Control 6502-33-001 Project RMC - A00221774 Highway SH 75 County FREESTONE

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 6502-33-001 Project RMC - A00221774 Highway SH 75 County FREESTONE

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of CRACK SEAL

FREESTONE 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 49 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:

FIVE THOUSAND AND 00/100 (Dollars) ( $5,000.00)

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

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 6502-33-001

Project RMC - A00221774

Highway SH 75

County FREESTONE

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 6502-33-001 Project RMC - A00221774 Highway SH 75 County FREESTONE

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 - A00221774

Proposal Sheet

FREESTONE 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 7001

MOBILIZATION

LS 1.000 1 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 26.000 2 DOLLARS

and CENTS

712 7001

JT / CRCK SEAL (RUBBER - ASPHALT)

LMI 256.320 3 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.

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 1 -

GENERAL NOTES:

DEBT TO THE STATE:

If the Comptroller is currently prohibited from issuing a warrant to the Contractor because of a debt owed to the State, then the Contractor agrees that any payment owing under the contract will be applied toward the debt or delinquent taxes until the debt or delinquent taxes are paid.

GENERAL:

Contractor is expected to perform a site inspection to evaluate the work locations in this Contract. This is encouraged so proposals take into account the variability in work effort and materials needed to clean and crack seal each location per specifications and direction found in this Contract.

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

Paul M. Ray, P.E. – District Maintenance – Paul.Ray@txdot.gov Michael Estillette – District Maintenance – Michael.Estillette@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 2 – INSTRUCTIONS TO BIDDERS:

View (Chrome, Edge, or Firefox) plan sheets on-line or download from the web at:

http://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

By signing this proposal, the Contract bidder acknowledges they have a copy of the “Standard Specifications for Construction of Highways, Streets and Bridges”, adopted by the Texas Department of Transportation, September 1, 2024.

mailto:Paul.Ray@txdot.gov mailto:Michael.Estillette@txdot.gov https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftableau.txdot.gov%2Fviews%2FProjectInformationDashboard%2FNoticetoContractors&data=05%7C01%7CDaniel.Marquez%40txdot.gov%7Cfb8146ede9814eda984a08daf89a2921%7C39dba4765c094c6391dace7a3ab5224d%7C0%7C0%7C638095638239902303%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=x8rX%2FFFci59GIlMLBplQbozoDsYTHU4ruT8l9hP8NCQ%3D&reserved=0 http://www.txdot.gov/business/letting-bids/plans-online.html http://www.dot.state.tx.us/business/contractors_consultants/repro_companies.htm

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 2 -

ITEM 3 – AWARD AND EXECUTION OF CONTRACT:

Prior to beginning operations, the Department will arrange a mandatory preconstruction conference between representatives of the Department and the Contractor to discuss execution of the Contract.

This Contract is independent of other active Contracts. If the Contractor is awarded multiple Contracts, they should expect Work Orders between the awarded Contracts to overlap and plan for equipment, materials and crews to be available to prosecute all Contracts for which they have been awarded.

The Contractor is responsible to distribute resources to complete all assigned Work Orders without incurring liquidated damages. Use of multiple crews to complete Work Orders will not be paid for directly but will be subsidiary to pertinent items.

ITEM 7 – LEGAL RELATIONS AND RESPONSIBILITIES:

Personal Protective Equipment (PPE) meeting Occupational Safety and Health Standards (OSHA 29 CFR 1910 and 1926) shall be worn by all workers and visitors when out of the vehicle (including equipment operators) in the work zone. This consists of but is not limited to PPE for eyes, face, head, extremities, clothing, respiratory devices, and protective shields.

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

This project is on a hurricane evacuation route. Furnish at the pre-construction meeting a written plan outlining procedures to suspend work, secure the job site and safely handle traffic through and across the project in the event of a hurricane evacuation.

During the hurricane season (June 1 through November 30), do not close any travel lanes except when the Contractor can demonstrate that he can provide labor, equipment, material, work plan, and quality of work to satisfactorily return all lanes to an open, all-weather travel surface within three days of receiving written or verbal notice but no later than 3 days prior to hurricane landfall. Construction of temporary lanes to an all-weather surface will be paid in accordance with Article 9.7, “Payment for Extra Work and Force Account Method”.

