6508-38-001.pdf

Control 6508-38-001 Project RMC - A00223813 Highway US 69 County SMITH

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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Project RMC - A00223813 Highway US 69 County SMITH

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of TRAFFIC CONTROL SERVICES

SMITH 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 730 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:

NINETEEN THOUSAND AND 00/100 (Dollars) ( $19,000.00)

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

ANY CONTRACTORS INTENDING TO BID ON ANY WORK TO BE AWARDED

BY THIS DEPARTMENT MUST SUBMIT A SATISFACTORY “AUDITED FINANCIAL

STATEMENT” AND “EXPERIENCE QUESTIONNAIRE” AT LEAST TEN DAYS

PRIOR TO THE LETTING DATE.

UNIT PRICES MUST BE SUBMITTED IN ACCORDANCE WITH ITEM 2 OF

THE STANDARD SPECIFICATIONS OR SPECIAL PROVISION TO ITEM 2 FOR

EACH ITEM LISTED IN THIS PROPOSAL.

TEXAS DEPARTMENT OF TRANSPORTATION

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That we, (Contractor Name)

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

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

Control 6508-38-001

Project RMC - A00223813

Highway US 69

County SMITH

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 6508-38-001 Project RMC - A00223813 Highway US 69 County SMITH

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 - A00223813

Proposal Sheet

SMITH 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

500 7033

MOBILIZATION (EMERGENCY)

EA 5.000 2 DOLLARS

and CENTS

503 7001

PORTABLE CHANGEABLE MESSAGE SIGN

DAY 100.000 3 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 550.000 4 DOLLARS

and CENTS

505 7002

TMA (MOBILE OPERATION)

HR 100.000 5 DOLLARS

and CENTS

505 7003

TMA (MOBILE OPERATION)

DAY 30.000 6 DOLLARS

and CENTS

790 7020

LANE CLOSURE(MAINTENANCE)(TYP 1)

HR 5,500.000 7 DOLLARS

and CENTS

790 7021

LANE CLOSURE(MAINTENANCE)(TYP 2)

HR 150.000 8 DOLLARS

and CENTS

790 7024

LANE CLOSURE(MAINTENANCE)(TYP 5)

HR 700.000 9 DOLLARS

and CENTS

790 7025

LANE CLOSURE(MAINTENANCE)(TYP 6)

HR 80.000 10 DOLLARS

and CENTS

790 7026

LANE CLOSURE(MAINTENANCE)(TYP 7)

HR 100.000 11 DOLLARS

and CENTS

790 7027

LANE CLOSURE(MAINTENANCE)(TYP 8)

HR 20.000 12 DOLLARS

and CENTS

790 7030

LANE CLOSURE(MAINTENANCE)(TYP 11)

HR 20.000 13 DOLLARS

and CENTS

1-2

RMC - A00223813

Proposal Sheet

SMITH 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.

790 7031

LANE CLOSURE(MAINTENANCE)(TYP 12)

HR 20.000 14 DOLLARS

and CENTS

790 7032

LANE CLOSURE(MAINTENANCE)(TYP 13)

HR 20.000 15 DOLLARS

and CENTS

790 7033

LANE CLOSURE(MAINTENANCE)(TYP 14)

HR 20.000 16 DOLLARS

and CENTS

790 7034

LANE CLOSURE(MAINTENANCE)(TYP 15)

HR 20.000 17 DOLLARS

and CENTS

790 7037

LANE CLOSURE(MAINTENANCE)(TYP 18)

HR 50.000 18 DOLLARS

and CENTS

790 7058

ADDITIONAL LANE CLOSURE ITEM(TYPE

20)

HR 300.000 19 DOLLARS

and CENTS

790 7059

ADDITIONAL LANE CLOSURE ITEM(TYPE

21)

HR 500.000 20 DOLLARS

and CENTS

790 7060

ADDITIONAL LANE CLOSURE ITEM(TYPE

22)

HR 200.000 21 DOLLARS

and CENTS

7007 7001

FLAGGER CONTROL METHOD (HR)

HR 100.000 22 DOLLARS

and CENTS

7007 7002

FLAGGER CONTROL METHOD (DAY)

DAY 100.000 23 DOLLARS

and CENTS

7010 7002

MAINTENANCE SPEED LIMIT SIGNING

DAY 20.000 24 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.

ENGINEER SEAL

Project RMC - A00223813

Highway US 69 County SMITH

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

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

The seal appearing on this document was authorized by:

David J. Clark P.E.

September 15, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

147377

David J. Clark

Project Number: RMC 650838001 Sheet 3

County: SMITH Control: 6508-38-001

Highway: US 69, ETC.

General Notes Sheet A

GENERAL NOTES:

GENERAL.

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

Josh Fulton, P.E. Area Engineer Josh.Fulton@txdot.gov Bryce Moss, P.E. Assistant Area Engineer Bryce.Moss@txdot.gov

For Q&A on Proposals navigate to:

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

Use 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 and click on the link in the window that pops up to view the Q&A.

All relevant project documentation including Contract Time Determinations and cross-sections will still be posted to the districts FTP website.

https://ftp.dot.state.tx.us/pub/txdot-info/Pre- Letting%20Responses/Tyler%20District/Maintenance%20Projects

ITEM 4. SCOPE OF WORK

This contract is to provide non-site specific Traffic Control services in Cherokee County.

Point of contact for this contract will be:

Jesse Kyle Tyler Maintenance Supervisor 903-675-3809 Rebecca Petty Tyler Asst. Maintenance Supervisor 903-283-9178

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 prosecute any or all contracts at the same time.

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.

mailto:Bryce.Moss@txdot.gov https://tableau.txdot.gov/views/ProjectInformationDashboard/NoticetoContractors https://ftp.dot.state.tx.us/pub/txdot-info/Pre-Letting%20Responses/Tyler%20District/Maintenance%20Projects https://ftp.dot.state.tx.us/pub/txdot-info/Pre-Letting%20Responses/Tyler%20District/Maintenance%20Projects

General Notes Sheet B

ITEM 5. CONTROL OF WORK

Contractor must designate a Point of Contact with a phone number for emergency contact.

In the event that emergency traffic control services are requested, the contractor must have an English-speaking employee available to report to the requested location within 30 minutes of notification plus adequate travel time.

A minimum of 12 hour verbal notice will be given by designated Department personnel. At a minimum, the Contractor must be able to provide 2 (Two) - 3-man crews, rumble strips, and trucks capable of hauling traffic control devices to each location. Contractor must be able to provide any additional traffic control devices (attenuators, portable changeable message boards, etc.) as required in the notice.

Each morning the Contractor will report to the predesignated location, determined by the TxDOT Engineer, to receive directions for required traffic control plan, schedule of work and locations for that day.

Time for determining pay for each Work Order will begin when the Contractor’s full work crew is present at the designated time and location determined by the TxDOT Engineer. Time will stop 30 minutes after the Engineer releases the Contractor to remove the Traffic Control Plan unless approved by the Engineer.

After the Engineer has released the Contractor to begin set-up of the Traffic Control Plan at the work site, the Traffic Control Plan shall be set-up and ready for use within 1 hour. Contractor is subject to Non-Compliance Liquidated Damages when the set-up is not completed and ready for use at the end of 1 hour.

All personnel shall be knowledgeable and capable of setting up and performing all traffic control operations prior to arriving on the project.

Provide adequate personnel to continuously operate each truck mounted attenuators for each traffic control setup.

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.

Do not park personal vehicles of employees within the right-of-way at any time, unless the vehicle is being used for the construction procedures. The contractor is not allowed to use any TxDOT location for staging or storage of equipment.

General Notes Sheet C

Provide two-way radios in areas where flagmen do not have visual contact or cannot communicate with one another.

Provide flaggers at the ends of all work areas and at all other points of conflict with roadway machinery and roadway traffic when and as directed.

Regulate all construction activities and equipment to minimize inconvenience to the traveling public at points where it is necessary for trucks to stop, load, or unload, provide warning signs and flaggers to protect the traveling public.

Erect signs in locations that do not obstruct the traveling public’s view of the normal roadway signing or necessary sight distance or intersections and curves.

Existing traffic signs, which provide conflicting information to the driver during various stages, will be covered until such time that a conflict does not exist.

The roadway must be entirely open to traffic each night. Remove or clearly barricade all material stockpiles, equipment left overnight, or any obstruction within 30 ft. of a travel way as approved.

Restrict movement of construction equipment and haul trucks to all paved surfaces. Do not allow construction equipment and haul trucks to cross the median unless specifically authorized. Use entrance and exit ramps for ingress and egress to the mainlanes.

If work operations are cancelled by the Department less than one hour prior to the scheduled arrival time, the Department will pay 2 hours for the items requested for the day.

Once work operations have begun for the day, should the Department decide to stop work operations for the convenience of the Department, the Contractor will receive pay for a minimum of 2 hours per item requested for that day or for the actual number of hours used per item, whichever is greater.

LIQUIDATED DAMAGES FOR NON-COMPLIANCE: Liquidated Damages for non-compliance will be at the rate specified in Special Provision (SP) 000-224. The Contractor will be assessed for each day and each Work Order in which the Contractor is non-compliant to perform proper prosecution of the work, in the opinion of the Engineer. Non-compliance will be defined as the following:

1. Contractor fails to begin work at the specified time and/or location

2. Contractor does not have all equipment and/or Traffic Control Plan devices to begin work at the specified time and/or location(s) necessary to meet the requirements specified in the Contract to implement the Work Order.

General Notes Sheet D

3. Contractor does not have the necessary number of qualified personnel required to safely install, maintain and remove the applicable Traffic Control Plan.

4. The Traffic Control Plan is not set-up and ready for use within the 1st hour after the Engineer releases the Contractor to install the Traffic Control Plan. The Engineer has authorization to waive Non-compliance Liquidated Damages for exceeding the 1st hour when traffic conditions or complexity of the Traffic Control Plan impacted the Contractor’s ability to meet this requirement.

The amount of Liquidated Damages for non-compliance will be deducted from the estimate period in which the non-compliance occurred.

ITEM 7. LEGAL RELATIONS AND RESPONSIBILITIES

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, working in areas where there is a danger of head injury from falling or flying objects, or from electrical shock or burns. This includes those who occasionally visit worksites either on the roadway or on the right-of-way.

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

The full crew will be required to participate in a tail-gate meeting prior to work starting each day.

TEM 8. PROSECUTION AND PROGRESS

Seven hundred thirty (730) calendar days have been allocated for this project.

Working days will be computed and charged in accordance with Section 8.3.1.5., “Calendar Days.”

Project schedules meeting the requirements of Article 5 will not be required for this contract.

ITEM 500. MOBILIZATION

In the event the contract is extended in accordance with Special Provision 004-002, no additional mobilization will be added to the contract or paid for the extension.

Item 500-7033 “MOBILIZATION (EMERGENCY)” is to be used for Traffic Control set-ups used during disasters. After the call-out, the contractor shall utilize the bid schedule pricing for TCP as listed in this contract.

General Notes Sheet E

ITEM 505. TRUCK MOUNTED ATTENUATOR (TMA)

Shadow vehicles with truck mounted attenuator (TMA) are required on the traffic control plan and TCP standards for this project. The Contractor will be responsible for determining if one or more of these traffic control operations will be ongoing at the same time to determine the total number of TMAs needed for the project. Additional truck mounted attenuators (TMAs) may be required as deemed necessary by the Engineer.

Provide truck-mounted attenuators (TMA) as shown on the appropriate traffic control plan sheets. Provide a letter certifying that all TMA used on this project meet NCHRP 350 or AASHTO Manual for Assessing Safety Hardware (MASH) requirements.

Price for truck mounted attenuators will include providing the truck mounted attenuator operator.

ITEM 790. LANE CLOSURES

For the purposes of this contract, divided highways shall be treated as a freeway by definition and Lane Closure Items Type 7, 12, and 13 will be allowed on any divided highways within the locations of this contract.

Install temporary rumble strips in accordance with WZ(RS)-22 whenever short duration or short-term stationary lane closures are in place and workers are present.

The traffic control plan for this Contract consists of the installation and maintenance of warning signs and other traffic control devices shown on the plans; specification data, which may be included in the general notes; applicable provisions of the Texas Manual on Uniform Traffic Control Devices (TMUTCD); traffic control plan sheets included on the plans; standard BC sheets; Compliant Work Zone Traffic Control Device List, Handbook of Safe Practices, and Item 790 of the standard specifications.

Inspect and correct deficiencies each day throughout the duration of the Contract.

Sign all roads intersecting the project in accordance with current BC standards.

Refer to the traffic control plan sheets for traffic handling through the work area. Contractor may vary the signing arrangement and spacing as necessary to fit field conditions; however, any proposed changes in the traffic control plan must be approved by the Engineer before implementation.

High-visibility safety apparel is required for workers in accordance with the General Notes on current BC standards.

General Notes Sheet F

Place and maintain signs and flaggers to direct and route traffic at any location and for any period of time as may be required or directed.

When operations require a lane closure, provide cones, vertical panels, drums, signs, flaggers, and flashing arrow panels as necessary to route traffic around the closed lane as shown on the plans and as directed. Lane closures will be limited to one specific lane as directed.

Maintain existing roadside signs within this project’s limits during this Contract. In order to accommodate the grading or other operations, temporarily relocate these signs in accordance with the TMUTCD as directed. This work will not be paid for directly, but will be subsidiary to Item 790 “Lane Closure”.

When operations require a sidewalk closure, use traffic control devices that control pedestrian flow as necessary to route pedestrians around the closed sidewalk as shown on sidewalk closures and bypass walkway sheet as directed.

The use of edge-line channelizers will not be allowed unless a plan is submitted and approved by the Engineer demonstrating the proper use of color and sheeting configuration.

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 that are not provided by the Department, 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.

Install and maintain temporary traffic control devices, barricades, and channelizing devices in accordance with the type of traffic control plan specified or as directed. Provide rumble strips and truck mounted attenuators as required. Rumbles strips and arrow boards as shown on the traffic control plan will not be paid for by separate pay items, but will be considered subsidiary to Item 790 “Lane Closures” of the type specified.

Provide additional portable changeable message signs or arrow boards not shown on the TCP standard but required by the Department. All portable changeable message signs and truck mounted attenuators will be paid for as separate bid items.

Additional arrow boards required by the Department but not shown on the traffic control plan will be paid under a separate bid item. Item 790-7060“Additional Lane Closure Item (Type 22)”

General Notes Sheet G

If traffic control plan requires more than two flaggers, additional flaggers will be paid for under Item 790-7058 “Additional Lane Closure Item (Type 20)”

ITEM 7010. MAINTENANCE SPEED LIMIT SIGNING

Furnish and install work zone/reduce speed ahead and work zone/speed limit signs in accordance with the Maintenance Work Zone Speed Limit Signs standards at locations as established by the Engineer. Signs mounting will be as directed by the Engineer.

Installation, removal, and maintenance of this work will be paid for under Item 7010-7002 “MAINTENANCE SPEED LIMIT SIGNING” by the day.

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 : 6508-38-001 Project : RMC - A00223813

SMITH

US 69Highway :

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

PORTABLE CHANGEABLE MESSAGE SIGNITEM 503

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

LANE CLOSURES(502) (503) (505) ITEM 790

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

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

125)

SPECIAL PROVISION

"SCHEDULE OF LIQUIDATED DAMAGES" (000---224) SPECIAL PROVISION

(002---003) (002---004) SPECIAL PROVISIONS TO ITEM 002

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

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

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

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

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

TRAFFIC CONTROL FLAGGING7007ITEM

MAINTENANCE SPEED LIMIT SIGNING7010ITEM

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

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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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

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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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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.

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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, ◼…