance with FHWA Technical Advisory 6120.3. c. There is no monitoring on projects without state or federal funds off the state system. Records General Project records support payment of contract work.Project records fall into many categories, such as documentation of pay quantities,test reports supporting that the materials used meet specification requirements and a variety of contract administration documentation.For example,23 CFR 635.123 states, "The STD(LG) shall have procedures in effect which will provide adequate assurance that the quantities of completed work are determined accurately and on a uniform basis...All such determinations and all related source documents upon which payment is based shall be made a matter of record. Initial source documents pertaining to the determination of pay quantities are among those records and documents which must be retained pursuant to 49 CFR part 18. " The non-regulatory supplement to 23 CFR 637 Subpart B defines verification/check samples and tests as those samples and tests performed by State (LG)personnel to verify the results of certified tests or the manufacturers'certifications or specification compliance for manufactured materials.There must be documentation to demonstrate specification compliance. FHWA does not specify the content and format of job records.However,FHWA approves TxDOT manuals and procedures used on Federal-aid projects.The LG has the option of adopting TxDOT's job record process or submitting its own for TxDOT concurrence. The goal is to give TxDOT a level of comfort when they certify to FHWA that a project has been Local Government Project Procedures 11-128 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components completed in substantial conformity with the approved plans and specifications, including authorized changes. Additional guidance may be obtained from TxDOT's Contract Administration Handbook for Construction Projects. Federal Regulation a. 23 CFR 635.123–Requires that procedures be in place to provide adequate assurance that quantities of completed work are accurately and uniformly determined. Such determinations and source documents are a matter of record. b. 49 CFR 18.42–Project records must be kept for 3 years after the date of acceptance of the project by TxDOT and must be made available for review by federal and state officials. State Regulation a. Various Required Practices a. For projects with state or federal funds and projects on the state highway system regardless of funding source,the LG must use TxDOT's Records Retention Manual(available from TxDOT)or submit an alternate procedure for TxDOT approval. This approval must be received before work on the project begins. b. For projects with no state or federal funds that are not on the state highway system,the LG may follow their own practices. LG Responsibilities a. Adopt TxDOT Records Retention Manual or submit record management system to TxDOT for approval. b. Retain records for 3 years after final project acceptance by TxDOT. TxDOT District Responsibilities a. For projects with state or federal funds and all projects on the state system regardless of funding source: i. If the LG does not adopt TxDOT's Records Retention Manual, submit LG's proposed records retention system to CST for approval. ii. Spot check project records for compliance with the approved system during periodic inspections. b. There is no monitoring on projects without state or federal funds off the state system. Salvage Credits General Salvaged materials associated with a contract must be disposed of in accordance with the state statute requirements located at Government Code Chapter 2175, Surplus and Local Government Project Procedures 11-129 TxDOT 02/2009 Section 3—Local Government(LG) Contract _. Module 11—Construction Components Salvage Property.The Texas Facilities Commission rules related to these statutory requirements are located at 1 TAC Chapter 126.The disposition of property must be made through competitive bidding or auction to the highest bidder. Federal Regulation a. 49 CFR 18.36-Non-state agency grantees will use their own procurement - procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in 49 CFR 18. _. b. FHWA Policy Memorandum dated October 3, 1988-Requires a credit for material salvaged from the project unless the state agency has a procedure in place that does not require salvage credit. The process to determine salvage credit is described. State Regulation a. Texas Administrative Code,Title 1, Chapter 126-Describes a process for disposal of surplus property owned by a state agency. b. Government Code 2151 -Describes procedures used by the Texas Building and Procurement Commission for sale of excess state property. Required Practices a. For projects on the state system with state and federal funds,the LG must follow the procedures described in 1 TAC Chapter 126. b. For all projects,the contract documents must be clear on ownership of material found on the project. For contract work,the contractor's bid price will reflect the cost of disposal or ownership. LG Responsibilities a. Follow provisions of 1 TAC, Chapter 126 