In addition to lane closures, cease work 3 days prior to hurricane landfall on or near the roadway that adversely impacts the flow of traffic and reduces the capacity of the highway during an evacuation. Prohibit the Contractor’s, sub-contractors’ or material suppliers’

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 3 -vehicles from entering or exiting the stream of traffic including material hauling and delivery, and mobilization or demobilization of equipment. When directed, this prohibition will include a reasonable time period for the evacuees to return to their point of origin.

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

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

Primary Evacuation Routes: IH 45, US 290, SH 6, SH 36

Secondary Evacuation Routes: US 79, US 84, SH 7, SH 30, SH 21, SH 105.

Other routes may be designated.

ITEM 8 – PROSECUTION AND PROGRESS:

Work on this Contract is not allowed before December 1, 2026 and must be completed by February 6, 2027. Work will not be allowed and time will be credited from December 22, 2026 through January 1, 2027 due to holidays and holiday traffic.

Working days are computed and charged in accordance with Section 8.3.1.2. “Six-Day Workweek.”

Report each day, or as directed, prior to the beginning of work to the maintenance supervisor of the county as to the time(s), location(s), and work expected for inspection and acceptance as it develops and/or is completed. Notify the Engineer any time that work will not be performed by 7:15 a.m. of that day.

The contractor will cease operations when the ambient temperature is 85 degrees or higher for 3 consecutive days or as determined by the Engineer.

If the Contract is not completed in the allotted days provided, liquidated damages will be charged in accordance with SP 000-031 for each day until the work is accepted by the Engineer as completed.

Provide the sequence of work with an estimated project schedule to the Engineer for approval prior to commencing any work on this contract. By noon of each Wednesday, provide the Engineer a written outline of the daily work schedule for the following week. Include in the outline the times and places for proposed traffic control changes, lane and

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 4 -shoulder closures, and moving operations or other operations that affect traffic on the roadway.

Do not commence work before sunrise and arrange work so that no equipment and/or personnel will be on any traveled roadway or picnic area and lanes reopened to traffic by thirty (30) minutes before sunset when utilizing temporary lane closures.

On Friday before Texas A&M home football games or other special event days such as Texas A&M graduation, Parents Weekend, etc., the Engineer may decide that no construction operations will take place that impact traffic after 12:00 noon. A credit day will be given if this decision is made.

ITEM 502 – BARRICADES, SIGNS, AND TRAFFIC HANDLING:

Item 502 “BARRICADES, SIGNS AND TRAFFIC HANDLING” will not be paid for directly but subsidiary to various bid items.

Provide all traffic control for this project. The traffic control plan (TCP) will be governed by PART VI of the TMUTCD, TxDOT standard sheets, TCP standard sheets and as directed by the Engineer. Additional signing and/or barricades shown in the TMUTCD, BC, and TCP standards may be required by the Engineer to insure the safety of the traveling public.

All work shall be performed using a lane closure set up.

Lane closures are limited to a maximum of two (2) miles.

Engineer has authority to direct the Contractor to revise TCP limits and/or operations if traffic delays consistently exceed 5 minutes in duration.

During one-way operations, station flaggers at all county roads and any other locations, such as private businesses, that may have traffic entering the work area. If utilized, additional flaggers shall be considered subsidiary to other pertinent bid items.

Mount a G20-4 sign on the rear of the pilot vehicle.

Rumble strips shall be used as detailed in Standard Sheet TCP “WZ(RS)-22”. This item is subsidiary to various bid items.

Truck Mounted Attenuators (TMA) will be used for the applicable traffic control plan setup for work being performed. TMA’s will be paid for under Item 505 “TRUCK MOUNTED

ATTENUATOR (TMA) AND TRAILER ATTENUATOR (TA)”.

