Control 0919-00-098 Project F 2026(877) Highway VARIOUS County CASS

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 VARIOUS County CASS

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of Landscape Development

CASS 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 34 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:

THREE THOUSAND AND 00/100 (Dollars) ( $3,000.00)

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 0919-00-098

Project F 2026(877)

Highway VARIOUS

County CASS

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 0919-00-098 Project F 2026(877) Highway VARIOUS County CASS

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

F 2026(877) Proposal Sheet

CASS 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.

180 7001

WILDFLOWER SEEDING

AC 309.700 1 DOLLARS

and CENTS

500 7001

MOBILIZATION

LS 1.000 2 DOLLARS

and CENTS

502 7001

BARRICADES, SIGNS AND TRAFFIC

HANDLING

MO 2.000 3 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 20.000 4 DOLLARS

and CENTS

505 7003

TMA (MOBILE OPERATION)

DAY 20.000 5 DOLLARS

and CENTS

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.

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

a. initial filing

b. grant

For material change only:

year _______ quarter _____ date of last report ___________

4. Name and Address of Reporting Entity:

Prime Subawardee Tier __________, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI):

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

11. Amount of Payment (check all that apply):

$ ___________________________ actual planned

13. Type of Payment (check all that apply):

a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other; specify: _______________________________

12. Form of Payment (check all that apply)

a. cash

b. in-kind; specify: nature ____________________ value ____________________

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuation Sheet(s) SF-LLL-A attached: Yes No

16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required dis-closure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: __________________________________________

Print Name: _________________________________________

Title: ______________________________________________

Telephone No: _____________________ Date: ___________

FEDERAL USE ONLY Authorized for Local Reproduction Standard Form - LLL

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Com-plete all items that apply for both the initial filing and material change report. Refer to the implementing guidance pub-lished by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity or this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).

Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burdon for this collection of infromation is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments reguarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burdon, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046

CONTINUATION SHEET

Authorized for Local Reproduction

Standard Form - LLL-A

Reporting Entity: ____________________________________ Page ______ of ______

CONTRACTOR’S ASSURANCE

(Subcontracts-Federal Aid Projects)

By signing this proposal, the contractor is giving assurances that each subcontract and further all lower tier subcontracts will incorporate the Standard Specification to Article 9.9, Payment

Provisions for Subcontractors and will also physically attach the following:

Form FHWA 1273

Wage Rates

Special Provision 000-001

Special Provision 000-002

Special Provision 000-007

Required Contract Provisions Federal-Aid Construction

Contracts

All Construction Projects

Nondiscrimination, Sections 3.1-3.6 (include materials and leases of equipment)

Certificate of Nondiscrimination in Employment

Cargo Preference Act Requirements in Federal-Aid

11-25

ENGINEER SEAL

Project F 2026(877)

Highway VARIOUS County CASS

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:

Glenn R. Yowell P.E.

May 29, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

92077

Glenn R. Yowell

Control: 0919-00-098 Sheet:

County: CASS Highway: VARIOUS

General Notes Sheet A

GENERAL NOTES:

General Requirements and Covenants:

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

Area Engineer Assistant Area Engineer Jacob Vise, P.E. Jacob.Vise@txdot.gov Ryan Griffin, P.E. Ryan.Griffin@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?%

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.

ITEM 5 – Control of the Work:

Repair any damage caused to utilities by Contractor operations at own expense and restore service in a timely manner.

ITEM 7 – Legal Relations and Responsibilities:

This project is considered a maintenance activity and is exempt from the Construction General Permit (CGP) coverage.

No significant traffic generator events.

General Notes Sheet B

ITEM 8 – Prosecution and Progress:

Working days will be charged in accordance with Section 8.3.1.4, “Standard Workweek”

The Work Start Date and beginning of Working Day Charges for this project will be October 1, 2026.

This is for optimal planting season for wildflowers in this area.

ITEM 100 – Preparing Right of Way:

Any burning of trees, brush, trash, debris, etc. on ROW will not be allowed without written approval by the Engineer.

ITEM 180 - Wildflower Seeding:

No seeding is to be done within 100’ of any railroad track.

If planting area is not recently mowed, the Engineer will determine if contractor is to mow before seeding. Any mowing is considered subsidiary to this item. Distribute wildflower seed at a rate of 10 lbs.

of seed per acre.

