6508-74-001.pdf

Control 6508-74-001 Project RMC - A00223881 Highway US 290 County WALLER

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 - A00223881 Highway US 290 County WALLER

PROPOSAL TO THE TEXAS

TRANSPORTATION COMMISSION

2024 SPECIFICATIONS

Work Consisting of METAL BEAM GUARD FENCE REPAIR

WALLER COUNTY, TEXAS

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

This project is to be completed in 365 calendar days and will be accepted when fully completed and finished to the satisfaction of the Executive Director or designee.

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

ELEVEN THOUSAND AND 00/100 (Dollars) ( $11,000.00)

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 6508-74-001

Project RMC - A00223881

Highway US 290

County WALLER

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 6508-74-001 Project RMC - A00223881 Highway US 290 County WALLER

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 - A00223881

Proposal Sheet

WALLER FORM 234-B I-61-5M

TxDOT PROJECT

COUNTY

ALT

ITEM-CODE

UNIT BID PRICE ONLY.

WRITTEN IN WORDS UNIT APPROX

QUANTITIES

DEPT

USE

ONLY

ITEM

NO.

DESC

CODE

S.P.

No.

500 7002

MOBILIZATION (CALLOUT)

EA 60.000 1 DOLLARS

and CENTS

500 7033

MOBILIZATION (EMERGENCY)

EA 5.000 2 DOLLARS

and CENTS

505 7001

TMA (STATIONARY)

DAY 150.000 3 DOLLARS

and CENTS

512 7017

PORT CTB (DES SOURCE)(F-SHAPE)(TY 1)

LF 1,100.000 4 DOLLARS

and CENTS

770 7026

REPLACE DOWNSTREAM ANCHOR

TERMINAL

EA 10.000 5 DOLLARS

and CENTS

770 7035

REPLACE W-BEAM RAIL

LF 3,000.000 6 DOLLARS

and CENTS

770 7036

REPLACE THRIE-BEAM RAIL

LF 40.000 7 DOLLARS

and CENTS

770 7037

REPLACE GUARDRAIL END TREATMENT

SYSTEM

EA 40.000 8 DOLLARS

and CENTS

770 7038

REPLACE CURVED RAIL

LF 50.000 9 DOLLARS

and CENTS

770 7041

REPLACE GDRL END TREATMENT MRKR

EA 40.000 10 DOLLARS

and CENTS

771 7026

REPLACE LINE OR TERMINAL POST

(GIBRAL)

EA 800.000 11 DOLLARS

and CENTS

771 7030

CHECK AND RE-TENSION CABLE SYSTEM

EA 60.000 12 DOLLARS

and CENTS

771 7031

REPLACE CABLE

LF 40.000 13 DOLLARS

and CENTS

1-2

RMC - A00223881

Proposal Sheet

WALLER 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.

771 7033

SPLICE CABLE

EA 10.000 14 DOLLARS

and CENTS

778 7004

CONCRETE RAIL REPLACEMENT (IN-KIND)

LF 40.000 15 DOLLARS

and CENTS

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CERTIFICATION OF INTEREST IN OTHER BID

PROPOSALS FOR THIS WORK

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

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

________ YES

________ NO

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

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

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

DISCLOSURE OF LOBBYING ACTIVITIES

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

1. Type of Federal Action:

a. contract

b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

b. initial award

c. post-award

3. Report Type:

a. initial filing

b. grant

For material change only:

year _______ quarter _____ date of last report ___________

4. Name and Address of Reporting Entity:

Prime Subawardee Tier __________, if known:

Congressional District, if known:

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

Congressional District, if known:

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

CFDA Number, if applicable: _____________________________

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

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

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

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

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

$ ___________________________ actual planned

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

a. retainer

b. one-time fee

c. commission

d. contingent fee

e. deferred

f. other; specify: _______________________________

12. Form of Payment (check all that apply)

a. cash

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

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

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

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

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

Signature: __________________________________________

Print Name: _________________________________________

Title: ______________________________________________

Telephone No: _____________________ Date: ___________

FEDERAL USE ONLY Authorized for Local Reproduction Standard Form - LLL

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

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

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

2. Identify the status of the covered Federal action.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046

CONTINUATION SHEET

Authorized for Local Reproduction

Standard Form - LLL-A

Reporting Entity: ____________________________________ Page ______ of ______

ENGINEER SEAL

Project RMC - A00223881

Highway US 290 County WALLER

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:

AGUSTIN MARTINEZ, JR P.E.