through contact with Texas Facilities �. Commission TxDOT District Responsibilities a. For projects on the state system with state or federal funds, review plans and change orders for disposal of surplus property for compliance with the Texas Administrative Code. b. There is no monitoring on projects without state or federal funds unless specified in the agreement with TxDOT. Specification Compliance General Once authorized,the project must be built to follow the PS&E.Any changes must be approved before Federal funds can participate. Local Government Project Procedures 11-130 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components Compliance with the plans, specifications and contract administration requirements have many parts.One part is assuring that the contractor meets all material and construction requirements.This can be summarized as "quality of the construction". One often-overlooked principle is that contract administration issues are also important.For example, a specification implementing Davis-Bacon wages and the associated monitoring and reporting requirements has as much validity as a specification on concrete quality. 23 CFR 1.36 states: "If the(Federal Highway)Administrator determines that a State(or LG)has violated or failed to comply with the Federal laws or the regulations in this part with respect to a project,he may withhold payment to the State(or LG)of Federal funds on account of such project,withhold approval of further projects in the State (or to the LG), and take such other action that he deems appropriate under the circumstances,until compliance or remedial action has been accomplished by the State(or LG)to the satisfaction of the Administrator." Federal Regulation a. 23 CFR 635.105–TxDOT has responsibility for the construction of all federally funded projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency. Compliance with specifications is part of that responsibility. State Regulation a. No comparable statute Required Practices a. On projects where TxDOT participates with state or federal funds or projects on the state system,the LG must: i. Secure written TxDOT approval of any changes to the specifications before being incorporated into the project, ii. Afford TxDOT reasonable access to the project for inspection, iii. Provide a written certification that the completed project substantially complies with the plans and specifications as approved by TxDOT. The certification must be signed by a representative of the LG with the authority to sign the certification. The certification must also be notarized. b. For projects with no state or federal funds off the state system,the LG may determine specification compliance in accordance with their own procedures. c. The agreement between the LG and TxDOT will establish that projects meet specifications and will discuss compliance with specifications. LG Responsibilities a. Follow provisions of agreement with TxDOT. b. Gain TxDOT approval of specification changes. Local Government Project Procedures 11-131 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11 —Construction Components c. Accommodate TxDOT inspection. d. Provide notarized certification of compliance to TxDOT. TxDOT District Responsibilities a. For projects with state or federal funds or on the state system: i. Conduct periodic inspections during construction. ii. Review and approve all change orders. (See Change Order module). iii. Retain LG's written certification of compliance with the plans and specifications as part of the official project records. b. There is no monitoring on projects without state or federal funds off the state system. Statements and Payrolls General. Under the Copeland Act,workers are protected from paying "kickbacks"to employers for the "privilege" of being employed. Form FHWA-1273 includes the following sections related to payrolls: - ♦ Section V.1.The Department of Labor regulations that implement the Copeland Act are incorporated by reference in the Form FHWA-1273. ♦ Section V.2.The regulations require that the contractor, and subcontractors, furnish weekly certified payroll statements to the LG.The weekly payroll statement is to include information on employees and wages so that compliance with the Davis-Bacon requirement of Section IV may be verified. The LG must review the payroll statements for completeness and certification, and then "spot-check" items, such as: classification,hourly rate, authorized deduction, fringe benefits, overtime hours and rate, and net wages paid.The LG must also conduct employee interviews that are cross-referenced to classifications and hourly rates in the payroll. While minor discrepancies may be resolved with the contractor,the LG should refer any apparent - violations to the Office of Inspector General. The USDOL's Davis-Bacon and Related Acts requirement for payment of prevailing wages may be found in 29 CFR Part 5.Enforcement provisions are addressed in Section 5.6. It states in part the following: "The Federal agency shall cause such investigations to be made as may be necessary to assure compliance with the labor standards clauses required by 5.5...". Also: "Investigations shall be made...with such frequency as may be necessary to assure compliance." It further states: "Such investigations shall include interviews - with employees...examination of payroll data..." The FHWA's implementation of the USDOL requirement is found in Title 23, U.S.C. . Section 113. Section 113 states in part: "(a)The Secretary [USDOT] shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors and subcontractors on the Local Government Project Procedures I1-132 TxDOT 02/2009 Section 3—Local Government(LG) Contract Module 11—Construction Components construction work performed on highway projects on the Federal-aid highways...be paid wages at rates not less than those...as determined by the Secretary of Labor..." w For purposes of this guide,the LG is considered the "contracting agency".The LG is required to ensure: ♦ A representative sampling of employees is interviewed to verify contractor compliance, and ♦ Contractor and subcontractor payroll records are reviewed on a sampling basis. The regulation does not require 100%coverage; it requires coverage frequency "...as may be necessary to assure compliance".TxDOT and the LG must agree on what coverage is appropriate.All contractors and subcontractors on the project must be included in the spot- check.Contractors or subcontractors with violations must be reviewed in more detail. Federal Regulation a. 23 USC 113–Requires the Secretary of Transportation to take all steps necessary to assure laborers and mechanics working on federally funded projects are paid no less than the prevailing wage for similar work. b. 40 USC § 3141 et seq–Requires the Secretary of Labor to implement regulations including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. c. 29 CFR 3.1 –Requires contractors and subcontractors to submit weekly statements of wages paid on work covered by Davis-Bacon. d. 29 CFR 5.6(a)(3)–Requires recipients of federal funds to conduct investigations at a frequency necessary to assure compliance. The investigations must include employee interviews and examination of payroll data. e. 23 CFR 635.118 -For all projects,copies of payrolls and statements of wages paid, filed with the State as set forth in the required contract provisions for the project, are to be retained by the STD for the time period pursuant to 49 CFR part 18 (3 years)for review as needed by the Federal Highway Administration,the Department of Labor,the General Accounting Office,or other agencies. f. 23 CFR 636.119(c)–Design-build projects must conform to all non-procurement requirements, including Davis-Bacon. g. Form FHWA 1273 i. Section V.I. incorporates the Department of Labor regulations in the Copeland Act(anti-kickback provisions) ii. Section V.2.requires weekly, certified payroll submissions by the contractor and subcontractors. State Regulation a. Government Code 2258.024–Describes records to be kept by contractor and subcontractor concerning minimum wages paid. The records must be made available to inspection by the contracting entity. Local Government Project Procedures 11-133 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components b. Government Code 2258.026–Allows a contractor to accept a certification from a subcontractor in lieu of actual records. c. Government Code 2258.051 –Requires the public entity investigate complaints and withhold payment for violations. " Required Practices - a. For all projects with state or federal funds,the LG must adopt TxDOT's procedures for monitoring wage rate compliance or submit an alternate program for TxDOT approval. b. For projects with no state or federal funds,the LG does not have to submit their monitoring procedures for TxDOT approval. LG Responsibilities a. Include FHWA-1273 in contract. b. Adopt TxDOT monitoring program or submit alternate program for TxDOT approval. c. Monitor compliance according to approved program. TxDOT District Responsibilities a. For projects with federal funds: i. Transmit LG's proposed program to monitor wage rate compliance to CST for approval. ii. Review at least one payroll per project to ensure compliance. iii. Submit questions and non-compliance issues to CST for final determination. b. There is no monitoring on projects without federal state funds. Supervision and Staffing General An LG must be suitably equipped and staffed before they can be given authority to manage Federal-aid Highway projects within their jurisdiction.23 CFR 635.105 requires that TxDOT be suitably equipped and organized to carry out the Federal-aid program. 4 Therefore, TxDOT is responsible for design, contract administration and construction inspection of all Federal-aid construction projects.This responsibility is formalized by the project agreement that is executed for each Federal-aid project.FHWA and TxDOT are the two parties to the agreement. When a Federal-aid project is to be constructed on a facility that is not under TxDOT's jurisdiction,TxDOT may allow the Local Government having jurisdiction to perform the work with its own forces,or by contract,provided that all of the following conditions are met: ♦ All Federal requirements, including those prescribed in 23 CFR 635 Subpart A, are satisfied on work performed under a contract awarded by a local public agency, ♦ Force account work shall be in full compliance with 23 CFR 635 Subpart B, Local Government Project Procedures 11-134 TxDOT 0212009 Section 3—Local Government(LG) Contract Module 11—Construction Components ♦ The Local Government is adequately staffed and suitably equipped to undertake and satisfactorily complete the work,and ♦ The Local Government shall provide a full-time employee of the agency to be in responsible charge of each Federal-aid project, including those that employ consultants for construction engineering services. This arrangement does not relieve TxDOT of overall responsibility for the project. While 23 CFR 1.11(b)allows TxDOT to: "utilize, under its supervision,the services of well-qualified and suitably equipped engineering organizations of other governmental instrumentalities for making surveys, preparing plans, specifications and estimates, and for supervising the construction of any project," 23 CFR 1.11(e)clearly states that TxDOT is not relieved of its responsibilities under Federal law and the regulations in 23 CFR if it chooses to use the services of other governmental engineering organizations. Supervision of construction engineering consultants or construction management firms.The LG's responsibilities for contract administration and construction inspection are not terminated should a consultant provide construction engineering and inspection services. While a consultant may provide daily inspection,the LG must assign a full-time employee to be in responsible charge of the project at all times,although the engineer need not be assigned solely to that project. "Responsible charge "means the LG engineer is: ♦ Aware of the day-to-day operations on the project; ♦ Aware of and involved in decisions about changed conditions which require change orders or supplemental agreements; ♦ Aware of the qualifications, assignments, on-the-job performance, etc., of the consultant staff at all stages of the project; and ♦ Visiting the project on a frequency that is commensurate with the magnitude and complexity of the project. If the LG uses the services of a consulting engineering or construction management firm,the services must have been procured in compliance with 23 CFR Part 172. Federal Regulation a. 23 CFR 635.105 -For projects under a local public agency's jurisdiction,TxDOT may allow the local public agency to directly manage projects if TxDOT has assurance that LG staffing is adequate State Regulation a. Occupation Code 1001.407–Requires engineering construction of public works be performed under the supervision of an engineer. Applies to all political subdivisions in Texas. Local Government Project Procedures 11-135 TxDOT 0212009 Section 3—Local Government (LG) Contract Module 11—Construction Components b. Transportation Code 201.113-Allows TxDOT to enter into an agreement with a Regional Tollway Authority for projects on the state highway system. c. Transportation Code 223.201 -Allows TxDOT to enter into a comprehensive development agreement with a private entity. d. Transportation Code 370.302(a)-TxDOT may enter into an agreement with a Regional Mobility Authority to implement, operate, and maintain a project on behalf of TxDOT. e. Transportation Code 370.302(b)(1)-A Regional Mobility Authority may negotiate with private entities through a Comprehensive Development Agreement. The negotiations may include financing. -» Required Practices a. The agreement or contract will include assignment of duties and responsibilities. This will include designation of a"LG responsible person in charge". Prior to executing the agreement,the LG must assure TxDOT that the projects will be staffed to TxDOT's satisfaction. Changes to that assurance must be approved by " TxDOT prior to implementation. LG Responsibilities a. Assure TxDOT that the project will be staffed to TxDOT's satisfaction b. Advise TxDOT of any changes in staffing c. Assure construction is under supervision of PE registered in Texas d. Comply with terms of agreement with TxDOT TxDOT District Responsibilities a. Become familiar with terms of the LG's agreement with TxDOT in the area of "Responsible person in charge"and staffing commitments. b. Conduct periodic inspections of the project to ensure LG complies with terms of the agreement. c. Submit questions and non-compliance issues to CST for final determination. See the following from Bid Document Preparation section: ♦ Change Orders ♦ Claims ♦ Differing Site Conditions ♦ Disadvantaged Business Enterprises(DBE),Historically Underutilized Businesses (HUB), and Small Business Enterprises(SBE) ♦ Equal Employment Opportunity ♦ Equipment Rental Rates ♦ Liquidated Damages ♦ Local Hiring Preference Local Government Project Procedures 11-136 TxDOT 0212009 Section 3—Local Government (LG) Contract Module 11—Construction Components ♦ Non-segregated Facilities ♦ Prevailing Minimum Wage ♦ Retainage ♦ Subcontracting ♦ Termination of Contract Local Government Project Procedures 11-137 TxDOT 02/2009