Seed species and rate:

Plains coreopsis, Coreopsis tinctorial @ 2 lbs. of bulk seed per acre Indian Blanket, Gaillardia pulchella @ 2 lbs. of bulk seed per acre Blue Boy Bachelor Button, Centaurea cyanus @ 2 lbs. of bulk seed per acre Red Phlox, Phlox paniculate ‘Red’ @ 2 lbs. of bulk seed per acre Moss Verbena, Verbena tenuisecta @ 1 lbs. of bulk seed per acre Lemon Mint (Purple), Monarda citriodora @ 1 lb. of bulk seed per acre

Wildflower seed must be supplied either in single species bags, as mixes of each seed type (small seeds, large seeds, and fluffy-type seeds), as bags of a commercial mix, or any combination of these as approved. Seed is to be tested for germination as shown on the seed tags in the last 9 months. Seed tags are to be presented to the Engineer or his representative prior to any seeding operations.

Seed can be acquired from:

Wildseed Farms 1101 Campo Rosa Street Eagle Lake, TX 77434 1-979-234-7353

Attn: Tom Kramer tkramer.wildseed@gmail.com

General Notes Sheet C

Equipment:

Use a no-till or pasture type drill that is capable of accurately metering the different seed species using separate seed boxes on the drill. Typical grain seeding drills will not meet this requirement.

Use the width of the seed drill multiplied by the length of each run, in calculating acreage for each site listed in the plans. For example, using an 8-foot-wide seed drill, the length of run to cover 1 acre (43,560 square feet) would be 5,445 feet. (43,560 SF / 8 FT = 5,445 FT).

Seeding depth into the soil profile is to be placed at 0.25 inches.

ITEM 502 – Barricades, Signs, and Traffic Handling:

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.

The Contractor's Responsible Person (CRP) will be responsible for ensuring that the signs and traffic control devices are in place and functioning properly.

The CRP will inspect and ensure any deficiencies are corrected each and every day throughout the duration of this contract. Notify the Engineer in writing of the name, address, and telephone number of this employee or these employees.

Seeding operations are allowed simultaneously in multiple locations. Operations will be confined to one side of the road per location.

The distance between and length of shoulder closures will be as directed based on the demonstrated ability to prosecute the work within the closed section.

Multiple shoulder closures must have at least five miles between the end of one shoulder closure and the beginning of the taper at the next shoulder closure.

Restrict the movement of equipment across traffic lanes to an absolute minimum.

Use strobe lights or rotating beacons on all motorized equipment, operating on or adjacent to the road surface.

There may be ongoing contracts on several of the roadways included in this contract. Coordinate work with these projects and consult with the Engineer when developing sequence of work.

General Notes Sheet D

No equipment will be left within 30 feet of the travel way during non-working hours. Disabled equipment and/or obstructions within 30 feet of the travel way that cannot be removed by the end of the working day shall be clearly marked by warning lights and barricades, as directed.

The Traffic Control Plan for this contract consists of the installation and maintenance of warning signs and or other traffic control devices shown in the plans, specification data which may be included in the general notes, applicable provisions of the Texas Manual on Uniform Traffic Control Devices (TMUTCD), traffic control plan sheets included in the plans, standard BC sheets and Item 502 of the standard specifications.

The signing arrangement and spacing shown may be varied as necessary to fit field conditions; however, any proposed changes in the traffic control plan must be approved by the Engineer prior to implementation.

No traffic control is to cross any railroad.

ITEM 505 –Truck-Mounted Attenuator (TMA) and Trailer Attenuator (TA):

The shadow vehicle with truck mounted attenuator (TMA) will not be optional but will be required as shown on the appropriate traffic control plan sheets.

A total of two (2) shadow vehicle with TMA will be required for the work. The contractor will be responsible for determining if one or more of these operations will be ongoing at the same time to determine the total number of TMA’s needed for the project.

ITEM 506 – Temporary Erosion, Sedimentation, and Environmental Controls:

Provide and install additional erosion or water pollution control measures deemed necessary by the Engineer as prescribed by this item and in accordance with the appropriate specification. Payment for erosion control measures for which applicable pay items are not included in the Contract shall be made in accordance with Articles 4.4, “Changes in the Work” and 9.7, “Payment for Extra Work and Force Account Method”.

The project is exempt from the Texas Pollutant Discharge Elimination System (TPDES) General Permit (TXR15000). Exempt projects are those that disturb less than one acre or routine maintenance activities that maintain the original line and grade, hydraulic capacity, or original purposes of the site. No temporary erosion control measures or Storm Water Pollution Prevention Plan (SWP3) have been included in the plans.

GENERAL :

Control : 0919-00-098 Project : F 2026(877)

CASS

VARIOUSHighway :

County :

TEXAS DEPARTMENT OF TRANSPORTATION

GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS

ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE

IDENTIFIED AS FOLLOWS:

SPECIAL PROVISIONS :

SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER

THE SPECIFICATIONS ENUMERATED HEREON WHEREVER IN

CONFLICT THEREWITH.