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 5 -

ITEM 505 – TRUCK MOUNTED ATTENUATOR (TMA) AND TRAILER

ATTENUATOR (TA):

The truck mounted attenuators (TMA) as shown in the Traffic Control Plan Standard Sheets are not optional and are required to be mounted on each shadow vehicle.

TMA’s shall meet the requirements of the Compliant Work Zone Traffic Control Device List.

https://www.txdot.gov/content/dam/docs/mpl/cwztcd.pdf

TMA’s will be paid under Item 505-7001 ‘TMA (STATIONARY)’

The TMA used for set-up and removal of the Traffic Control Plan is deemed to be the one and the same TMA used during maintenance of the Traffic Control Plan.

Submit to the Engineer on or before the pre-construction meeting a letter certifying all TMA devices used on the project meet NCHRP 350 or AASHTO Manual for assessing Safety Hardware (MASH) requirements.

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

TMA days will be calculated based on production rate for the work. Any work orders that exceed the allotted work order days will incur liquidated damages and shall not receive payment for any additional TMA days (Item 505) beyond the allotted work order days.

ITEM 506 – TEMPORARY EROSION, SEDIMENTATION AND ENVIRONMENTAL

CONTROLS:

It is not anticipated that any erosion control devices will be needed on this project. However, in the event that any devices are needed, payment for the work will be determined in accordance with Article 9.7, “Payment for Extra Work and Force Account Method”.

ITEM 712 – CLEANING AND SEALING JOINTS AND CRACKS (ASPHALT

CONCRETE):

Clean and seal joints and cracks that are 1/8 in. or greater in width.

Clean cracks to the satisfaction of the Engineer, or his/her representative prior to sealing. Seal cracks completely with crack sealer from edge of pavement to edge of pavement. Shoulders 6 ft.

wide and less are considered subsidiary to the travel lane.

Clean joints and cracks to the satisfaction of the Engineer with air blast cleaning to a depth at least twice the width of the joint or crack. Equipment used for cleaning cracks shall be capable of delivering a minimum of 125 PSI of air pressure with an orifice of at least 0.5 inches in size.

https://www.txdot.gov/content/dam/docs/mpl/cwztcd.pdf

Project Number: RMC 6502-33-001 County: Freestone, Etc

Control: 6502-33-001 Highway: SH 75, Etc

- 6 -

Use of turbine blowers of any type for cleaning debris from cracks shall not be allowed.

Joints and cracks must be free of moisture before sealing.

Apply fine aggregate as needed to prevent tracking. Clean road of debris removed from cracks and open to traffic as soon as possible, but not later than the end of the work day. This work is subsidiary to various bid items.

For cracks wider than 1-1/2 in. that call for “Fiber Reinforced Polymer Patching Material,” Class B rubber-asphalt crack sealer as described in Table 16 of Item 300 may be used as an alternate patching material.

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.

Control : 6502-33-001 Project : RMC - A00221774

FREESTONE

SH 75Highway :

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

CLEANING AND SEALING JOINTS AND CRACKS (ASPHALT PAVEMENT)(300)

(341) (721)

ITEM 712

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

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

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

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

125)

SPECIAL PROVISION

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

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

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

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

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

CHILD SUPPORT STATEMENT

Under section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

CONFLICT OF INTEREST CERTIFICATION

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

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

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

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

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

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

E-VERIFY CERTIFICATION

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

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

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

_BPSDocName 1-1

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

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

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

3) on completion of the contract, either:

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

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

By entering into Contract, the Contractor agrees to:

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

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

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

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

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

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

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

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

CERTIFICATION TO NOT BOYCOTT ISRAEL

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

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

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

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

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

CERTIFICATION TO NOT BOYCOTT ENERGY COMPANIES

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

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

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

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

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

CERTIFICATION TO NOT DISCRIMINATE AGAINST

FIREARM ENTITIES OR FIREARM TRADE ASSOCIATIONS

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

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

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

This provision applies to a contract that:

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

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

3) has a 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

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.

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1 06-23 Statewide

Special Provision to Item 000

Nondiscrimination

1. DESCRIPTION

All recipients of federal financial assistance are required to comply with various nondiscrimination laws, including Title VI of the Civil Rights Act of 1964, as amended (Title VI). Title VI forbids discrimination against anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal funds.