September 14, 2026

Seal Applies to CSJ(s):

All CSJs within the Contract

AGUSTIN MARTINEZ, JR

155870

County: Waller GENERAL NOTES

Highway: US 290, ETC.

Control: RMC 6508-74-001 Sheet 1

SUPERVISION:

All work will be scheduled and directed by, and request for payment addressed to:

Clifford Dawson

Waller Area Maintenance Supervisor

400 FM 1488

Hempstead, TX 77445

979-921-2400

General:

Submit any questions about this project via the “Letting Pre-Bid Q&A” web page, located at:

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

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

This is a 365 Calendar Day Routine Maintenance Non-Site-Specific Call-Out contract.

The Contractor will begin call out work within the required time for each work order. Work orders are expected to be completed per the contract plans within the number of days allowed for each work order. All call out work orders will have a begin date and number of working days.

The Contractor will begin work within 48 hours of notification for routine call outs, unless otherwise approved by the Engineer. Work will be completed within the required number of working days. The Contractor will begin work within 2 hours of notification for emergency call outs and complete within 7 hours, unless otherwise approved by the Engineer. Failure to begin work within the required time and proceed to completion within the required time will result in the assessment of liquidated damages.

Provide one crew 7 days a week, 24 hours a day for the duration of the contract.

Plan and execute all work in a neat manner.

Perform work on an as-needed basis where directed.

The Engineer will determine the exact location of a day’s work.

Notify the Department by 7:30 a.m. when scheduled work is cancelled for any reason.

Furnish a welding unit, cutting torch, with a competent operator, each day of work.

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

Control: RMC 6508-74-001 Sheet 2

Unless otherwise shown on the plans, RAP generated by this project will become the property of the Contractor for use in the current construction project or in future projects.

Work will not be permitted when impending bad weather or low temperatures may impair the quality of work.

The following standard detail sheets are modified:

Modified Standards

TCP (1-2)-18 (MOD)

TCP (2-2)-18 (MOD)

Locate equipment or materials, temporarily stored on State right of way during non-working hours, at least 30 feet from the edge of the pavement.

References to manufacturer’s trade name or catalog numbers are for the purpose of identification only. Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project, and are approved, except for roadway illumination, electrical, and traffic signal items.

The cost for materials, labor, and incidentals to provide for traffic across the roadway and for ingress and egress to private property in accordance with Section 7.2.4 of the standard specifications is subsidiary to the various bid items. Restore access roadways to their original condition upon completing construction.

The contractor is responsible for procuring permits and licenses, which are to be issued by the

City, County, or Municipal Utility District (MUD). Cost of the permits and licenses are incidental to the bid items.

Tolls incurred by the Contractor are subsidiary to the various bid items.

General: Site Management

Do not mix or store materials, or store or repair equipment, on top of concrete pavement or bridge decks unless authorized by the Engineer. Permission will be granted to store materials on surfaces if no damage or discoloration will result.

Personal vehicles of employees will have limited access to park within the right of way, including sections closed to traffic, as directed by the Engineer. Employees may park on the right of way at the Contractor’s office, equipment, and materials storage yard sites.

Assume ownership of debris and dispose of at an approved location. Do not dispose of debris on private property unless approved in writing by the District Engineer.

Control: RMC 6508-74-001 Sheet 3

General: Traffic Control and Construction

When design details are not shown on the plans, provide signs and arrows conforming to the latest “Standard Highway Sign Designs for Texas” manual.

Existing pavement markings removed or damaged by more than 20 ft. will be replaced with temporary striping. Temporary striping shall be paint based unless otherwise directed by the engineer. This work will be considered incidental to the item of work.

General: Utilities

If the Contractor damages or causes damage (breaks, leaks, nicks, dents, gouges, etc.) to the utility, contact the utility facility owner or operator immediately.

Be aware that an operational Computerized Transportation Management System (CTMS) exists within the limits of this project and that the system must remain operational throughout construction. If the Contractor damages or causes damage to this system, repair such damage within 8 hours of occurrence at no cost to the Department. In the event of system damage, notify the Director of Traffic Management Systems at 713-881-3283 within one hour of occurrence.

Failure of the Contractor to repair damage to the main fiber optic cable and CCTV cable trunk lines, which convey all corridor information to TranStar, will result in the Contractor being billed for the full cost of emergency repairs.

