6502-12-001.pdf

Control 6502-12-001 Project RMC - A00221700 Highway SH 49 County MARION

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.

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Control 6502-12-001 Project RMC - A00221700 Highway SH 49 County MARION

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of TREE REMOVAL

MARION 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 365 calendar 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:

NINE THOUSAND AND 00/100 (Dollars) ( $9,000.00)

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

NOTICE TO CONTRACTORS

FOR THIS PROJECT THE AUDITED FINANCIAL PREQUALIFICATION

REQUIREMENT IS WAIVED. ANY CONTRACTOR INTENDING TO BID ON THIS

WORK MUST SUBMIT A COMPLETED “BIDDERS QUESTIONNAIRE”, WITH ANY

ADDITIONAL INFORMATION REQUESTED IN THAT FORM, AT LEAST TEN DAYS

PRIOR TO THE LETTING DATE.

CONTRACTORS THAT ARE CURRENTLY PREQUALIFIED BASED ON AN

AUDITED FINANCIAL STATEMENT DO NOT NEED TO SUBMIT A “BIDDERS

QUESTIONAIRE” SINCE THE NECESSARY INFORMATION IS CONTAINED IN THE

AUDITED PREQUALIFICATION DOCUMENTS.

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 6502-12-001

Project RMC - A00221700

Highway SH 49

County MARION

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 6502-12-001 Project RMC - A00221700 Highway SH 49 County MARION

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

RMC - A00221700

Proposal Sheet

MARION 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.

500 7002

MOBILIZATION (CALLOUT)

EA 4.000 1 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 50.000 2 DOLLARS

and CENTS

752 7001

TREE TRIMMING / BRUSH REMOVAL

MI 50.385 3 DOLLARS

and CENTS

752 7004

STUMP REMOVAL

EA 25.000 4 DOLLARS

and CENTS

752 7005

TREE REMOVAL (4" - 12" DIA)

EA 1,000.000 5 DOLLARS

and CENTS

752 7006

TREE REMOVAL (12" - 18" DIA)

EA 250.000 6 DOLLARS

and CENTS

752 7007

TREE REMOVAL (18" - 24" DIA)

EA 175.000 7 DOLLARS

and CENTS

752 7008

TREE REMOVAL (24" - 30" DIA)

EA 75.000 8 DOLLARS

and CENTS

752 7009

TREE REMOVAL (30" - 36" DIA)

EA 20.000 9 DOLLARS

and CENTS

752 7010

TREE REMOVAL (36" - 42" DIA)

EA 5.000 10 DOLLARS

and CENTS

752 7011

TREE REMOVAL (42" - 48" DIA)

EA 5.000 11 DOLLARS

and CENTS

752 7012

TREE REMOVAL (48" - 60" DIA)

EA 5.000 12 DOLLARS

and CENTS

752 7013

TREE REMOVAL (60" - 72" DIA)

EA 5.000 13 DOLLARS

and CENTS

1-2

RMC - A00221700

Proposal Sheet

MARION 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.

7020 7001

GEN DEBRIS REMOVE ON HWY ROW

CY 500.000 14 DOLLARS

and CENTS

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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 ______

Project Number: A00221700 Sheet

County: Marion, etc. Control: 6502-12-001

Highway: SH0049, etc.

General Notes Sheet A

GENERAL NOTES:

General:

Contractor questions on this project are to be addressed to the following individual(s):

Jason R. Dupree, P.E. – Director of Maintenance Jason.Dupree@txdot.gov

Charlotte Aslin – Maintenance Program Specialist Charlotte.Aslin@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.

Questions regarding the plans and/or the project after the contract has been awarded should be referred to the Managing Supervisor:

Robert Smith Maintenance Supervisor – Jefferson

24522 SH 49

Jefferson, Texas 75657

(903) 665-2692

This project consists of performing tree trimming, tree and stump removal and brush removal at various locations in the Atlanta District. This project covers the following counties: Harrison, Marion and Upshur.

This contract is for non-site-specific callout work. This is not a production contract. Callouts will be issued by work order containing work locations, approximate items of work and quantities along with number of working days allowed for the work order.

While pictures may be included in work orders, they are not intended to replace the contractor’s responsibility to field-verify the scope of work. If additional work items are required that were

General Notes Sheet B not included in the original work order, please contact the Maintenance Section Supervisor to request additional days and work items.

See general notes for Item 8 for more information regarding work orders, contract time and liquidated damages.

See general notes for Item 500 for more information regarding work orders and mobilization.

This contract is for callout work. In accordance with Article 9.2 “Plans Quantity Measurement,” plans quantity measurement requirements are not applicable for this contract.

Each contract awarded by the Department stands on its own and as such, is separate from other contracts. A Contractor awarded multiple contracts must be capable and sufficiently staffed to concurrently process any or all contracts.

Prior to beginning operations, the Department will arrange a preconstruction conference between representatives of the Department and the Contractor. In this meeting, the representatives from all parties will discuss the contract, proposed procedures and the plans for performing the work while providing for safe passage of traffic at all times. Specifications, unusual conditions, and other pertinent items regarding the work will also be discussed.

Use care to avoid disturbing the existing roadway surface other than the areas covered in the scope of this contract. Repair any damages caused by Contractor operations. If damage is not corrected, costs associated with the Department making the repairs (including labor and materials) will be deducted from any payment due the Contractor.

Keep the traveled surfaces used in hauling operations free of dirt or other materials.

Do not park personal vehicles of employees within the right-of-way at any time, including any section closed to public traffic, unless the vehicle is being used for the construction procedures.

If approved by the Department, employees may park on the right-of-way at sites where the contractor has his office or equipment and materials storage yard.

Department-approved safety hats and safety vests will be worn by all workers and visitors when:

Workers are outside of vehicles at all outdoor worksites. This includes those who occasionally visit worksites either on the highway surface or right-of-way.

Working in areas where there is a danger of head injury from impact, from falling or flying objects, or from electrical shock or burns.

Non-compliance with this requirement will be grounds for suspension of work.

Contractor employees must comply with the latest ANSI standards for personal protective equipment, as outlined in TMUTCD Section 6E.02 – High Visibility Safety Apparel. Failure to comply will constitute grounds for immediate suspension of work.

General Notes Sheet C

The Contractor is responsible for notifying the utility companies when plans call for work to be accomplished in the general vicinity of any underground utilities located on State right-of-way.

All areas where existing topsoil is disturbed by construction operations will be repaired to satisfaction using topsoil. This topsoil and placement will be subsidiary to the various contract items and will not be paid for directly.

Dispose of all waste material in accordance with all state and federal laws. For waste material disposed of on private property, ensure the material is not visible from a highway. Acquire and furnish to the Department, copies of written agreements between the Contractor and property owner prior to disposal.

Forward copies of all correspondence between any resource agencies as listed in Item 7 or Special Provisions thereto.

The SWP3 for this project will be as directed.

Item 2: Instructions to Bidders

This project includes plan sheets that are not part of the bid proposal. Views plans on-line or download from the web at: https://www.txdot.gov/business/letting-bids/plans-online.html.

Order plans from any of the plan reproduction companies shown on the web at:

http://www.dot.state.tx.us/business/contractors_consultants/repro_companies.htm.

Item 3: Award and Execution of Contract

The Engineer will notify the Contractor in writing to begin the initial operations. Initial work will begin within seven (7) calendar days. After such notice, thereafter, verbal or written notification will be given to the Contractor as the need arises and he will begin work within three (3) calendar days after notification.

This Contract includes non-site-specific work. Multiple Work Orders will be used to procure work of the type identified in the contract at locations that have not yet been determined. Time requirements for the non-site-specific Work Orders will be indicated on each individual Work Order.

Item 4: Scope of Work

Verbally notify the Engineer or his representative by 8:15 a.m. on any day that work is planned but the Contractor will not be working, for whatever reason.

In the event the contract is extended in accordance with Special Provision 004-003, no additional mobilization will be added to the contract or paid for the extension.

General Notes Sheet D

Item 5: Control of the Work

Designate in writing a competent, English-speaking Superintendent employed by the Contractor.

The Superintendent must be experienced in the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Department representatives and to act for the Contractor. The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria.

Attention is directed to the presence of underground utilities owned by the Department (irrigation, signal and illumination) on the right-of-way on this project. Call for locations at the TxDOT Signal Shop (903-799-1360).

Item 7: Legal Relations and Responsibilities

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

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. However, in the event that such controls are necessary, the SWP3 for this project shall consist of the use of any temporary erosion control measures deemed necessary by the Engineer and as provided under this item.

Payment for this work will be determined in accordance with Article 4.4, “Changes in the Work”.

Item 8: Prosecution and Progress

Time charges will be in accordance with Article 8.3.1.5 “Calendar Day.”

Work order time charges will be in accordance with Article 8.3.1.4 “Standard Workweek.”

The Engineer will specify the number of working days granted for each work order.

Work must begin within three (3) working days of verbal notification unless otherwise approved by the Engineer. Written notification will be electronically delivered following verbal notification.

Work on Sundays and national holidays will not be permitted without written permission of the Engineer. Individual work order charge days shall run concurrently with contract time charges.

In accordance with Article 8.6 “Failure to Complete Work on Time,” liquidated damages will be charged for failure to complete each work order in the specified number of days. The amount

General Notes Sheet E assessed per day for liquidated damages will be as specified for the total contract amount under “Schedule of Liquidated Damages.”.

Project Schedules meeting the requirements of Article 5 will not be required on this contract.

Contact the Maintenance Section Supervisor prior to beginning any work.

All work on this contract will be scheduled and directed by the Maintenance Section Supervisors as listed below:

MAINTENANCE

SECTION

MAINTENANCE

SUPERVISOR

TELEPHONE NUMBER

Jefferson Robert Smith 903-665-2692

Unless otherwise directed, prosecute the work continuously to completion of the contract.

Supply an adequate size crew experienced in the type of work described within these specifications and capable of performing the work in a safe and timely manner. Furnish all equipment, tools, and machinery for the proper prosecution of the work. Equipment, tools, and machinery will be on the work site in good operating condition and have all manufacturers' safety features in proper working condition prior to beginning work and remain in place during the prosecution of the work. All equipment, tools, and machinery will be capable of maintaining a continuous work schedule for the satisfactory completion of the project.

Unless otherwise approved, work will not begin before daylight and all operations will stop in sufficient time to have signs removed from the road before dark.

Item 500: Mobilization

In accordance with Item 500 “Mobilization,” a unit of mobilization will be paid per work order issued. Depending on the work needed, there may be multiple locations issued per work order with only one mobilization (call out) paid per work order. Every effort will be made to issue separate work orders when work locations are not reasonable to combine into one work order.

Item 502: Barricades, Signs and Traffic Handling

This contract is for callout work. In accordance with Article 502.4.1.6 “Contracts with Callout Work and Work Orders,” this item will not be paid for separately but will be considered subsidiary to the contract bid items.

Length of lane closures will be as directed based on the demonstrated ability to prosecute the work within the closed section.

General Notes Sheet F

Use Portable Changeable Message Signs as required by the applicable TCP or as directed.

Requirements for PCMS and payment will be handled in accordance with Item 503.

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.

Furnish and install all signs, barricades, and other incidentals necessary for proper traffic control, in accordance with Part VI of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, or as directed. All warning signs must be factory made and in satisfactory condition.

Comply with TCP standards included in these plans. If there is a situation not covered by these standards, then comply with the applicable TCP sheets that are available on the web at:

http://www.txdot.gov/insdtdot/orgchart/cmd/cserve/standard/toc.htm.

Install temporary rumble strips in accordance with WZ(RS) wherever short duration or short-term stationary lane closures are in place and workers are present.

Existing traffic signs which provide conflicting information to the driver during various stages will be covered until such time that a conflict no longer exists.

When necessary, provide flagmen properly attired in a white hard hat, approved safety vest and stop/slow paddle. Provide two-way radios in areas where flagmen do not have visual contact with one another or cannot communicate with one another.

Unless otherwise stated in the plans or approved by the Department, do not begin work before daylight and stop all operations in sufficient time to have the signs removed from the road before dark.

Once work begins at a repair location, diligently prosecute the work until the repair has been completed. If the work at a location cannot be completed the same workday, then barricades and warning signs will be erected as required by standards BC (1-12)-21, the TMUTCD and as directed.

Ensure equipment and materials are a minimum of thirty (30) feet from the edge of the travel lane during non-working hours.

Use “Maintenance Work Zone Speed Limit Signs” as noted on Plan sheet “Summary of Quantities”, or as directed by the Engineer.

When Maintenance “Work Zone Speed Limit Signs” are used the material used shall opaque, such as heavy mil black plastic, or other material which will cover the entire sign face and

General Notes Sheet G maintain their opaque properties under automobile headlight at night, without damaging the sign sheeting.

Item 506: Temporary Erosion, Sedimentation, and Environmental Controls

The SWP3 for this project will be as directed.

Place erosion or pollution control measures deemed necessary by the Engineer. Work performed for which there is no applicable pay items in the contract will be reimbursed in accordance with Article 9.5, “Force Account”.

Item 752: Tree and Brush Removal

Remove trees and stumps as directed by the Engineer. See Summary Sheet in the plans for roadways and limits for tree trimming.

Tree trimming and Brush removal, if included in contract, will be issued as a work order with a mobilization paid.

Tree and Stump removal for the entire maintenance section will be issued as one work order with a mobilization paid.

In the event that time is suspended at the request of the State, another unit of mobilization will be paid when work is resumed.

Cut and remove all trees and stumps as requested. Complete all work in a maintenance section prior to starting in another section, unless otherwise approved. Complete all work on a roadway before starting on another roadway, unless otherwise approved.

In accordance with Article 752.5.1 “Tree Removal,” stumps associated with the tree removal will not be paid for separately but are subsidiary to the tree removal item.

In accordance with Article 752.5.2 “Tree Trimming and Brush Removal,” by the centerline mile of the dimension specified. “Centerline mile” is defined as the continuous measurement along the center of the right-of-way.

The burning of brush will not be permitted on the right-of-way.

Chippers will be permitted so that limbs or trees, of equal to or less than 6 inches, may be chipped for disposal, as approved. Obtain approval prior to use of any/all chippers. Wood chips can be disposed of on the right-of-way provided they are spread and left in a neat appearance and as approved. Do not dispose of wood chips in developed areas or in front of houses.

Remove brush from right-of-way to right-of-way except in areas of established groves. In these areas, remove brush to the tree line unless otherwise directed.

General Notes Sheet H

Trim all limbs to a vertical height of twenty (20) feet above the pavement edge. Trim all limbs below twenty (20) feet to a horizontal distance of thirty (30) feet. This distance will be taken perpendicular of the centerline and from each edge of the pavement. Trim all limbs beyond a horizontal distance of thirty (30) feet to the natural tree line to vertical height of twenty (20) feet above natural ground.

Trim all trees within the specified horizontal distance to the trunk.

Dispose of all limbs that are not chipped off State property according to State and Federal regulations.

Where possible, trim all lower limbs to the trunk to provide a neater appearance and reduce future growth. Cut limbs in a manner that does not damage the tree and as approved.

All limbs, etc., cut by trimming operations must be chipped or removed from the right-of-way prior to the end of the same working day.

Trim trees at all roadway intersections to allow for a safe sight distance, as directed.

Control : 6502-12-001 Project : RMC - A00221700

MARION

SH 49Highway :

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:

MOBILIZATIONITEM 500

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

TREE AND BRUSH REMOVALITEM 752

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

"ACTIVATION OF FEDERAL CONTRACT PROVISIONS" (000---023) SPECIAL PROVISION

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

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

125)

SPECIAL PROVISION

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

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

(004---003) SPECIAL PROVISION TO ITEM 004

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

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

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

DEBRIS REMOVAL AND DISPOSAL7020ITEM

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

FHWA 1273)

WAGE RATES

DISCLOSURE OF LOBBYING ACTIVITIES

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.

2-2

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…