The Texas Department of Transportation, as a recipient of federal financial assistance, and under Title VI and related statutes, ensures that no person will on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment in accordance with 42 USC 2000d-3), color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities.

2. DEFINITION OF TERMS

Where the term “Contractor” appears in the following six nondiscrimination clauses, the term “Contractor” is understood to include all parties to Contracts or agreements with the Department.

3. NONDISCRIMINATION PROVISIONS

During the performance of this Contract, the Contractor agrees as follows.

3.1. Compliance with Regulations. The Contractor must comply with the Regulations pertinent to nondiscrimination in federally assisted programs of the United States Department of Transportation 49 CFR 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract.

3.2. Nondiscrimination. The Contractor, regarding the work performed during the Contract, must not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor must not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.

3.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, the Contractor must notify each potential subcontractor or supplier of the Contractor’s obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

3.4. Information and Reports. The Contractor must provide all information and reports required by the Regulations or directives issued pursuant thereto, and must permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Recipient or the Department to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor must so certify to the Recipient, or the Department as appropriate, and must set forth what efforts it has made to obtain the information.

3.5. Sanctions for Noncompliance. In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this Contract, the Recipient must impose such Contract sanctions as it or the Department may

2024 Specifications 000-001

2 06-23 Statewide determine to be appropriate, including, but not limited to actions defined in Article 7.1., “Ethics,” or Article 5.1., “Authority of Engineer.”

3.6. Incorporation of Provisions. The Contractor must include the provisions of Sections 3.1–3.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor must take such action with respect to any subcontract or procurement as the Recipient or the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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1 - 1 07-23

Special Provision 000 Certificate of Interested Parties (Form 1295)

Submit Form 1295, “Certificate of Interested Parties,” in the following instances:

at Contract execution for Contracts awarded by the Commission, at Contract execution for Contracts awarded by the District Engineer or Chief Engineer with an award amount of $1 million or more, at any time an existing Contract awarded by the District Engineer or Chief Engineer increases in value to $1 million or more because of changes in the Contract, at any time there is an increase of $1 million or more to an existing Contract (e.g., change orders, extensions, and renewals), and at any time there is a change to the information in Form 1295, when the form was filed for an existing Contract.

Form 1295 and instructions for completing and filing the form are available on the Texas Ethics Commission website.

2024 Specifications 000-031

1 - 1 09-24

Schedule of Liquidated Damages

For Dollar Amount of Original Contract Dollar Amount of Daily Contract Administration Liquidated Damages per Working Day

From More Than To and including

0 1,000,000 760

1,000,000 3,000,000 968

3,000,000 5,000,000 1107

5,000,000 15,000,000 1527

15,000,000 25,000,000 2095

25,000,000 50,000,000 3072

50,000,000 Over 50,000,000 5093

In addition to the amount shown in Table 1, the Liquidated Damages will be increased by the amount shown in Item 8 “Prosecution and Progress,” of the General Notes for Road User Cost (RUC), when applicable.

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1 - 2 09-25

Notice of Contractor Performance Evaluations

1. GENERAL

In accordance with Texas Transportation Code §223.012, the Engineer will evaluate Contractor performance based on quality, safety, and timeliness of the project.

2. DEFINITIONS

2.1. Project Recovery Plan (PRP). A formal, enforceable plan developed by the Contractor, in consultation with the District, that documents the cause of noted quality, safety, and timeliness issues and specifies how the Contractor proposes to correct project-specific performance deficiencies.

In accordance with 43 TAC §9.23, the District will request a PRP if the Contractor’s performance on a project is below the Department’s acceptable standards and will monitor the Contractor’s compliance with the established plan.

2.2. Corrective Action Plan (CAP). A formal, enforceable plan developed by the Contractor and proposed for adoption by the Construction Division or Maintenance Division, that documents the cause of noted quality, safety, and timeliness issues and specifies how the Contractor proposes to correct statewide performance deficiencies.

3. CONTRACTOR EVALUATIONS

In accordance with 43 TAC §9.23, the Engineer will schedule evaluations at the following intervals, at minimum:

◼ interim evaluations at or within 30 days after the anniversary of the date work began under the Contract, for Contracts extending beyond 1 yr. and

◼ final evaluation, upon project closeout.

In case of a takeover agreement, neither the Surety nor its performing Contractor will be evaluated.

In addition to regularly scheduled evaluations, the Engineer may schedule an interim evaluation at any time to formally communicate issues with quality, safety, or timeliness. Upon request, work with the Engineer to develop a PRP to document expectations for correcting deficiencies.

Comply with the PRP as directed. Failure to comply with the PRP may result in additional remedial actions available to the Engineer under Item 5, “Control of the Work.” Failure to meet a PRP to the Engineer’s satisfaction may result in immediate referral to the Performance Review Committee for consideration of further action against the Contractor.

The Engineer will consider and document any events outside the Contractor’s control that contributed to the failure to meet performance standards or comply with a PRP, including consideration of enough time.

Follow the escalation ladder if there is a disagreement regarding an evaluation or disposition of a PRP. The Contractor may submit additional documentation pertaining to the dispute. The District Engineer’s decision on a Contractor’s evaluation score and recommendation of action required in a PRP or follow-up for noncompliance is final.

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4. DIVISION OVERSIGHT

Upon request of the Construction Division or Maintenance Division, develop and submit for Division approval a proposed CAP to document expectations for correcting deficiencies in the performance of projects statewide.

Comply with the CAP as directed. The CAP may be modified at any time up to completion or resolution after written approval of the premise of change from the Division. Failure to meet an adopted or revised adopted CAP to the Division’s satisfaction within 120 days will result in immediate referral to the Performance Review Committee for consideration of further action against the Contractor.

The Division will consider and document any events outside the Contractor’s control that contributed to the failure to meet performance standards or comply with a CAP, including consideration of enough time and associated costs as appropriate.

5. PERFORMANCE REVIEW COMMITTEE

The Performance Review Committee, in accordance with 43 TAC §9.24, will review at minimum all final evaluations, history of compliance with PRPs, any adopted CAPs including agreed modifications, any information about events outside a Contractor’s control contributing to the Contractor’s performance, and any documentation submitted by the Contractor and may recommend one or more of the following actions:

◼ take no action, ◼ reduce the Contractor’s bidding capacity, ◼ prohibit the Contractor from bidding on one or more projects, ◼ immediately suspend the Contractor from bidding for a specified period of time, by reducing the

Contractor’s bidding capacity to zero, or ◼ prohibit the Contractor from being awarded a Contract on which they are the apparent low bidder.

If the Performance Review Committee determines that one or more actions listed above is appropriate, the Committee may recommend that the action or actions also be taken against an entity that the Committee determines, in accordance with 43 TAC §9.27 (relating to Affiliated Entities), is affiliated with the Contractor.

The Deputy Executive Director will determine any further action against the Contractor.

6. APPEALS PROCESS

In accordance with 43 TAC §9.25, the Contractor may appeal remedial actions determined by the Deputy Executive Director.

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1 - 1 09-25

Special Provision to Item 2

Instructions to Bidders

Item 2, “Instructions to Bidders” of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed.

Article 7., “Nonresponsive Bid,” is voided and replaced by the following.

The Department will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive:

the bid was not in the hands of the Letting Official at the time and location specified in the advertisement, a proposal form was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates, unless the Executive Director has granted an affiliation exception under 43 TAC § 9.12, the Bidder was not authorized to receive a proposal form under Article 2.3., “Issuing Proposal Forms,” the Bidder failed to acknowledge receipt of all addenda issued, the proposal form was signed by a person who was not authorized to bind the Bidder or Bidders, the proposal guaranty did not comply with the requirements contained in this Item, the bid was in a form other than the official proposal form issued by the Department, the Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the proposal form, the Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an item, a typed proposal form does not contain the information in the format shown on the “Example of Bid Prices Submitted by

Computer Printout” on the proposal form, the Bidder did not meet…