At least 72 hours before starting work, make arrangements for locating existing Department-owned above ground and underground fiber optic, communications, power, illumination, and traffic signal cabling and conduit. Do this by calling the Department’s Houston District Traffic

Signal Operations Office at 713-802-5662, or by e-mailing the Department’s Houston District

Traffic Signal Operations Office at HOU-LocateRequest@txdot.gov, to schedule marking of underground lines on the ground. Use caution if working in these areas to avoid damaging or interfering with existing facilities.

If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the Department.

If working near power lines, comply with the appropriate sections of Texas State Law and

Federal Regulations relating to the type of work involved.

Consider the locations of underground utilities depicted in the plans as approximate and employ responsible care to avoid damaging utility facilities. Depending upon scope and magnitude of planned construction activities, advanced field confirmation by the utility owner or operator may be prudent. Where possible, protect and preserve permanent signs, markers, and designations of underground facilities.

mailto:HOU-LocateRequest@txdot.gov

Control: RMC 6508-74-001 Sheet 4

If the Contractor damages any fiber optic lines in the duct bank, the Contractor will be responsible for the cost of properly repairing or replacing the damaged duct bank and fiber to the original condition.

At least 72 hours before starting work, make arrangements for locating existing Department-owned above ground and underground communications, power, illumination, and traffic signal cabling and conduit. Do this by calling the Department’s Houston District Traffic Signal

Operations Office at 713-802-5662, or by e-mailing the Department’s Houston District Traffic

Signal Operations Office at: HOU-LocateRequest@txdot.gov, to schedule marking of underground lines on the ground. Use caution if working in these areas to avoid damaging or interfering with existing facilities.

Item 6: Control of Materials

The Buy America Material Classification Sheet is located at the below link for clarification on material categorization.

https://www.txdot.gov/business/resources/materials/buy-america/federal-domestic-materials-program-material-classification-sheet.html

Item 7: Legal Relations and Responsibilities

This project does not require a U.S. Army Corps of Engineers (USACE) Section 404 Permit before letting, but if a permit is needed during construction, assume responsibility for preparing the permit application. Submit the permit application to the Department’s District

Environmental Section for approval. Once the permit application is approved, the Department will submit it to the USACE. Assume responsibility for the requested revisions, in coordination with the Department’s District Environmental Section.

If the work is on or in the vicinity of an at-grade railroad crossing, involves incidental work on railroad right of way, or involves construction of a railroad grade separation structure, notify the railroad company’s Division Engineer and the Department’s Project Engineer at least 30 days before performing any work on the railroad right of way and make arrangements for railroad flaggers unless otherwise shown in the contract. Obtain the required Railroad Right of Entry

Permit from the railroad company. Payment of applicable permit fees is the responsibility of the

Contractor. Acquiring the Railroad Right of Entry Permit is a lengthy process, allow sufficient time for this.

This project is on a hurricane evacuation route. Provide 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.

https://www.txdot.gov/business/resources/materials/buy-america/federal-domestic-materials-program-material-classification-sheet.html https://www.txdot.gov/business/resources/materials/buy-america/federal-domestic-materials-program-material-classification-sheet.html

Control: RMC 6508-74-001 Sheet 5

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

In addition to lane closures, cease work 3 days before the predicted hurricane landfall on or near the roadway that adversely impacts the flow of traffic and reduces the capacity of the highway during an evacuation. Vehicles of the Contractor, subcontractors, or material suppliers will not be allowed to enter or exit the traffic stream, including those for the purpose of 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.

The Migratory Bird Treaty Act (MBTA) of 1918 states it is unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export or transport any migratory bird, or any part, nest, or egg or any such bird, unless authorized under a permit issued by the Department of the Interior. If work occurs during the general nesting season (February 15 to September 30) that includes, but is not limited to, the following: demolition or repairs of structures (bridges, culverts, retaining walls, etc.) or vegetation removal, contact the Engineer and the District point of contact (POC, brooke.bowman@txdot.gov or 281-687-1614) to request a bird survey before starting work. Survey results remain valid starting the survey day plus the following three calendar days unless otherwise directed. If active nests, including ground-nesting species, are identified on site, a TxDOT Field Biologist will delineate a 75-ft buffer zone. Do not commence work inside this zone until a Field Biologist deems the nests inactive. During the general non-nesting season (October 1 to February 14), take appropriate steps to prevent nesting activities on infrastructure before the next nesting season. These preventative methods include vegetation removal, removal of inactive nests, installation of approved exclusion devices, or application of approved repellant per manufacturer's standards. If nesting birds are found outside the general nesting season, the MBTA and Texas Parks and Wildlife Code 64 still apply. Contact the District

MBTA POC immediately.