SPECIAL SPECIFICATIONS :

STANDARD SPECIFICATIONS:

WILDFLOWER SEEDING(164) ITEM 180

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

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.

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

"CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT" (000---

002)

SPECIAL PROVISION

"ON-THE-JOB TRAINING PROGRAM" (000---004) SPECIAL PROVISION

"CARGO PREFERENCE ACT REQUIREMENTS IN FEDERAL AID

CONTRACTS" (000---007)

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

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

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

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

REQUIRED CONTRACT PROVISIONS. ALL FEDERAL-AID PROJECTS (REV. 10-23) (FORM

FHWA 1273)

WAGE RATES

1-2

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.

2-2

Highway VARIOUS County CASS

DISADVANTAGED BUSINESS ENTERPRISES

REQUIREMENTS

The following goal for disadvantaged business enterprises is established:

DBE

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.”

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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 value of $100,000 or more.

By signing the contract, the Contractor certifies that it does not discriminate against a firearm entity or firearm trade association as described and will not do so during the term of this contract. "Discriminate against a firearm entity or firearm trade association" means, with respect to the entity or association, to:

(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. "Discriminate against a firearm entity or firearm trade association" does not include: (1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity ’s or association’s status as a firearm entity or firearm trade association.

FOREIGN ADVERSARIES REQUIREMENTS

Pursuant to Executive Order No. GA-48 relating to the hardening of state government, TxDOT must require any company that submits a bid or proposal with respect to a contract for goods or services to the Department to certify that the company, and, if applicable, any of its holding companies or subsidiaries, is not:

A. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

B. Listed in section 1260H of the 2021 NDAA; or

C. Owned by the government of a country on the U.S. Department of Commerce foreign adversaries list under 15 C.F.R. 791.4; or

D. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. 791.4.

By signing this proposal, the Contractor certifies that neither it nor any affiliated entities are:

• Listed in Section 889 of the 2019 NDAA;

• Listed in Section 1260H of the 2021 NDAA;

• Owned by the government of a country listed under 15 C.F.R. 791.4; or

• Controlled by any governing or regulatory body located in a country listed under 15 C.F.R.

791.4

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PROHIBITION ON CERTAIN TELECOMMUNICATIONS

EQUIPMENT OR SERVICES

The Federal Register Notice issued the Final Rule and states that the amendment to 2 CFR

200.216 is effective on August 13, 2020. The new 2 CFR 200.471 regulation provides clarity that the telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable for services and equipment from these specific providers. OMB’s Federal Register Notice includes the new 2 CFR 200.216 and 2 CFR 200.471 regulations.

https://www.federalregister.gov/documents/2020/08/13/2020-17468/guidance-for-grants-and-agreements Per the Federal Law referenced above, use of services, systems, or services or systems that contain components produced by any of the following manufacturers is strictly prohibited for use on this project. Therefore, for any telecommunications, CCTV, or video surveillance equipment, services or systems cannot be manufactured by, or have components manufactured by:

• Huawei Technologies Company,

• ZTE Corporation (any subsidiary and affiliate of such entities),

• Hyatera Communications Corporation,

• Hangzhou Hikvision Digital Technology Company,

• Dahua Technology Company (any subsidiary and affiliate of such entities).

Violation of this prohibition will require replacement of the equipment at the contractor’s e xpense.

Prohibited Activities by Contractors and Vendors

Pursuant to Texas Government Code 2261.302, a state agency contractor, subcontractor, or vendor responding to a contract solicitation may not directly or indirectly:

(1.) engage in surveillance targeting:

(a.) a member of the state legislature or a person employed to support the state legislature in any capacity, (b.) a family member of a person described in subsection (a), (c.) a state agency employee, or (d.) an individual making a complaint or raising concerns regarding state agency operations or contracting;

(2.) engage in an act of intimidation, coercion, extortion, undue influence, or other similar conduct intended to influence, silence, or retaliate against a person described in subsection (1) above, or;

(3.) use private or confidential information to manipulate or influence a state contracting decision or proceeding.

By signing this proposal, the bidder certifies that it will not engage in surveillance targeting or an act of intimidation, coercion, extortion, undue influence, or other similar conduct intended to influence, silence, or retaliate against a member of the state legislature, a person employed to support the state legislature in any capacity, a family member of an aforementioned person, a state agency employee, or an individual making a complaint or raising concerns regarding state agency operations or contracting.

Furthermore, the bidder certifies that it will not use private or confidential information to manipulate or influence a state contracting decision or proceeding.

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for

Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability.