0540-03-039.pdf

PDF 3 MB Posted

Attached to
Widen Road - Add Shoulders, FM 974
Solicitation number
0540-03-039
Issued by
Brazos County, Texas

About this file

This is a proposal and bid document for a Texas Department of Transportation (TxDOT) highway construction project in Brazos County. The project, identified as Control 0540-03-039 and Project SSW 540-3-39, involves widening FM 974 and adding shoulders along a segment from 3 miles south of FM 2776 to FM 2776 in Brazos County, Texas. The work is classified as a road widening and shoulder addition project requiring completion in 217 working days. The proposal includes 77 bid items spanning site preparation, excavation, embankment, base course placement, asphalt seal coating, drainage structures, safety features, traffic control, and pavement markings. A proposal guaranty of $86,000.00 is required from bidders in the form of a cashier's check, teller's check, or bank money order made payable to the Texas Transportation Commission. The document includes addendum acknowledgment requirements, with failure to acknowledge all issued addenda resulting in bid rejection.

The contract is not a federal aid project and is subject to prevailing wage requirements under Texas Government Code Chapter 2258. Bidders must submit audited financial statements and experience questionnaires at least ten days prior to the letting date and comply with wage rate classifications applicable to Wage Rate Zone TX291 for Brazos County, with rates effective January 2, 2026. The document contains extensive special provisions addressing nondiscrimination, E-Verify employment eligibility verification, child support compliance, conflict of interest certifications, and prohibitions on certain foreign telecommunications equipment. Liquidated damages are assessed at $1,527 per working day for contracts in the estimated range, plus applicable road user costs. The project requires compliance with environmental controls, traffic management plans limiting non-surfaced roadway to two miles maximum, and coordination with state mowers during the growing season.

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Control 0540-03-039 Project SSW 540-3-39 Highway FM 974 County BRAZOS

ADDENDUM ACKNOWLEDGMENT

Each bidder is required to acknowledge receipt of an addendum issued for a specific project. This page is provided for the purpose of acknowledging an addendum.

FAILURE TO ACKNOWLEDGE RECEIPT OF AN ADDENDUM WILL RESULT IN THE BID NOT

BEING READ.

In order to properly acknowledge an addendum, place a mark in the box next to the respective addendum.

ADDENDUM NO. 1

ADDENDUM NO. 2

ADDENDUM NO. 3

ADDENDUM NO. 4

ADDENDUM NO. 5

In addition, the bidder by affixing their signature to the signature page of the proposal is acknowledging that they have taken the addendum(s) into consideration when preparing their bid and that the information contained in the addendum will be included in the contract, if awarded by the Commission or other designees.

1-1

This page intentionally left blank.

Highway FM 974 County BRAZOS

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of Widen Road - Add Shoulders

BRAZOS COUNTY, TEXAS

The quantities in the proposal are approximate. The quantities of work and materials may be increased or decreased as considered necessary to complete the work as planned and contemplated.

This project is to be completed in 217 working days and will be accepted when fully completed and finished to the satisfaction of the Executive Director or designee.

Provide a proposal guaranty in the form of a Cashier’s Check, Teller’s Check (including an Official Check) or Bank Money Order on a State or National Bank or Savings and Loan Association, or State or Federally chartered Credit Union made payable to the Texas Transportation Commission in the following amount:

EIGHTY SIX THOUSAND AND 00/100 (Dollars) ( $86,000.00)

A bid bond may be used as the required proposal guaranty. The bond form may be detached from the proposal for completion. The proposal may not be disassembled to remove the bond form. The bond must be in accordance with Item 2 of the specifications.

Any addenda issued amending this proposal and/or the plans that have been acknowledged by the bidder, become part of this proposal.

By signing the proposal the bidder certifies:

1. the only persons or parties interested in this proposal are those named and the bidder has not directly or indirectly participated in collusion, entered into an agreement or otherwise taken any action in restraint of free competitive bidding in connection with the above captioned project.

2. in the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract.

3. the signatory represents and warrants that they are an authorized signatory for the organization for which the bid is submitted and they have full and complete authority to submit this bid on behalf of their firm.

4. that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record.

• Signed: **

(1) (2) (3) Print Name:

(1) (2) (3) Title:

(1) (2) (3) Company:

(1) (2) (3)

• Signatures to comply with Item 2 of the specifications.

**Note: Complete (1) for single venture, through (2) for joint venture and through (3) for triple venture.

* When the working days field contains an asterisk (*) refer to the Special Provisions and General Notes.

NOTICE TO CONTRACTORS

ANY CONTRACTORS INTENDING TO BID ON ANY WORK TO BE AWARDED

BY THIS DEPARTMENT MUST SUBMIT A SATISFACTORY “AUDITED FINANCIAL

STATEMENT” AND “EXPERIENCE QUESTIONNAIRE” AT LEAST TEN DAYS

PRIOR TO THE LETTING DATE.

UNIT PRICES MUST BE SUBMITTED IN ACCORDANCE WITH ITEM 2 OF

THE STANDARD SPECIFICATIONS OR SPECIAL PROVISION TO ITEM 2 FOR

EACH ITEM LISTED IN THIS PROPOSAL.

TEXAS DEPARTMENT OF TRANSPORTATION

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That we, (Contractor Name)

Hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the Texas Department of Transportation, hereinafter called the Obligee, in the sum of not less than two percent (2%) of the department’s engineer’s estimate, rounded to the nearest one thousand dollars, not to exceed one hundred thousand dollars ($100,000) as a proposal guaranty (amount displayed on the cover of the proposal), the payment of which sum will and truly be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the principal has submitted a bid for the following project identified as:

Control 0540-03-039

Project SSW 540-3-39

Highway FM 974

County BRAZOS

NOW, THEREFORE, if the Obligee shall award the Contract to the Principal and the Principal shall enter into the Contract in writing with the Obligee in accordance with the terms of such bid, then this bond shall be null and void. If in the event of failure of the Principal to execute such Contract in accordance with the terms of such bid, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not as a penalty but as liquidated damages.

Signed this Day of 20

By:

(Contractor/Principal Name)

(Signature and Title of Authorized Signatory for Contractor/Principal)

*By:

(Surety Name)

(Signature of Attorney-in-Fact) Impressed

*Attach Power of attorney (Surety) for Attorney-in-Fact Surety Seal Only

This form may be removed from the proposal

BIDDER’S CHECK RETURN

IMPORTANT

The space provided for the return address must be completed to facilitate the return of your bidder’s check. Care must be taken to provide a legible, accurate, and complete return address, including zip code. A copy of this sheet should be used for each different return address.

NOTE

Successful bidders will receive their guaranty checks with the executed contract.

RETURN BIDDERS CHECK TO (PLEASE PRINT):

Control 0540-03-039 Project SSW 540-3-39 Highway FM 974 County BRAZOS

IMPORTANT

PLEASE RETURN THIS SHEET IN ITS ENTIRETY

Please acknowledge receipt of this check(s) at your earliest convenience by signing below in longhand, in ink, and returning this acknowledgement in the enclosed self-addressed envelope.

Check Received By: Date:

Title:

For (Contractor's Name):

Project: County:

NOTICE TO THE BIDDER

In the space provided below, please enter your total bid amount for this project. Only this figure will be read publicly by the Department at the public bid opening.

It is understood and agreed by the bidder in signing this proposal that the total bid amount entered below is not binding on either the bidder or the Department. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts.

Total Bid Amount

Control Project Highway County

ALT ITEM DESC SP Bid Item Description Unit Quantity Bid Price Amount Seq

Signed ____________________________________________ Title ____________________________________________ Date ____________________________________________

Additional Signature for Joint Venture:

Signed ____________________________________________ Title ____________________________________________ Date ____________________________________________

Total Bid Amount _______$2,664.00________

EXAMPLE OF BID PRICES SUBMITTED BY COMPUTER PRINTOUT

0001-03-030

STP 2000(938)HES

SH 20

EL PASO

104 509 REMOV CONC (SDWLK) SY 266.400 $10.000 $2,664.00 1

EXAMPLE EXAMPLE EXAMPLE EXAMPLE

EXAMPLES

BID PRICES SUBMITTED BY HAND WRITTEN FORMAT

Unit price for each plant in place

249 014 FLEX BASE(DEL)(DENSCOT)(TY A GR4 CL2) TON 56,787.00 14

ALT

ITEM-CODE

ITEM

NO

DESC

NO

S.P.

NO.

UNIT BID PRICE ONLY

WRITTEN IN WORDS UNIT

APPROX

QUANTITIES

DEPT

USE

ONLY

190 026 RED OAK 1 1/2” - 1 3/4” GAL BB EA 9.000 1

DLRS

CENTS

DLRS

CENTS

Unit price for each ton of Flexible Base

430 001 001 CL A CONC FOR EXT STR (CULV) CY 45.000 27

Unit price for each cubic yard of Concrete

DLRS

CENTS

610 007 001 RDWY ILL ASSEM(TY ST 50T-8-8)(.4 KW)S EA 13.000 7

Unit price of each Roadway Illumination Assembly

DLRS

CENTS

EXAMPLE EXAMPLE EXAMPLE EXAMPLE

SSW 540-3-39

Proposal Sheet

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

100 7002

PREPARING ROW

STA 159.000 1 DOLLARS

and CENTS

104 7003

REMOV CONC (MOWSTRIP)

SY 18.000 2 DOLLARS

and CENTS

104 7011

REMOV CONC (DRIVEWAYS)

SY 87.000 3 DOLLARS

and CENTS

105 7053

RMV (2"-8") TRT/UNTRT BASE & ASPH PAV

SY 144.000 4 DOLLARS

and CENTS

110 7001

EXCAV (ROADWAY)

CY 11,856.400 5 DOLLARS

and CENTS

132 7006

EMBANK (FNL)(DC)(TY C)

CY 2,424.900 6 DOLLARS

and CENTS

134 7004

BACKFILL (TY A OR B)

STA 159.000 7 DOLLARS

and CENTS

160 7002

FURN & PLACE TOPSOIL (4")

SY 42,397.000 8 DOLLARS

and CENTS

164 7001

BROADCAST SEED (PERM_RURAL_SAND)

SY 42,397.000 9 DOLLARS

and CENTS

164 7005

BROADCAST SEED (TEMP_WARM)

SY 21,195.000 10 DOLLARS

and CENTS

164 7006

BROADCAST SEED (TEMP_COOL)

SY 21,195.000 11 DOLLARS

and CENTS

168 7001

VEGETATIVE WATERING

TGL 426.000 12 DOLLARS

and CENTS

247 7090

FL BS (CMP IN PLC)(TY A GR 1-2) (10")

SY 52,999.000 13 DOLLARS

and CENTS

1-6

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

251 7027

REWORK BS MTL (TY B)(8")(ORD COMP)

SY 42,405.000 14 DOLLARS

and CENTS

260 7001

LIME (COM OR QK)(SLURRY) OR QK(DRY)

TON 211.000 15 DOLLARS

and CENTS

260 7008

LIME TRT (EXIST MATL)(10")

SY 15,015.000 16 DOLLARS

and CENTS

275 7001

CEMENT

TON 853.000 17 DOLLARS

and CENTS

275 7004

CEMENT TRT (EXIST MATL)(10")

SY 60,066.000 18 DOLLARS

and CENTS

316 7007

ASPH (AC-20-5TR)

GAL 41,335.000 19 DOLLARS

and CENTS

316 7016

ASPH (RC-250)

GAL 15,018.000 20 DOLLARS

and CENTS

316 7241

AGGR (TY-PB OR PL, GR-4)(SAC-A)

CY 853.000 21 DOLLARS

and CENTS

316 7251

AGGR (TY-B OR L, GR-5)

CY 406.000 22 DOLLARS

and CENTS

400 7006

CUT & RESTORING PAV

SY 17.000 23 DOLLARS

and CENTS

400 7010

CEM STABIL BKFL

CY 41.000 24 DOLLARS

and CENTS

402 7001

TRENCH EXCAVATION PROTECTION

LF 43.000 25 DOLLARS

and CENTS

432 7013

RIPRAP (MOW STRIP)(4 IN)

CY 103.000 26 DOLLARS

2-6

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

432 7043

RIPRAP (STONE PROTECTION)(18 IN)

CY 4.000 27 DOLLARS

and CENTS

464 7003

RC PIPE (CL III)(18 IN)

LF 761.000 28 DOLLARS

and CENTS

464 7005

RC PIPE (CL III)(24 IN)

LF 143.000 29 DOLLARS

and CENTS

464 7009

RC PIPE (CL III)(36 IN)

LF 48.000 30 DOLLARS

and CENTS

467 7308

SET (TY II) (18 IN) (RCP) (6: 1) (P)

EA 52.000 31 DOLLARS

and CENTS

467 7328

SET (TY II) (24 IN) (RCP) (6: 1) (P)

EA 8.000 32 DOLLARS

and CENTS

467 7365

SET (TY II) (36 IN) (RCP) (3: 1) (C)

EA 4.000 33 DOLLARS

and CENTS

480 7001

CLEAN EXIST CULVERTS

EA 2.000 34 DOLLARS

and CENTS

496 7004

REMOV STR (SET)

EA 62.000 35 DOLLARS

and CENTS

496 7007

REMOV STR (PIPE)

LF 54.000 36 DOLLARS

and CENTS

496 7037

REMOV STR (PIPE)

EA 32.000 37 DOLLARS

and CENTS

500 7001

MOBILIZATION

LS 1.000 38 DOLLARS

and CENTS

502 7001

BARRICADES, SIGNS AND TRAFFIC

HANDLING

MO 15.000 39 DOLLARS

3-6

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

503 7002

PORTABLE CHANGEABLE MESSAGE SIGN

EA 2.000 40 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 218.000 41 DOLLARS

and CENTS

505 7003

TMA (MOBILE OPERATION)

DAY 15.000 42 DOLLARS

and CENTS

506 7002

ROCK FILTER DAMS (INSTALL) (TY 2)

LF 1,180.000 43 DOLLARS

and CENTS

506 7011

ROCK FILTER DAMS (REMOVE)

LF 1,180.000 44 DOLLARS

and CENTS

506 7039

TEMP SEDMT CONT FENCE (INSTALL)

LF 2,660.000 45 DOLLARS

and CENTS

506 7041

TEMP SEDMT CONT FENCE (REMOVE)

LF 2,660.000 46 DOLLARS

and CENTS

530 7006

DRIVEWAYS (CONC)

SY 87.000 47 DOLLARS

and CENTS

530 7010

DRIVEWAYS (ACP)

SY 490.000 48 DOLLARS

and CENTS

530 7016

DRIVEWAYS (SURF TREAT)

SY 2,279.000 49 DOLLARS

and CENTS

530 7019

TURNOUTS (SURF TREAT)

SY 502.000 50 DOLLARS

and CENTS

540 7001

MTL W-BEAM GD FEN (TIM POST)

LF 1,350.000 51 DOLLARS

and CENTS

542 7001

REMOVE METAL BEAM GUARD FENCE

LF 248.000 52 DOLLARS

4-6

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

544 7001

GUARDRAIL END TREATMENT (INSTALL)

EA 8.000 53 DOLLARS

and CENTS

544 7003

GUARDRAIL END TREATMENT (REMOVE)

EA 2.000 54 DOLLARS

and CENTS

560 7008

MAILBOX INSTALL-S (TWW-POST) TY 4

EA 29.000 55 DOLLARS

and CENTS

560 7009

MAILBOX INSTALL-D (TWW-POST) TY 4

EA 5.000 56 DOLLARS

and CENTS

644 7001

IN SM RD SN SUP&AM TY10BWG(1)SA(P)

EA 71.000 57 DOLLARS

and CENTS

644 7007

IN SM RD SN SUP&AM TY10BWG(1)SA(U)

EA 2.000 58 DOLLARS

and CENTS

644 7073

REMOVE SM RD SN SUP&AM

EA 73.000 59 DOLLARS

and CENTS

658 7019

INSTL DEL ASSM (D-SW)SZ 1(BRF)GF2(BI)

EA 16.000 60 DOLLARS

and CENTS

658 7058

INSTL OM ASSM (OM-2Z)(WFLX)GND

EA 12.000 61 DOLLARS

and CENTS

658 7078

REMOVE DELIN & OBJECT MARKER ASSMS

EA 12.000 62 DOLLARS

and CENTS

658 7318

INSTL OM SM RD SIGN (1-OM-PW)R

EA 4.000 63 DOLLARS

and CENTS

662 7008

WK ZN PAV MRK NON-REMOV (W)6"(SLD)

LF 31,796.000 64 DOLLARS

and CENTS

662 7038

WK ZN PAV MRK NON-REMOV (Y)6"(SLD)

LF 31,796.000 65 DOLLARS

5-6

BRAZOS FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

662 7114

WK ZN PAV MRK SHT TERM (TAB)TY Y-2

EA 4,769.000 66 DOLLARS

and CENTS

666 7036

REFL PAV MRK TY I (W)24"(SLD)(100MIL)

LF 52.000 67 DOLLARS

and CENTS

666 7175

RE PM TY II (W) 6" (SLD)

LF 31,436.000 68 DOLLARS

and CENTS

666 7184

RE PM TY II (W) 24" (SLD)

LF 52.000 69 DOLLARS

and CENTS

666 7211

RE PM TY II (Y) 6" (BRK)

LF 1,679.000 70 DOLLARS

and CENTS

666 7213

RE PM TY II (Y) 6" (SLD)

LF 19,841.000 71 DOLLARS

and CENTS

666 7411

REFL PAV MRK TY I (W)6"(SLD)(100MIL)

LF 31,436.000 72 DOLLARS

and CENTS

666 7420

REFL PAV MRK TY I (Y)6"(BRK)(100MIL)

LF 1,679.000 73 DOLLARS

and CENTS

666 7423

REFL PAV MRK TY I (Y)6"(SLD)(100MIL)

LF 19,841.000 74 DOLLARS

and CENTS

668 7002

PRFB RUMBLE STRIP (BLK)(1')

(CENTERLINE)

LF 15,898.000 75 DOLLARS

and CENTS

668 7137

PRFB RUMBLE STRIP (BLK)(1')(EDGELINE)

LF 31,436.000 76 DOLLARS

and CENTS

672 7004

REFL PAV MRKR TY II-A-A

EA 363.000 77 DOLLARS

6-6

CERTIFICATION OF INTEREST IN OTHER BID

PROPOSALS FOR THIS WORK

By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by checking “Yes” or “No” below, is true, accurate, and complete.

A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration for performing a portion of this work.

________ YES

________ NO

B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract.

1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project.

2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project.

ENGINEER SEAL

Project SSW 540-3-39

Highway FM 974 County BRAZOS

The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project.

Alteration of a sealed document without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act.

The seal appearing on this document was authorized by:

Jorge Vasquez Jr. P.E.

April 24, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

150847

Jorge Vasquez Jr.

Sheet: 6 Highway: FM 974 Control: 0540-03-039 County: Brazos

2026 General Notes Sheet A

B A S I S O F E S T I M A T E

ITEM DESCRIPTION COURSE RATE AMOUNT QUANTITY

168 Vegetative Watering

0.010

MG/SY

42,395

SY 424 MG

316 Asphalt (RC 250) Prime 0.25

GAL/SY

60,059

SY 15,015 GAL

316 Aggregate (TY-B or TY-L GR-5) Prime 1/135

CY/SY

52,993

SY 393 CY

316 Asphalt

(AC-20-5TR) 1ST OCT 0.39

GAL/SY

52,993

SY 20,667 GAL

Aggregate (TY-PB or TY-PL GR-4

SAC-A)

1ST OCT 1/135

CY/SY

52,993

SY 424 CY

316 Asphalt (AC-20-5TR) 2nd OCT 0.39

GAL/SY

52,993 SY 20,667 gal

Aggregate (TY-PB or TY-PL GR-4

SAC-A)

2nd OCT 1 CY/125

SY

52,993

SY 424 CY

Sheet: 6

County: Brazos

2026 General Notes Sheet B

B A S I S O F E S T I M A T E

* for contractor's information only

ITEM DESCRIPTION COURSE RATE AMOUNT QUANTITY

166* FERTILIZER ** 60 LB/AC 8.8 AC 0.26 TON

530* Asphalt (AC20-

5TR OR AC12-

5TR)

0.38

GAL/SY 2,366 SY 899 GAL

530*

AGGREGATE

(TY-PB GR-4 OR

TY-PL GR-4 SAC-

A)

1 CY/125

SY 2,366 SY 19 CY

530* TACK COAT .01 GAL/SY 490 SY 5 GAL

530* SP-C SAC A

PG64-22 220 LBS/SY 490 SY 25 TONS

Note: Rates are for estimating purposes only. Actual Rates will be determined in the field.

** Tonnage represents Nitrogen content only.

GENERAL

Contractor questions on this project are to be addressed to the following individuals:

James Robbins, P.E., A.E., James.Robbins@txdot.gov Bennett Shepherd, P.E., A.A.E., John.Shepherd@txdot.gov

Questions may be submitted via the Letting Pre-Bid Q&A web page. This webpage can be accessed from the Notice to Contractors dashboard located at the following Address:

https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors mailto:James.Robbins@txdot.gov mailto:Joseph.Greive@txdot.gov https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors

Sheet: 6A

County: Brazos

2026 General Notes Sheet C

All contractor questions will be reviewed by the Engineer. All questions and any corresponding responses that are generated will be posted through the same Letting Pre-Bid Q&A web page.

The Letting Pre-Bid Q&A web page for each project can be accessed by using the dashboard to navigate to the project you are interested in by scrolling or filtering the dashboard using the controls on the left. Hover over the blue hyperlink for the project you want to view the Q&A for and click on the link in the window that pops up.

Send eligible shop plan submittals with PDF attachments directly to the reviewing office. If the shop drawings match a MTD currently approved set of shop drawings, submit that statement in writing with the submittal.

ITEM 5 “CONTROL OF THE WORK”

Prior to letting, earthwork construction cross-section data is available at the Design office in the Bryan District Headquarters for inspection by prospective bidders.

Earthwork files will be provided through the Letting Pre-Bid Q&A website when requested.

https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors These cross-sections are for non-construction purposes only, and it is the responsibility of the prospective bidder to validate the data for this project.

A precast concrete alternate may be submitted in accordance with the latest version of the Bridge Design Manual – LRFD. The Contractor must submit the alternate design for review and approval. Acceptance or denial of an alternate is at the sole discretion of the Engineer. All alternate designs must be signed and sealed by a Professional Engineer. Impacts to the project schedule and any additional costs resulting from the use of alternates are the sole responsibility of the Contractor.

After award of the contract, when requested, TxDOT will provide CADD files to the selected Contractor. The recipient acknowledges that the electronic files may not contain all the information and may differ from the Bid Documents or Contract Documents for the construction of the Project.

https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors

Sheet: 6A

County: Brazos

2026 General Notes Sheet D

Electronic files are provided for information only and the TxDOT Bryan District shall not be responsible for differences between Electronic Files, the Bid Documents, and Contract Documents. The CADD files provided are a graphical representation of the project; the CADD data may not be 100% accurate and should not be used for dimensional control, shop drawings, or any other similar purpose. Any electronic files provided are strictly for the use of the Recipient in regard to the Project named above and shall not be used for any other purpose or provided by the Recipient to any other entity.

ITEM 7 “LEGAL RELATIONS AND RESPONSIBILITIES”

State contract mowers will mow the right of way during the growing season.

The Contractor will be notified by the Engineer one week in advance of the anticipated time when mowers will be in the limits of the project. Clean the right of way to such a condition that allows the mowing contractors to safely mow.

In accordance with Item 7.2.5, Contractor equipment equipped with blue warning lights shall be wired so that operation of blue lights is independent of any other lights.

Whenever bridge construction or milling / paving operations reduces the under clearance of a roadway at a bridge underpass, the Contractor shall be required to inform the Engineer a minimum of 2 weeks prior to these operations by email with the specific bridge information including the presumed minimum clearance under the bridge when hanging beams (minus the standard 3 inch buffer), the date(s) which beams are to be hung, the direction(s) of the roadway(s) affected, and the mile point of the bridge where work is being performed. When milling / paving operations increase the elevation of the under passing roadway, the Contractor shall inform the Engineer office a minimum of 7 days prior to performing milling / paving operations.

Contractor shall confirm that the Engineer is made aware, by a minimum of 14 calendar days of any traffic shift or construction activity that would affect travel minimum travel width / height, minimum under clearance requirements, maximum turning length, or maximum weight limits

Sheet: 6B

County: Brazos

2026 General Notes Sheet E pertaining to Oversized / Overweight (OSOW) transports. Should the Engineer determine that the Contractor's activities requires an OSOW permit restriction, the Contractor is responsible for assuring the permit restriction is accurate and active a minimum of 10 calendar days prior to enacting the traffic shift / activity. Failure to affirm the establishment and accuracy of a required OSOW permit restriction will result in Liquidated Damages until the TCP is removed.

In the event of the declaration of a hurricane watch, warning, other severe weather warning or national or state emergency that requires the roadways in the vicinity be used as evacuation routes, cease all work that requires the Contractor’s, sub-contractors’ or material suppliers’ vehicles to enter the stream of traffic on these primary or secondary evacuation routes. This work includes material hauling and delivery, and mobilization or demobilization of equipment.

The following roadways are recognized hurricane evacuation routes in the Bryan District:

Primary Evacuation Routes: IH 45, US 77 (S of US 79), US 84 (E of IH 45), US 79, US 287, US 290, SH 6.

Secondary Evacuation Routes: US 190 (E of IH 45), SH 7, SH 21, SH 30 (SH 6 to IH 45), SH 36, SH 105 (E of SH 6).

Other routes may be designated.

No significant traffic generator events identified.

ITEM 8 “PROSECUTION AND PROGRESS”

No more than 2 miles of non-surfaced roadway will be allowed at any time.

The Engineer may consider extending the 2-mile limit or allow alternating 2-mile sections of concurrent work, only if the Contractor can demonstrate adequate workforce, equipment, material deliveries, work plan, and quality of work sufficient to handle the longer work zones. If the 2 miles of non-surfaced roadway are extended by the Engineer in writing, this will not exempt the Contractor from not exceeding the 5-minute delay and any

Sheet: 6B

County: Brazos

2026 General Notes Sheet F additional signing/traffic control will be considered subsidiary to Item 502, Barricades, Signs, and Traffic Handling. If, in the opinion of the Engineer, the Contractor fails to adequately progress or protect the work, or minimize disruption to traffic, the 2-mile limit may be reduced, as directed. There will be no additional compensation to the Contractor for the non-surfaced roadway limit being reduced.

At the end of each workday, remove all grade differentials transverse to centerline. See TREATMENT FOR VARIOUS EDGE CONDITIONS sheet for details.

At the end of each workday, provide 100 foot minimum grade tapers longitudinal to the centerline to transition differences in the profile grade line or roadway grade.

By noon of each Wednesday, provide the Engineer a written outline of the daily work schedule for the following week. Include in the outline the times and places for proposed traffic control changes, lane and shoulder closures, and moving operations or other operations that affect traffic on the roadway.

Unless otherwise authorized by the Engineer, prosecute the work on this project as narrated in the TCP Sequence of Work.

Prepare Progress Schedule Bar Chart.

The 90-day convenience delayed start allowed after authorization under SP008-005 is for Contractor mobilization.

Sheet: 6C

County: Brazos

2026 General Notes Sheet G

ITEM 100 “PREPARING RIGHT OF WAY”

Limits of the Prep ROW to be confirmed in the field by the Engineer.

Prep ROW shall consist of clearing all trees, grubbing, and removing debris within TxDOT right of way. Tree Trimming shall be performed to the sky at the right of way line.

During burn bans obtain written approval from the respective County Commissioners Court prior to burning brush.

Prevent ashes from burned vegetation to be transported into any stream.

If burning is not allowed, all trees and brush will be disposed of by shredding, logging or other methods approved by the Engineer. Create a windrow, stockpile, or topdress biomass on disturbed areas along the project at locations approved by necessary permits and the Engineer.

ITEM 132 “EMBANKMENT”

Provide Embankment material for areas within the limits of the Pavement Structure that meet one of the following requirements:

• Sources outside the ROW provide material with a plasticity index between 10 and 25 and with less than 30% silt.

• Sources within the ROW provide material with a plasticity index between TYP 10 and 25 and with less than 30% silt.

Provide Embankment material for areas outside the limits of the Pavement Structure with a plasticity index between 10 and 35.

Sheet: 6C

County: Brazos

2026 General Notes Sheet H

ITEM 134 “BACKFILLING PAVEMENT EDGES”

Furnish Type A or B material meeting one of the following requirements:

Item 247, Type D Grade 3;

Reclaimed Asphalt Pavement (RAP) with 95% of the RAP passing the 2 inch sieve.

Place emulsified asphalt (SS-1, CSS-1, or as approved by the Engineer) at an application rate of 0.15 gal/SY.

Recycled Asphalt Pavement (RAP) salvaged from milling of asphalt on the project shall be the source for Backfilling Pavement Edges; otherwise, the Contractor is to provide all material for this item.

ITEM 160 “TOPSOIL”

All slopes requiring topsoil will be tracked immediately upon final grading to prevent erosion per standard sheet EC (1)-16. Tracking slopes to prevent erosion will not be measured or paid for directly but will be subsidiary to pertinent Items.

ITEM 166 “FERTILIZER”

Fertilize all areas of project that are being seeded or sodded.

ITEM 168 “VEGETATIVE WATERING”

Vegetative watering is required for all areas of the project that are being seeded or sodded.

Sheet: 6D

County: Brazos

2026 General Notes Sheet I

ITEM 247 “FLEXIBLE BASE”

Place flexible base in equal lifts of 4 to 8 in. in depth unless otherwise authorized by the Engineer in writing.

Any flex base tapers shown in the plans will be subsidiary to the payment of the flex base.

Repair soft spots, surface defects, longitudinal/traverse grade changes, potholes etc. as directed by the Engineer before starting surfacing courses by scarifying the depth of flex base shown in the plans. The area should cover the lane width and a distance of 10 feet in each direction.

ITEM 316 “SEAL COAT”

All flex base tapers are to be primed along with the surface.

Remove vegetation and blade pavement edges.

The open season for application of asphalt is from May 1st to September 15th, unless otherwise authorized in writing by the Engineer.

When placing surface treatment on base material, prepare surface by sweeping or other approved methods. Before applying bituminous material, lightly sprinkle the surface with water. When directed, sweep the surface after sprinkling with water. Do not apply bituminous material when water is puddling on the surface.

Sweep excess aggregate no sooner than 2 hours after rolling or as directed.

Vehicles used to haul aggregate from the stockpile to the chip spreader will not be overloaded. Any damage to the roadway caused by the vehicles will be repaired by the Contractor at his expense and subsequent loads will be reduced so as not to cause further damage.

Transverse variance rates shall be used as directed. The nozzles outside the wheel paths will output up to 20% more asphalt by volume than the nozzles over the wheel paths.

Sheet: 6D

County: Brazos

2026 General Notes Sheet J

The Contractor may be required to furnish and set string line to insure straight and uniform alignment as directed by the Engineer. The Contractor may use other methods subject to approval of the Engineer.

Surface treat the metal beam guard fence widening areas after placing the MBGF to ensure that the entire widened areas are properly sealed.

If electing to place the MBGF after placing the surface treatment, reseal the widened areas to the satisfaction of the Engineer.

Surface treat driveways before the roadway is surface treated (second course only).

Cure surface treatments placed with a cutback asphalt binder for up to 21 days before placing subsequent surface courses unless otherwise directed by the engineer.

Air and surface temperature for asphalt material application will be in accordance with the specification and the manufacturer’s recommendation.

However, the engineer may limit the use of an asphalt material due to the time of year/weather conditions.

Schedule the work so that a seal coat is placed no more than two weeks after milling has been performed on any pavement surface, unless otherwise approved by the Engineer. The Engineer may require the seal coat to be placed sooner than two weeks in cases when base materials are exposed or when the pavement structure is showing signs of distress.

ITEM 432 “RIPRAP”

The fifty foot (50’) approach taper to the MBGF end treatment will be concrete Mow Strip unless otherwise shown in the plans or otherwise directed by the Engineer.

Sheet: 6E

County: Brazos

2026 General Notes Sheet K

ITEM 464 “REINFORCED CONCRETE PIPE”

Seal joints using cold applied plastic asphalt sewer compound or cold applied preformed plastic gaskets. When cohesionless material is used for backfill, wrap the joints prior to backfilling with sand proof tape following the manufacturer's recommendations or with an equivalent material and method.

ITEM 467 “SAFETY END TREATMENT”

All Type II SET’s shall have riprap aprons as shown on the plans. Riprap aprons are considered subsidiary to Type II SET’s.

ITEM 502 “BARRICADES, SIGNS AND TRAFFIC HANDLING”

Where shown on applicable TCP standards, channelizing devices on the centerline are required at all times; including when a pilot vehicle is used to lead traffic. Mount a G20-4 sign a minimum of 4’to the bottom of the sign from the ground at a conspicuous location on the rear of the vehicle. Traffic delays caused by one-lane, two-way traffic control, will not be allowed to exceed 5 minutes unless approved by the Engineer.

One-way traffic control operations are required when placing centerline profile markings on all two-lane roadways, unless otherwise approved by the Engineer. Work area is limited to a maximum of 2 miles for this work.

During one-way operations, station flaggers at all county roads and any other locations, such as private businesses, that may have traffic entering the work area.

Prior to beginning pulverization operations, place an approved channelizing device along both sides of the travel way the entire length of the operation in accordance with the BC standards. Do not remove the channelizing devices until permanent edge striping is placed.

Sheet: 6E

County: Brazos

2026 General Notes Sheet L

Place "Pavement Ends" (CW8-3), "Slow Down On Wet Road" (CW8-5a), “No Centerline Stripe”, and “Loose Gravel” signs before pulverization of the existing pavement.

When work zone speed limits have been approved by Minute Order or City Ordinance, the placement, spacing, and timing of the speed limits shall be approved by the Engineer.

Removal of ground mounted temporary signs and supports as specified on standard sheet BC (5), shall include the immediate backfilling of support holes with Type B embankment material and the compaction of the backfill material. The signs must also be removed within two weeks once construction ends.

When used, skid mounted and folding Traffic Control Signs shall be covered, folded, or moved away from the clear zone in crash-worthy configuration when not actively in use. Signs/barricades in non-crash-worthy configuration shall be removed from the ROW at the Contractor’s expense.

Relocation of existing signs to temporary mounts during construction is subsidiary to Item 502. Maintain all existing signs during construction that do not conflict with TCP, or as directed by the Engineer.

The Contractor Force Account “Safety Contingency” that has been established for this project is intended to be utilized for work zone enhancements, to improve the effectiveness of the Traffic Control Plan, that could not be foreseen in the project planning and design stage. These enhancements will be mutually agreed upon by the Engineer and the Contractor’s Responsible Person based on weekly or more frequent traffic management reviews on the project. The Engineer may choose to use existing bid items if it does not slow the implementation of enhancement.

Sheet: 6F

County: Brazos

2026 General Notes Sheet M

ITEM 503 “PORTABLE CHANGEABLE MESSAGE SIGN”

Furnish, install, and operate up to 2 Portable Changeable Message Signs (PCMS) for this project. The signs can be used both on the project and within a ten (10) mile radius of the project. Locations, messages, and durations of use will be specified by the Engineer. The primary uses will be to inform the public of special events, lane and road closures, and changes in traffic control. Signs will be paid for only when used as directed by the Engineer.

ITEM 505 “TRUCK MOUNTED ATTENUATOR (TMA) AND

TRAILER ATTENUATOR (TA)”

In addition to the shadow vehicles with truck mounted attenuator (TMA) that are specified as being required on the traffic control plan (TCP) for this project, Provide one (1) shadow vehicle(s) with TMA for TCP(2-2)-18 as detailed on General Note 6 of this standard sheet.

Provide two (2) (shadow and trail) vehicle(s) with TMA for TCP(3-1)-13 as detailed on General Note 3 of this standard sheet.

Provide two (2) (shadow and trail) vehicle(s) with TMA for TCP(3-3)-14 as detailed on General Note 3 of this standard sheet.

provide one (1) shadow vehicle(s) with TMA for TCP(S-1)-08A as detailed on General Note 4 of this standard sheet.

Provide one (1) shadow vehicle(s) with TMA for TCP(S-2)-08A as detailed on General Note 11 of this standard sheet.

Provide one (1) shadow vehicle(s) with TMA for TCP(S-2c)-10 as detailed on General Note 2 of this standard sheet.

Therefore, 8 total shadow vehicles with TMA will be required for this type of work. The contractor will be responsible for determining if one or more of

Sheet: 6F

County: Brazos

2026 General Notes Sheet N these operations will be ongoing at the same time to determine the total number of TMAs needed for the project.

218 TMA days are provided in the project estimate for stationary operations.

15 TMA days are provided in the project estimate for mobile operations.

TMA’s shall meet the requirements of the Compliant Work Zone Traffic Control Device List. http://ftp.txdot.gov/pub/txdot-info/cmd/mpl/cwztcd.pdf

Signs and arrow boards required on truck-mounted attenuators and pilot vehicles are subsidiary to Item 505.

ITEM 506 “TEMPORARY EROSION, SEDIMENTATION AND

ENVIRONMENTAL CONTROLS”

Prior to starting construction, review the SWP3 with the Engineer to confirm the type and placement of the devices. Device locations may be added, deleted, or modified by the Engineer.

ITEM 540 “METAL BEAM GUARD FENCE”

Furnish and Install only one type of timber post.

ITEM 560 “MAILBOX ASSEMBLIES”

Notify the postmaster prior to installation for approval of type and temporary and permanent locations.

Retain and re-use newspaper holders removed or relocated during construction for placement on new mailbox assemblies in accordance with mailbox standard sheets.

http://ftp.txdot.gov/pub/txdot-info/cmd/mpl/cwztcd.pdf

Sheet: 6G

County: Brazos

2026 General Notes Sheet O

ITEM 636 “SIGNS”

Salvage and deliver all aluminum sign faces to the local TxDOT maintenance office.

ITEM 644 “SMALL ROADSIDE SIGN ASSEMBLIES”

Prior to taking elevations to determine lengths for fabrication of sign posts, obtain verification of all proposed locations.

Salvage and deliver all aluminum sign faces to the local TxDOT maintenance office.

ITEM 662 “WORK ZONE PAVEMENT MARKINGS”

All striping limits must be approved by the Engineer before striping operations may begin.

ITEM 666 “REFLECTORIZED PAVEMENT MARKINGS”

Unless authorized by the Engineer, the Contractor will not place the pavement markings on the resurfaced roadway until it has cured for 3 days.

All striping limits must be approved by the Engineer before striping operations may begin.

ITEM 672 “RAISED PAVEMENT MARKERS”

Use flexible bituminous adhesive for applications on all pavement types.

Control : 0540-03-039 Project : SSW 540-3-39

BRAZOS

FM 974Highway :

County :

TEXAS DEPARTMENT OF TRANSPORTATION

GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS

ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE

IDENTIFIED AS FOLLOWS:

STANDARD SPECIFICATIONS:

PREPARING RIGHT OF WAY(103) (752) ITEM 100

REMOVING CONCRETEITEM 104

REMOVING TREATED AND UNTREATED BASE AND ASPHALT PAVEMENTITEM 105

EXCAVATION(132) ITEM 110

EMBANKMENT(100) (110) (160) (204) (210) (216) (400) ITEM 132

BACKFILLING PAVEMENT EDGES(162) (166) (168) (300) (314) ITEM 134

TOPSOIL(168) ITEM 160

SEEDING FOR EROSION CONTROL(162) (166) (168) ITEM 164

VEGETATIVE WATERINGITEM 168

FLEXIBLE BASE(105) (204) (210) (216) (520) ITEM 247

REWORKING BASE COURSES(204) (210) (216) (247) (520) ITEM 251

LIME TREATMENT (ROAD-MIXED)(105) (132) (204) (210) (216) (247) (300) (310)

(520)

ITEM 260

CEMENT TREATMENT (ROAD-MIXED)(204) (210) (216) (247) (300) (310) (520) ITEM 275

PRIME COAT(300) (316) ITEM 310

SEAL COAT(210) (300) (302) (341) (520) ITEM 316

EXCAVATION AND BACKFILL FOR STRUCTURES(110) (132) (401) (402) (403)

(416) (420) (421) (423)

ITEM 400

TRENCH EXCAVATION PROTECTIONITEM 402

RIPRAP(247) (420) (421) (431) (440) ITEM 432

REINFORCED CONCRETE PIPE(400) (402) (403) (420) (421) (424) (440) (462)

(465) (467) (471) (476)

ITEM 464

SAFETY END TREATMENT(400) (420) (421) (424) (432) (440) (442) (445) (460)

(464)

ITEM 467

CLEANING EXISTING CULVERTSITEM 480

REMOVING STRUCTURESITEM 496

MOBILIZATIONITEM 500

BARRICADES, SIGNS, AND TRAFFIC HANDLING(503) (505) (510) ITEM 502

PORTABLE CHANGEABLE MESSAGE SIGNITEM 503

TRUCK-MOUNTED ATTENUATOR (TMA) AND TRAILER ATTENUATOR (TA)ITEM 505

TEMPORARY EROSION, SEDIMENTATION, AND ENVIRONMENTAL CONTROLS

(161) (432) (556)

ITEM 506

INTERSECTIONS, DRIVEWAYS, AND TURNOUTS(247) (260) (275) (276) (292)

(316) (330) (334) (360) (421) (440)

ITEM 530

ITEMS 1-9 INCL., GENERAL REQUIREMENTS AND COVENANTS

ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION

SEPTEMBER 1, 2024.

STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE

CONTRACT BY REFERENCE.

1-2

GENERAL :

THE ABOVE-LISTED SPECIFICATIONS ITEMS ARE THOSE UNDER WHICH

PAYMENT IS TO BE MADE. THESE, TOGETHER WITH SUCH OTHER PERTINENT

ITEMS, IF ANY, AS MAY BE REFERRED TO IN THE ABOVE-LISTED

SPECIFICATION ITEMS, AND INCLUDING THE SPECIAL PROVISIONS LISTED

ABOVE, CONSTITUTE THE COMPLETE SPECIFICATIONS FOR THIS PROJECT.

SPECIAL PROVISIONS :

SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER

THE SPECIFICATIONS ENUMERATED HEREON WHEREVER IN

CONFLICT THEREWITH.

SPECIAL SPECIFICATIONS :

METAL BEAM GUARD FENCE(421) (441) (445) (492) (529) ITEM 540

REMOVING METAL BEAM GUARD FENCEITEM 542

GUARDRAIL END TREATMENTSITEM 544

MAILBOX ASSEMBLIESITEM 560

SMALL ROADSIDE SIGN ASSEMBLIES(421) (440) (441) (442) (445) (636) (656) ITEM 644

DELINEATOR AND OBJECT MARKER ASSEMBLIES(445) ITEM 658

WORK ZONE PAVEMENT MARKINGS(666) (668) (672) (677) ITEM 662

RETROREFLECTORIZED PAVEMENT MARKINGS(316) (502) (667) (677) (678) ITEM 666

PREFABRICATED PAVEMENT MARKINGS AND RUMBLE STRIPS(678) ITEM 668

RAISED PAVEMENT MARKERS(677) (678) ITEM 672

"SPECIAL LABOR PROVISIONS FOR STATE PROJECTS (000---

005)" (000---005)

SPECIAL PROVISION

"NONDISCRIMINATION" (000---001) SPECIAL PROVISION

"CERTIFICATE OF INTERESTED PARTIES (FORM 1295)" (000---017) SPECIAL PROVISION

"SCHEDULE OF LIQUIDATED DAMAGES" (000---031) SPECIAL PROVISION

"NOTICE OF CONTRACTOR PERFORMANCE EVALUATIONS" (000---

125)

SPECIAL PROVISION

(002---003) SPECIAL PROVISION TO ITEM 002

(003---006) SPECIAL PROVISION TO ITEM 003

(007---001) SPECIAL PROVISION TO ITEM 007

(008---005) SPECIAL PROVISION TO ITEM 008

(009---002) SPECIAL PROVISION TO ITEM 009

(247---001) SPECIAL PROVISION TO ITEM 247

(260---001) SPECIAL PROVISION TO ITEM 260

(275---001) SPECIAL PROVISION TO ITEM 275

(292---001) SPECIAL PROVISION TO ITEM 292

(300---003) SPECIAL PROVISION TO ITEM 300

(540---001) SPECIAL PROVISION TO ITEM 540

(672---001) SPECIAL PROVISION TO ITEM 672

WAGE RATES

2-2

Highway FM 974 County BRAZOS

SMALL BUSINESS ENTERPRISE REQUIREMENTS

The following goal for small business enterprises is established:

SBE

0%

CHILD SUPPORT STATEMENT

Under section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is 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.

CONFLICT OF INTEREST CERTIFICATION

Pursuant to Texas Government Code Section 2261.252(b), the Department is prohibited from entering into contracts in which Department officers and employees have a financial interest.

By signing the Contract, the Contractor certifies that it is not prohibited from entering into a Contract with the Department as a result of a financial interest as defined under Texas Government Code Section 2261.252(b), and that it will exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict of interest with the Department.

The Contractor also certifies that none of the following individuals, nor any of their family members within the second degree of affinity or consanguinity, owns 1% or more interest or has a financial interest as defined under Texas Government Code Section 2261.252(b) in the Contractor:

Any member of the Texas Transportation Commission; and The Department’s Executive Director, General Counsel, Chief of Procurement and Field Support

Operations, Director of Procurement, and Director of Contract Services.

Violation of this certification may result in action by the Department.

E-VERIFY CERTIFICATION

Pursuant to Texas Transportation Code §223.051, all TxDOT contracts for construction, maintenance, or improvement of a highway must include a provision requiring Contractors and subcontractors to use the U.S. Department of Homeland Security’s E-Verify system to determine employment eligibility. By signing the contract, the Contractor certifies that prior to the award of the Contract:

the Contractor has registered with and will, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of the Contract to determine the eligibility of all persons hired to perform duties within Texas during the term of the agreement; and the Contractor will require that all subcontractors also register with and, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of the subcontract to determine the eligibility of all persons hired to perform duties within Texas during the term of the agreement.

Violation of this requirement constitutes a material breach of the Contract, subjects a subcontractor to removal from the Contract, and subjects the Contractor or subcontractors to possible sanctions in accordance with Title 43, Texas Administrative Code, Chapter 10, Subchapter F, “Sanctions and Suspension for Ethical Violations by Entities Doing Business with the Department.”

_BPSDocName 1-1

Certification Regarding Disclosure of Public Information Pursuant to Subchapter J, Chapter 552, Texas Government Code, contractors executing a contract with a governmental body that results in the expenditure of at least $1 million in public funds must:

1) preserve all contracting information* as provided by the records retention requirements applicable to Texas Department of Transportation (TxDOT) for the duration of the contract,

2) on request of TxDOT, promptly provide any contracting information related to the contract that is in the custody or possession of the entity, and

3) on completion of the contract, either:

A. provide, at no cost to TxDOT, all contracting information related to the contract that is in the custody or possession of the entity, or B. preserve the contracting information related to the contract as provided by the records retention requirements applicable to TxDOT

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract, and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

By entering into Contract, the Contractor agrees to:

• provide, or make available, to TxDOT and any authorized governmental investigating or auditing agency all records, including electronic and payment records related to the contract, for the same period provided by the records retention schedule applicable to TxDOT, and

• ensure that all subcontracts include a clause requiring the same.

* As defined in Government Code §552.003, “Contracting information” means the following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:

1) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;

2) solicitation or bid documents relating to a contract with a governmental body;

3) communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;

4) documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and

5) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

CERTIFICATION TO NOT BOYCOTT ISRAEL

Pursuant to Texas Government Code §2271.002, the Department must include a provision requiring a written verification affirming that the Contractor does not boycott Israel, as defined in Government Code §808.001, and will not boycott Israel during the term of the contract. This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not boycott Israel and will not boycott Israel during the term of this contract. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

CERTIFICATION TO NOT BOYCOTT ENERGY COMPANIES

Pursuant to Texas Government Code §2274.002, the Department must include a provision requiring a written verification affirming that the Contractor does not boycott energy companies, as defined in Government Code §809.001, and will not boycott energy companies during the term of the contract. This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not boycott energy companies and will not boycott energy companies during the term of this contract. “Boycott” means taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (1) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (2) does business with a company described by (1).

CERTIFICATION TO NOT DISCRIMINATE AGAINST

FIREARM ENTITIES OR FIREARM TRADE ASSOCIATIONS

Pursuant to Texas Government Code §2274.002, the Department must include a provision requiring a written verification affirming that the Contractor:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Government Code §2274.001, and

2) will not discriminate against a firearm entity or firearm trade association during the term of the contract.

This provision applies to a contract that:

1) is with a Contractor that is not a sole proprietorship,

2) is with a Contractor with 10 or more full-time employees, and

3) has a…

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