For any bird related questions, contact the District MBTA POC.

No significant traffic generator events have been identified.

Item 8: Prosecution and Progress

Working days will be computed and charged based on a calendar day workweek in accordance with Section 8.3.1.5.

Control: RMC 6508-74-001 Sheet 6

The Lane Closure Assessment Fee is $500 per lane per hour. This fee applies to the Contractor for closures or obstructions that overlap into restricted hour traffic for each hour or portion thereof, per lane, regardless of the length of lane closure or obstruction. For Restricted Hours subject to Lane Assessment Fee refer to the Item, “Barricades, Signs, and Traffic Handling.”

The time increment for the Lane Closure Assessment fee for this project is one hour.

Item 500: Mobilization

This contract consists of Call-out Mobilization for routine work and Emergency Mobilization for any emergency or unexpected work.

Item 502: Barricades, Signs and Traffic Handling

Furnish and maintain the barricades and warning signs, including the necessary temporary and portable traffic control devices, during the various phases of construction.

Submit changes to the traffic control plan to the Engineer for approval. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. These changes should conform to the latest “Texas Manual on Uniform Traffic

Control Devices” and the Barricade and Construction standard sheets.

Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item, “Barricades, Signs, and Traffic Handling.”

Do not mount signs on drums or barricades, except those listed in the latest Barricades and

Construction standard sheets.

Use traffic cones for daytime work only; replace the cones with plastic drums during nighttime hours.

Use shadow vehicles with Truck Mounted Attenuators (TMAs) for lane and shoulder closures.

Use a traffic control plan for handling traffic through the various phases of construction. Follow the phasing sequence unless otherwise agreed upon by the Engineer.

Control: RMC 6508-74-001 Sheet 7

Do not reduce the existing number of lanes open to traffic except as shown on the following time schedule:

One Lane Closures on Two Lane Roadway Facilities

Days Daytime Work

Hours

Nighttime Work

Hours

Restricted Hours:

Subject to Lane

Assessment Fees

Monday –

Friday

9:00 AM – 3:00 PM

9:00 PM – 12:00 AM

12:00 AM – 5:00 AM

3:00 PM – 9:00 PM

5:00 AM – 9:00 AM

Saturday –

Sunday Not Allowed Not Allowed All

One Lane Closures on Four or More Lane Roadway Facilities

Daytime Work

Hours

Nighttime Work

Hours

Restricted Hours:

Subject to Lane

Assessment Fees

Monday –

Friday

9:00 AM – 3:00 PM

9:00 PM – 12:00 AM

12:00 AM – 5:00 AM

3:00 PM – 9:00 PM

5:00 AM – 9:00 AM

Saturday –

Multiple Lane Closures on Four or More Lane Roadway Facilities

Daytime Work

Hours

Nighttime Work

Hours

Restricted Hours:

Subject to Lane

Assessment Fees

Monday –

Friday

9:00 AM – 3:00 PM

9:00 PM – 12:00 AM

12:00 AM – 5:00 AM

3:00 PM – 9:00 PM

5:00 AM – 9:00 AM

Saturday –

Full Closures

Daytime Work

Hours

Nighttime Work

Hours

Restricted Hours:

Subject to Lane

Assessment Fees

Monday –

Friday Not Allowed

9:00 PM – 12:00 AM

12:00 AM – 5:00 AM

5:00 AM – 9:00 PM

Saturday –

Not Allowed Not Allowed Not Allowed

The above times are approved for the traffic control conditions listed. The Area Engineer may approve other closure times if traffic counts warrant. The Area Engineer may reduce the above times for special events.

Control: RMC 6508-74-001 Sheet 8

Law enforcement assistance will be required for this project and is expected to be required for major traffic control changes and lane closures. Coordinate with local law enforcement and arrange for law enforcement as directed or agreed by the Engineer. Before payment will be made, complete the “Daily Report on Law Enforcement Force Account Work” (Form 318), provided by the Department and submit daily invoices that agree with this form for any day during the month in which approved services were provided.

Provide full-time, off-duty, uniformed, certified peace officers, as part of traffic control operations. The peace officers must be able to show proof of certification by the Texas

Commission on Law Enforcement Officers Standards. The cost of the officers is paid for on a force account basis.

Patrol vehicles must be clearly marked to correspond with the officer’s agency and equipped with appropriate lights to identify them as law enforcement. For patrol vehicles not owned by a law enforcement agency, markings will be retroreflective and legible from 100 ft. from both sides and the rear of the vehicle. Lights will be high intensity and visible from all angles.

The number of peace officers and working hours will be determined in advance of the work and approved by the Engineer.

At least 7 days before any total closure, notify the Houston District Public Information Office of which roadways, ramps, intersections, or lanes will be closed, the dates they will remain closed, and when they will be opened again to traffic.

At least 7 days before any total closure, place a Portable Changeable Message (PCM) sign at the location of each total closure which informs the traveling public of the details of the closure.

Alternately, if the Traffic Control Plan provides a positive barrier at the location, a non-trailer mounted static message board sign behind the positive barrier may be used in place of a PCM.

The Contractor Force Account “Safety Contingency” that has been established for this project is intended to be utilized for work zone enhancements, to improve the effectiveness of the Traffic

Control Plan, that could not be foreseen in the project planning and design stage. These enhancements will be mutually agreed upon by the Engineer and the Contractor’s Responsible

Person based on weekly or more frequent traffic management reviews on the project. The

Engineer may choose to use existing bid items if it does not slow the implementation of enhancement.

Control: RMC 6508-74-001 Sheet 9

Do not use blue vehicle warning lights (only amber lights are permitted) for the following:

• While working on or near the pavement or shoulder of a roadway while protected by a standard work zone set up.

• While working elsewhere on the right of way, away from the edge of pavement (slope repair, brush control, ditch maintenance, etc.)

• While working behind positive barriers associated with long term work zone durations (i.e. behind concrete barriers)

All work and materials furnished with this item are subsidiary to the pertinent bid items except:

• Truck mounted attenuators payable under Item 505

All lane closures are considered subsidiary to the various bid items.

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

Level 3 Compliant TMAs/TAs are required for this project.

TMAs will not be considered a major bid item.

A shadow vehicle with Truck-Mounted Attenuators (TMAs) or Trailer Attenuators (TAs) is required as shown on the appropriate Traffic Control Plan (TCP) sheets. TMAs/TAs must meet the requirements of the Compliant Work Zone Traffic Control Device List.

A total of one (1) shadow vehicle with a TMA/TA is required for the work.

In addition to the shadow vehicles with TMAs/TAs that are specified as being required on the

TCP layout sheets for this project, provide additional shadow vehicles with TMAs/TAs as shown on the TCP Standard sheets.

The Contractor is responsible for determining if one or more of these operations will be ongoing at the same time to determine the total number of TMAs/TAs needed on the project.

The total number of truck mounted attenuators (TMA) required when utilizing the traffic control standards are shown in the tables below.

TCP 1 Series Scenario Required TMA/TA

(1-1)-18 / (1-2)-18 ALL 1

(1-3)-18 A B 1 2

(1-4)-18 ALL 1

Control: RMC 6508-74-001 Sheet 10

TCP 2 Series Scenario Required TMA/TA

(2-1)-18 / (2-2)-18 ALL 1

(2-3)-23 A B 1 2

(2-4)-18 / (2-6)-18 ALL 1

TCP 6 Series Scenario Required TMA/TA

(6-1)-12 A B 1 2

(6-2)-12 / (6-3)-12 ALL 1

(6-4)-12 / (6-5)-12 A B 1 2

(6-6)-12 ALL 1 per lane

(6-8)-14 / (6-9)-14 ALL 1

No additional days of TMAs will be paid if it exceeds the number of days in the work order.

Item 506: Temporary Erosion, Sedimentation and Environmental Controls

Due to the nature of the work involved, a Storm Water Pollution Prevention Plan (SWP3) is not required. However, if a SWP3 becomes necessary, it will be paid as extra work.

The use of hay bales is not permitted as Storm Water Pollution Prevention Plan (SWP3) measures.

Use appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and

Federal laws.

Implement temporary and permanent erosion control measures to comply with the National

Pollution Discharge Elimination System (NPDES) general permit under the Clean Water Act.

Item 512: Portable Traffic Barrier

F-Shape (TY 1) Portable Traffic Barrier will replace a comparable quantity of Water Filled

Barrier currently located in the field. The contractor shall take possession and dispose of the

Water Filled Barrier replaced in this manner. Costs associated with this are incidental to Item

512-7017 PORT CTB (DES SOURCE)(F-SHAPE)(TY1).

F-Shape (TY 1) Portable Traffic Barrier will be furnished by TxDOT and will be made available to the contractor at the TxDOT stockpile located at the address below.

4225 N. Freeway

Houston, TX 77022

Control: RMC 6508-74-001 Sheet 11

Item 770: Guard Fence Repair

Object markers will be incidental to the various bid items.

All new holes for guardrail connections to any concrete structure (wingwalls, CTB, etc.) which require drilling will be considered subsidiary to the various bid items. This will include holes required when raising or upgrading guardrail.

For purposes of guardrail post replacement, a mowing strip is considered a foundation. When replacing posts, the mow strip has to be replaced as well. Supply all materials used to repair mow strips. Mow strip repair requires repairing the leave out as shown on the plans. This work is subsidiary to the various bid items.

Furnish a welding unit and a cutting torch, with competent operators, each day of work.

Provided the work is available and weather permitting, satisfactory prosecution of the work will be based on each crew placing not less than 20 posts and 250 feet of railing or fence in any one day’s period.

If in the opinion of the Engineer, a terminal anchor post is beyond repair, replace the entire terminal anchor in accordance with the standard detail sheet.

Removing and replacing reusable items for the Contractor's convenience will not be paid for directly, but will be incidental to the various bid items. An example is when an undamaged section of rail is removed from the post and set on the ground in order to make a repair to damaged post or another damaged item. In this case the rail is not damaged and is to be reused at this same location; therefore it will not be paid for because no repair was done to the rail.

When repairing damaged rail in the center median, repairing and/ or replacing (6") channel rail will not be paid for directly, but will be considered incidental to the various bid items.

Control : 6508-74-001 Project : RMC - A00223881

WALLER

US 290Highway :

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.

STANDARD SPECIFICATIONS:

MOBILIZATIONITEM 500

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

PORTABLE TRAFFIC BARRIER(420) (421) (424) (440) (442) (445) (502) (514) ITEM 512

GUARD FENCE REPAIR(429) (441) (445) (448) (506) (540) (542) (544) ITEM 770

REPAIR CABLE BARRIER SYSTEM(506) (543) ITEM 771

CONCRETE RAIL REPAIR(427) (429) (450) (506) (776) ITEM 778

ITEMS 1-9 INCL., GENERAL REQUIREMENTS AND COVENANTS

ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION

SEPTEMBER 1, 2024.

STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE

CONTRACT BY REFERENCE.

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

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

002)

SPECIAL PROVISION

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

"CARGO PREFERENCE ACT REQUIREMENTS IN FEDERAL AID

CONTRACTS" (000---007)

SPECIAL PROVISION

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

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

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

125)

SPECIAL PROVISION

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

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

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

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

(006---009) (006---017) SPECIAL PROVISIONS TO ITEM 006

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

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

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

(440---002) SPECIAL PROVISION TO ITEM 440

REQUIRED CONTRACT PROVISIONS. ALL FEDERAL-AID PROJECTS (REV 06-25) (FORM

FHWA 1273)

WAGE RATES

DISCLOSURE OF LOBBYING ACTIVITIES

1-2

GENERAL :

THE ABOVE-LISTED SPECIFICATIONS ITEMS ARE THOSE UNDER WHICH

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

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

SPECIFICATION ITEMS, AND INCLUDING THE SPECIAL PROVISIONS LISTED

ABOVE, CONSTITUTE THE COMPLETE SPECIFICATIONS FOR THIS PROJECT.

SPECIAL SPECIFICATIONS :

(441---001) SPECIAL PROVISION TO ITEM 441

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

(770---001) SPECIAL PROVISION TO ITEM 770

(771---001) SPECIAL PROVISION TO ITEM 771

2-2

CHILD SUPPORT STATEMENT

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

CONFLICT OF INTEREST CERTIFICATION

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

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

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

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

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

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

E-VERIFY CERTIFICATION

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

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

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

_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…